HOSTING USER TERMS

ACCEPTABLE USAGE POLICY
 
Background
Quantum Digital's Acceptable Use Policy (AUP) is designed to provide a clear understanding of the rules, regulations and restrictions regarding the use of Quantum Digital services.
From time to time Quantum Digital may impose reasonable rules and regulations regarding the use of its services. The AUPs are not exhaustive and Quantum Digital reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to this website www.Quantumdigital.com.au  or notification of the modified AUPs.
By registering for and using the services, and thereby accepting the terms and conditions of the Terms of Service Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Quantum Digital deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
Violation of any AUP is strictly prohibited and may result in the immediate termination or suspension of the services you receive from Quantum Digital. You shall remain solely liable and responsible for your use of the services and any and all content that you display, upload, download or transmit through the use of the services. "content" includes, without limitation, your e-mail, web pages, personal home pages, and domain names. It is Quantum Digital policy to terminate repeat infringers. Quantum Digital reserves the right to refuse service to anyone at any time
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $500 AUD per hour. Enquiries regarding security matters may be directed to info@quantumdigital.com.au. System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Quantum Digital may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Quantum Digitals. Such labor is categorized as emergency security breach recovery and is currently charged at $500 AUD per hour required. Enquiries regarding security matters may be directed to info@quantumdigital.com.au . Quantum Digital is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence , however, Quantum Digitals urges its customers to assume that all of their online communications are insecure. Quantum Digitals cannot take responsibility for the security of information transmitted over Quantum Digitals facilities.
Password Protection
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Quantum Digital service to guess passwords or to access other systems or networks without authorization. Quantum Digital will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Contact Information
Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Quantum Digitals servers being shut down.
Internet Etiquette
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Quantum Digital may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Quantum Digitals by offended users. Quantum Digitals reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The Quantum Digital network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian or United States law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $500,000 and/or receive up to 5 years in prison. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to info@quantumdigital.com.au . Quantum Digital will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Network Responsibility Customers have a responsibility to use the Quantum Digitals network responsibly. This includes respecting the other customers of Quantum Digitals. Quantum Digitals reserves the right to suspend and or cancel service with any Customer who uses the Quantum Digitals network in such a way that adversely affects other Quantum Digitals customers. This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers and services that belong to Quantum Digital or its customers (i.e. computer hacking), and/or Participating in behavior which result in reprisals that adversely effect the Quantum Digitals network or other customers' access to the Quantum Digital's network.
Quantum Digital will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Quantum Digital customer, whether or not the attacked account or computer belongs to Quantum Digital, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Quantum Digital is strictly prohibited.
Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:
• copyrighted material or
• material protected by trade secret and other statute or
• dissemination of harmful or fradulent content.
Using any Quantum Digital's service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Quantum Digitals services or products is prohibited. Using the Quantum Digitals network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Quantum Digitals network are open to the public. You are solely responsible for your usage of the Quantum Digitals network and servers and any statement you make on servers hosted within the Quantum Digitals network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero tolerance. Quantum Digital will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Quantum Digital network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Adult Content on the Internet
Quantum Digital will provide notification and will inform any customers in writing of improper materials on our servers. However, Quantum Digitals reserves the right to disconnect any customers immediately.
Commercial Advertisements with E-mail
Quantum Digital takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this This means that customers of Quantum Digitals may not use or permit others to use our network to transact in UCE. Customers of Quantum Digitals may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html ) for details. Opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of Quantum Digital are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Quantum Digital network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of Quantum Digitals SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Quantum Digital will initiate an immediate investigation (within 48 hours of notification). During the investigation, Quantum Digital may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Quantum Digitals may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Quantum Digitals reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Quantum Digital will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of Quantum Digitals SPAM policy may be reported to info@Quantum-digital.com  IP Address Overlap
Quantum Digitals administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Quantum Digitals staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
IRC
Quantum Digital does not allow the use of IRC servers on the Quantum Digital network. This includes, but is not limited to, the use of IRC server software, bots or anything related to IRC. Violators' servers will be suspended.
Billing
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's service to the Internet. The customer may request that the customer's service be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. Failure to pay within the terms of any invoice may result in the customers account being referred to a debt collection service at the customers cost.
Suspension
Quantum Digital reserves the right to suspend network access to any customer if, in the judgment of the Quantum Digital network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Quantum Digitals chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer's machines were suspended.
Cancellation
Quantum Digital reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation are non-refundable if Quantum Digital institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
Indemnification
Quantum Digital wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Quantum Digital for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Quantum Digital or the bringing of any claim against Quantum Digital by any third-party. This means that if Quantum Digital is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Quantum Digital, plus costs and reasonable attorney's fees.
ADSL, SHDSL and iBurst Services.
Acceptable Use
You must not use the .service. in a manner which interferes with the rights of other users or which breaches Internet netiquette.
Examples of things you must not:
• monitor data or traffic on any network or system if you do not have the authorisation of the owner of the network or system to do so
• forge any TCP-IP packet header, any part of the header information or an email source address in an email or newsgroup posting
• provide false user information to the .provider. or other users
• send ANY amount of unsolicited or unwanted email to any destination . also known as SPAM or UCE (Unsolicited Commercial Email).
 
This is now covered under new Australian Laws
• gain access to a person's private information (or attempt to do so)
• disobey the rules of any newsgroup, forum, email mailing list or other similar group
• post the same or similar messages to more than one USENET newsgroups (including by excessive cross-posting or multiple-posting, also known as 'SPAM').
Unauthorised Access
You must not use the .service. to obtain unauthorised access to any computer, system or network.
If you do not have authorisation, you must not:
• access or use any data, systems or networks
• probe, scan or test the vulnerability of a system or network
• breach any security or authentication measures for a system or network
• attempt to gain access to the account of any other user or system or network.
Unlawfully accessing or damaging data in a computer is not only a breach of the Acceptable Use Policy - it is also a criminal offence punishable by fine, imprisonment or both according to the Commonwealth Crimes Act section 76 and possibly other State and Federal Acts.
You must not use the .service. in a manner which may interfere with the technical operation of the .service. or any other computer, system or network
You must not attempt to interfere with the regular workings of the .providers. systems or network connections or the .provider. or its upstreams or any other network. The .provider. may override any attempt by you to specify a particular traffic routing pattern.
You must not impair the ability of other people to use the .providers. systems or the Internet or any other connected networks. You must not use the .service. as a staging ground to disable or interfere with other systems; for example DoS/DDoS attacks, Port Scans, etc. You must not use IRC (or other .chat. networks) bots or clone-bots on the .service.. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
Legal Material
In using the .service., you must not break any laws or infringe the rights of other persons.
For example, you must not:
• distribute or make available any abusive, obscene, defamatory or pornographic material
• distribute or make available any material which would be classified R or X (or refused classification) by the Classification Board or Banned under the laws of the Commonwealth of Australia or any state or territory of Australia
• copy or attempt to copy any material if you do not have the owner's permission to do so.
Detection/Co-operation
To detect and deal with breaches of the Acceptable Use Policy, the .provider. may take the following actions:
• The .provider. will co-operate with other service providers to control unacceptable user behaviour.
• The .provider. will co-operate with the Police (state or federal), other law enforcement or Intelligence Agencies of the states or Commonwealth of Australia, by providing the details and related data (i.e. log files) of users who are suspected of breaking any laws of the states or Commonwealth of Australia.
• The .provider. will co-operate with any court order requiring information about the activities or the service details.
The .provider. may implement technical mechanisms to prevent behaviour which breaches this Policy (for example, which block multiple postings before they are forwarded to their intended recipients, access to Peer-to-Peer networks or websites or network addresses deemed to hold illegal content).
The .provider. may exercise any rights it has under its contract with the customer whose account is being used in breach of this Policy. Such rights include the right to suspend or terminate the customer's use of the .service..
The .provider. may take any other action it deems appropriate, including taking action against offenders to recover the costs and expenses of identifying them.
Usage of .Flat Rate. services on Residential Grade DSL services
The Flat Rate services of the .provider. are not to be considered .Unlimited. services.
The .provider. does not charge excess data for the .fair use. of Flat Rate services.
.Fair Use. is defined as the ordinary use of a broadband service. Ordinary use does not include the downloading of illegal or infringing materials.
As a guideline, the .fair use. download levels would be exceeded in a rolling 1 month period if downloads were in greater than the following levels:
256/64k 25 Gigabytes
512k/128k 35 Gigabytes
1.5M/256k+ 60 Gigabytes
Based on our analysis of our current user base, these levels far exceed to typical usage of the size services quoted.
Should a user exceed the above values, it does not mean that the service will be disconnected or suspended. What it does mean thought, is that the .provider. reserves the right to throttle (slow down) the service after this point. At this point in time (23July04), no throttling policy exists, but should there be consistent extreme usage beyond the levels defined, we reserve the right to institute such a policy.
Usage of .Flat Rate. services on Business Grade Broadband Services
The Flat Rate services of the .provider. are not to be considered .Unlimited. services.
The .provider. does not charge excess data for the .fair use. of Flat Rate business services.
Broadband includes Standard DSL, Premium DSL, Fibre, x.163, Co-locations and other Meet-Me Services.
256/64k 25 Gigabytes
512k/128k 35 Gigabytes
1500k/256k 60 Gigabytes
2M/{384k/640k} 80 Gigabytes
4M/640k 80 Gigabytes
6M/640k 100 Gigabytes
512k/512k 40 Gigabytes
1M/1M 60 Gigabytes
1.5M/1.5M 60 Gigabytes
2M/2M 80 Gigabytes
3M/3M 85 Gigabytes
4M/4M 90 Gigabytes
For the purpose of measuring upstream traffic on flat-rate services, uploaded data is measured separately and uses the same values above.
Usage of .Flat Rate. services on iBurst services by Business or Residential Users
The Flat Rate services of the .provider. are not to be considered .Unlimited. services.
The .provider. does not charge excess data for the .fair use. of Flat Rate services.
.Fair Use. is defined as the ordinary use of a broadband iBurst service. Ordinary use does not include the downloading of illegal or infringing materials.
As a guideline, the .fair use. download levels would be exceeded in a rolling 1 month period if downloads were in greater than the following levels:
iBurst Mobile 15 Gigabytes
iBurst Desktop 20 Gigabytes
Should a user exceed the above values, it does not mean that the service will be disconnected. What it does mean is that the .provider. reserves the right to throttle (slow down) the service after this point. At this point in time (23July04), no throttling policy exists, but should there be consistent extreme usage beyond the levels defined, we reserve the right to institute such a policy.
IP Address Allocation
An IP Address is a number(s) that identify a connection to the internet.
• Residential grade services are assigned a dynamic IP address upon successful authentication. This means that an IP address from an allocated pool is assigned to the customer upon login and that IP address will change from time to time as set by the system.
1. Customers with Static IP Addresses are exempt from the above
2. Business Grade services, who always have Static IP Addresses are exempt from the above
• Residential Grade services are required to re-connect/re-authenticate to the .providers. network every 24 hour period (from initial logon). This provides consistency and accuracy for usage and accounting purposes.
• Premium/Business DSL and fibre services are exempt from the above
Blocked Servers/Services
There are internet .servers. or .services. which are considered not appropriate to be hosted on Residential Grade services of the .provider..
• Anything that may be defined as a .server.; examples are as follows:
1. Web Server (Port 80)
2. Mail Server (Port 25, 110, 143)
3. Game Servers (Various Ports)
4. Any FTP Server (20,21)
5. DNS Servers (53)
6 . IRC (or other Chat) servers (Various Ports)
• Services specifically exempt are:
1. Non-Business VPN
2. Remote Control (i.e. Remote Administrator, PC Anywhere, Terminal Services, Laplink, VNC, etc.)
• Business grade services must not operate the following services without written permission of the .provider.
1. DNS Server (53)
2. Anonymous FTP Servers (20,21)
3. .Open Relay. Mail Servers (25)
• On the iBurst mobile service, blocked services are as per Residential Grade restrictions
The .provider. reserves the right to .block. these or any other like services from operating on the .providers. network by utilising access-lists, firewall, filtering or other bandwidth control technologies.
Open Relay Mail Servers
We define an .Open Relay. mail server as an SMTP mail server that allows third-parties to send emails to other third-parties. Third-partied are those people/services that are not authorised to use an end-customers mail server.
One use of an Open Relay server is that they are used to send spam/viruses to many people (perhaps hundreds of thousands). Open Relay servers cause significant stress on the .providers. network and are not allowed under any circumstances.
Business customers who choose to operate their own mail servers are responsible for the orderly administration of those servers. They must be configured not to be able to be used for .open relaying.. If you need assistance, please contact the .provider..
Any customer, who operates an Open Relay mail server, whether purposefully or accidentally, will be liable for costs incurred by the provider in dealing with the situation.
Disclaimer of Responsibility
Quantum Digital is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Quantum Digitals disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of Quantum Digitals must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
Indirect or attempted violations of the AUPs and actual or attempted violations by a third party on your behalf, shall be considered violations of these AUPs by you.