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Please Read This. 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. Mistreatment & Illegal Activities 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 a 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). Examples of, but not limited to, be: 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. Site Backups 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. User Processes 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. Support Restrictions 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) - 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. Content: Your hosting account from Media Stop may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australia Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless Media Stop from any claims resulting from the use of the service, which damages the subscriber or any other party. These terms can change without notice when law changes occur. All pornographic content and sex-related merchandising is prohibited on all Media Stop servers. This includes sites that may infer sexual content or links to adult content elsewhere. Media Stop will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Media Stop servers or any other server on the Internet. Links to such materials are also prohibited. For more information please do not hesitate to call or email us. Please make sure before you sign up or purchase or use of any of our products. We are not responsible for any refusal or cancellation of any product during or at the time of purchase. Billing: You will be billed near the time of your subscription schedule monthly. You are responsible to pay the bill within 4 working days of your subscription unless notified differently. Late payment fee of $5.00 will be added to each bill for each period if not paid. Cancellation: Cancellation can be made via email along with your username. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. You will also need to pay for the bandwidth usage (if any) in the month. Suspension: Activity, which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension. IT IS NOT A CRIME WHEN YOU DID NOT UNDERSTAND, PLEASE CALL TO CONFIRM YOUR SITUATION, WE ARE HONEST AND WE LIKE HONEST CUSTOMERS.
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