Acceptable Use Policy
Version 1.2.1 Published on 5/9/2018

Document Index

1. Term Definition

2. General

3. Control

4. Eligibility of Use

5. Content that is not permitted

6. Spam Email and SMS

7. Accountability

8. Responsibility

9. Disclosure

10. Reselling Internet Services

1. Term Definition

In this Acceptable Use Policy, the following terms have these meanings:

  • “Service” or “Services” means any service/s or product/s the Customer has ordered from HostHero.
  • “You”, “Your”, “Customer” means a “Customer” to the Service, or anyone accessing the Service using the Customer’s credentials.
  • “HostHero”, “Our”, “Us”, “We” means Host Hero (ACN 608 896 242).
  • “Agreement/s” means the sum total of Our “AUP”, “SLA”,”ToS” and “Privacy Policy”
  • “AUP” means our Acceptable Use Policy, accessible at this link.
  • “ToS” means our Terms of Service, accessible at this link.
  • “SLA” means our Service Level Agreement, accessible at this link.
  • “Customer Area” means our online portal where you can manage your Services
  • “Website” means https://www.HostHero.com.au.

 


2. General

Our Acceptable Use Policy (“AUP”) outlines the terms of the Customer’s service agreement. It is intended as a guide to the Customer’s obligations and rights when using HostHero’s services.

We hope this AUP is helpful in clarifying the obligations of all internet users, including HostHero and its Customers. Any complaints about a violation of this AUP should be sent to support@HostHero.com.au

HostHero reserves the right to revise and modify this Policy at any time. Customers will be notified by email at the time of making any modifications.

 


3. Control

When Customers or users of Customer’s websites obtain information through the internet, they must keep in mind that HostHero cannot monitor, verify or vouch for the accuracy of the information they acquire. Customers must exercise judgment in relying on information obtained from the internet, and also should be aware that some material posted to the internet may be false in nature, politically incorrect, sexually explicit or otherwise offensive. HostHero cannot monitor or censor the internet. Therefore HostHero cannot accept any responsibility for injury resulting from inaccurate, unsuitable, offensive or illegal internet content or communications.

HostHero does not review, edit, censor or take responsibility for any information created or posted by Customers. When Customers place information on the internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Customers postings to the internet may affect other Customers and may affect HostHero’s goodwill, business, reputation or operations. For these reasons, Customers violate HostHero’s set Agreements when they, their Customers, affiliates or subsidiaries engage in the activities described within this Acceptable Use Policy.

 


4. Eligibility of Use

The Services are not intended for use by anyone under the age of 18. By using Our Services, You represent and warrant that You are 18 years of age or older. If You are under the age of 18, You may not, under any circumstances or for any reason, use the Services.

The Services are offered only for Your use, and not for the use or benefit of any third party. The right to access the Services may be revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

HostHero retain the sole discretion to refuse Services to anyone or any entity and change its eligibility criteria at any time.

Customer obligations include:

  • You must notify us immediately of any change in Your eligibility to use the Services
  • You are solely responsible for the activity that occurs on Your Account, regardless of whether the activities are undertaken by You, Your employees or a third party (including Your contractors or agents)
  • You shall not select or use as a username a name of another person with the intent to impersonate that person;
  • You shall not use as a username a name subject to any rights of a person other than You without appropriate authorisation; or
  • You are solely responsible fo keeping Your Account credentials secure.
  • You shall not use, as a username, a name that is otherwise offensive, vulgar or obscene.
  • You may never use or interfere with another person’s user account or registration information for the Services without their permission.
  • You should never publish or distribute login information for Your Account.
  • You must notify us immediately of any unauthorised use of Your account

HostHero are entitled to suspend or terminate Your Account if You breach these Terms of Service.

HostHero may disclose Your Account details to any law enforcement bodies who investigates Your use of our Service.

HostHero will not be liable for any loss or damage as a result of Your failure to provide us with accurate information or to keep Your Account secure or with any investigation by law enforcement bodies.

 


5. Content that is not permitted

It is a violation of Our terms of use for the following content to be posted to websites hosted with HostHero:

  • Content that is Adult or Explicit in nature
  • Content that is defamatory, harassing, abusive or threatening language.
  • Internet viruses, worms, Trojan horses
  • Instructions on how to create and use internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks.
  • Content that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted software, books, photos, or other copyrighted sources.

Customers agree not to store, advertise, or link to any images, video, text or audio containing such content. Any websites hosted with HostHero that violate this term may be suspended immediately without prior notification to the Customer.

HostHero reserve the right to make the final decision in any dispute regarding what is deemd to be unacceptable content. By hosting with HostHero, all Customers agree to accept HostHero’s decisions in such matters.

 


6. Spam Email and SMS

It is a violation of Our terms of use for Customers to send unsolicited bulk messages over the Internet (also known as “spamming”). This may be in the form of Emails or SMS. Customers must comply with all relevant legislation and regulations when sending bulk e-mail, including the Australian Anti Spam Legislation 2004 and the CAN-SPAM Act of 2003. If HostHero receive a spam complaint, we will investigate and shut down any account that is found to be sending spam emails.

 


 

7. Accountability

Our Customers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Acceptable Use Policy.

 


8. Responsibility

The responsibility for avoiding harmful activities just described rests primarily with the Customers. HostHero does not monitor the communications of Customers to ensure that they comply with applicable laws or with Our policy. Should We become aware of unauthorized activities, We may take action to stop the harmful activity, including, but not limited to, suspending a web site, removal of information, implementing screening software designed to block offending data, denying access to a Customer’s account, or any other action deemed appropriate by HostHero.

 


 

9. Disclosure

HostHero may disclose Customers information or information transmitted over its network where necessary to protect HostHero and others from harm, or where such disclosure is necessary to the proper operation of the system. However, HostHero will never sell information to other services or outside companies.

HostHero will not intentionally monitor private electronic mail messages sent or receive by its Customers, unless required to do so by law, governmental authority or when public safety is at stake. HostHero may, however, monitor its service electronically to determine that its facilities are operating to a satisfactory level.

HostHero may disclose information, including but not limited to, information concerning a Customer, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. HostHero assumes no obligation to inform the Customers that Customers information has been provided and, in some cases, may be prohibited by law from giving such notice.

 


10. Reselling Internet Services

In the event that a Customer are themselves a provider of internet services, and that offending content may have originated from the Customer of a Customers, HostHero reserves the right to take direct action against the offending material or end Customer. HostHero may take action against HostHero’s Customers because of activities of a Customer of the Customers, even though the action may affect other Customers of the Customers. HostHero expects Customers offering internet services to cooperate with HostHero in any corrective or preventive action that HostHero deems necessary. Failure to cooperate with HostHero constitutes a violation of this policy.

HostHero expects that its Customers who provide internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A Customers failure to comply with those laws will violate HostHero policy. Finally, HostHero wishes to emphasize that, in accepting the Service Agreements, Customers indemnify HostHero for any violation of the Service Agreements, law or HostHero policy resulting in loss to HostHero or the bringing of any claim against HostHero by any third party. This means that, if HostHero is sued because of a Customers or Customer of a Customers activity, the Customers will be responsible for payment of any damages awarded against HostHero, plus costs and reasonable attorney’s fees.