Terms and Conditions of Use

This document is provided as a quick reference and explanatory guide to our policies. The language contained within is not to be construed as legally binding; merely as descriptive guide of the contents of the fully worded service agreement document.

Any event of server Mistreatment is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and MEDIASTOP.COM.AU reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an Mistreatment of service, contact MEDIASTOP.COM.AU directly to check with us before proceeding.

Ignorance of the consequences of your actions will not protect you from liability.

You will be charged a $200.00 site clean-up fee for any Mistreatment of the terms listed below PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE MISTREATMENT WILL BE BILLED AT MEDIASTOP.COM.AU (Server Provider) $40.00 PER HOUR RATE x3 (TRIPLE DAMAGES).

Email Mistreatment - Unsolicited Commercial Email ("Spam") is implicitly forbidden. UCE costs us time and money, and using our equipment in this way will be treated like it is - illegal theft of service. In many states, sending Spam to people without their permission is a felony punishable by law now.

Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Our servers.

IRC sessions - Using MEDIASTOP.COM.AU's servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any MEDIASTOP.COM.AU's server. Running IRC from our servers makes them targets for attack. Bluntly put, you are not paying us enough to act as a human shield for your IRC wars. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. We will give no warning before terminating this activity and the account responsible.

Hacking / Denial of Service - Network activity that constitutes an attack on any Internet host from a MEDIASTOP.COM.AU server is grounds for immediate termination of likely prosecution. In short - don't do it, because we wont stand by and watch it happen.

While we maintain regular backups of user data, in preparation for the inevitable event of hardware failure, we have some specific rules regarding the purpose and use of these backups: as a rule of thumb - MEDIASTOP.COM.AU is not a paid online backup service. There are actual online services out there, which will guarantee the integrity of your data on their storage area. It is not recommended that you use your MEDIASTOP.COM.AU account as a backup service for your data. We provide web-serving services - your disk space quota is there for files to be served up as a website, it is not intended as a permanent repository for such data. This policy manifests itself in the following example scenarios:

No restoration of files deleted by users - This policy is, admittedly, draconian at first impression. The reality of the matter is that we cannot provide restoration of files specifically deleted by users, accidentally or otherwise. The reasoning behind this is founded in the time involved in restoring single files from tape archives - backup tape is slow, and the time involved in restoring a single file can run into hours. During this time, no updating of archives can occur - this ages the data on tape in relation to the current information stored on the servers, placing much more information at risk of permanent loss.

Backups for rapid restoration only - the backup operates with the goal of rapid server restoration in the event of hardware failure, and the retention of dynamic data [e.g SQL databases] in the face of such events. What this means to you directly is always keep your own copy of your website - the service we provide is to serve web pages, and not to act as backup server for your data. The backup system operates to maximize site availability in the face of catastrophe.

Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [more than 10 minutes per hour of CPU time] will be reprioritised if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server Mistreatment .

Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and se to run permanently in the background on a server] are not to be initiated without prior arrangement with use. Generally, we accept background processes, so long as they do not openly break one of our other policies - we do however reserve our right to examine all code before it runs on our hardware.

Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access.

Areas we do not support - MEDIASTOP.COM.AU will make efforts support information for configuring popular network/web software to use Internet services. However we can in no way specifically test every piece of software that could possibly be utilized with our systems, only provide general system-related information.

The offer of any particular service does not constitute an obligation on Media Stop’s part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Domain/DNS problems - in many situations, problems with domain names/DNS issues are NOT directly the responsibility of MEDIASTOP.COM.AU. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of MEDIASTOP.COM.AU, then the task of acquiring a solution will fall back into your hands. MEDIASTOP.COM.AU will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.

Adult Content

Adult Content produces too much bandwidth for us to provide services to - it is no surprise that hosting services for these kind of sites cost in the hundreds of dollars a month. We not wish to be in this area of the web services industry and it our prerogative to refuse or cancel service to sites of this nature.

Please note: MEDIASTOP.COM.AU is not in the business of censorship, and our policy against adult sites is based on the traffic generated by these sites in comparison to our fees, not by any prudish desire to keep the internet G-rated. Feel free to contact us with some examples if you are unsure whether your site violates this policy.

Illegal Content

Files that violate copyright or other federal laws are grounds for instant termination of service. This expressly includes:

- Copyrighted Software ("Wares")
- Copyrighted Media (MP3 files of commercial recordings, etc)
- Proprietary Computer information (e.g. stolen password files)

All accounts are set up on a pre-pay basis. MEDIASTOP.COM.AU reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (3 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The client is responsible for all money owed on the account from the time it was established to the time that the client notifies MEDIASTOP.COM.AU at to request for termination of services. All payment is in U.S. currency.

Cancellation

MEDIASTOP.COM.AU reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by MEDIASTOP.COM.AU if MEDIASTOP.COM.AU institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the client (i.e. transfer, space, spamming, etc.)

Lawful Purpose

MEDIASTOP.COM.AU reserves the right to refuse service to anyone. Clients may only use MEDIASTOP.COM.AU server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of MEDIASTOP.COM.AU management.

Indemnification

CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MEDIASTOP.COM.AU HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST MEDIASTOP.COM.AU, ITS AGENTS, ITS CLIENTS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CLIENT, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MEDIASTOP.COM.AU AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH MEDIASTOP.COM.AU SERVER; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CLIENT FROM MEDIASTOP.COM.AU SERVER.

MEDIASTOP.COM.AU WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MEDIASTOP.COM.AU MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MEDIASTOP.COM.AU DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY MEDIASTOP.COM.AU AND ITS EMPLOYEES. MEDIASTOP.COM.AU RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.