ACCEPTABLE USE POLICY

This Acceptable Use Policy (the "Policy") describes the proper kinds of conduct and prohibited uses of the hosting and e-mail services (the "Services") provided by Rockerto. The Policy forms part of the Agreement. This Policy is not exhaustive and Rockerto reserves the right to modify it at any time, effective upon posting of the modified version at http://www.rockerto.info/legal/policies.html or such other location designated by Rockerto. By using Rockerto Services, you agree to abide by the then current version of this Policy.

Any violation of this policy may result in the suspension or termination of the services and such action as Rockerto deems appropriate as further described in the hosting Agreement. Any repeated violation of this policy will result in the termination of the hosting Agreement. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the Policy by you.

GENERAL

Rockerto Services enable you to host and serve your Web site and all related content, including, but not limited to, programs, program scripts, e-mail, text, bulletin board postings, hypertext links, meta tags, domain names, pictures, graphics, forums, interactive media, and audio/visual materials that you or a third party (collectively, "Customer Content") posts on your Web site or other equipment, servers, software and network of Rockerto (collectively, "Rockerto Systems"). Generally, Rockerto does not actively monitor, censor, or directly control any information that is stored on or transmitted over Rockerto Systems. Rockerto cannot and does not warrant, verify or guarantee the quality, accuracy, safety or integrity of your Customer Content or other materials or information that you or a third party may post or access through the Services. You are solely responsible for all of the Customer Content and your and your users' use of Rockerto Services and your Web site.

NO ILLEGAL OR HARMFUL USES

Rockerto Services and Systems may be used only for lawful purposes. Transmission, distribution or storage of any material or any activity in violation of any applicable law or regulation, including but not limited to gambling, is strictly prohibited. The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited. Rockerto reserves the right to restrict or prohibit any and all uses or content that it determines in its sole discretion is harmful to its systems, network, reputation, good will, other Rockerto Customers, or any third party.

Excessive Use of Server Resources. The use of programs and scripts that cause excessive stress to servers including, without limitation, chat scripts is prohibited on shared server accounts. This is due to the resultant reduction in resources and deterioration of service for other the Customers on the same shared server. Such programs and scripts may only be used with dedicated server accounts. Additionally, excessive use and/or violation of bandwidth/storage maximums are prohibited on all web hosting accounts. Determination of excessive use is at Rockerto sole discretion.

Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trade mark, patent, trade secret or other intellectual property right used without proper authorisation. Infringement may result from the unauthorised copying and posting of pictures, photographs, logos, registered or unregistered trade marks, software, articles, musical works, and videos.

Illegal Materials. Disseminating or hosting material that is, without limitation, unlawful, obscene, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable, under the laws of any jurisdiction.

HOSTING CONTENT WHICH IS UNLAWFUL/CRIMINAL
including hosting or transmitting any content the hosting or transmitting of which would be a contravention of any law of the Commonwealth of, or a State in, Australia, such as, for example, material of a pornographic nature depicting children; and

Harmful Content. Disseminating or hosting harmful content or software including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information including the Services.

Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, activities (ie. gambling) or promotions (ie. make money fast schemes, chain letters, and pyramid schemes); fraudulent submission or use of personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade practice.

Privacy. Collecting, using and disclosing any personally identifiable user information in violation of any applicable law and/or stated privacy policy.

MAINTENANCE OF SECURITY AND INTEGRITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. Rockerto will 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:

Hacking. Unauthorised 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 authorisation of the owner of the system or network.

Interception. Unauthorised monitoring of data or traffic on any network or system of Rockerto or any third party.

Intentional Interference. Interference with service to any user, host or network including, but not limited to, denial of service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.

Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.

Avoiding System Restrictions. Using manual or electronic means to modify usage details for billing reasons or to avoid any use limitations placed on the Services such as access and storage restrictions.

MALICIOUS ACTIVITY AGAINST OTHER HOSTS ON THE Internet
including:
(i) defacing of Web-sites without the permission of the Web site owner;
(ii) obtaining (or attempting to obtain) un-authorised access to data by circumventing (or attempting to circumvent) security controls designed to prevent un-authorised access;
(iii) the use of "probing" of devices on the Internet with the intent of searching for and/or identifying security weaknesses on those devices
(iv) interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks and denial of service attacks.

Rockerto requires you to take responsibility for maintaining the security of your service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

You must not use, or allow any other person to use, the Rockerto network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth) or under other applicable state and/or Commonwealth Laws.

Rockerto reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet encourage or incite another party to breach, any of the above terms, conditions, rules, regulations or laws.

Rockerto disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of Rockerto services or the suspension or termination of your service by Rockerto.

NO E-MAIL ABUSES

You may not distribute, publish, send or incite unsolicited mass e-mailings, promotions, advertising, or solicitations (such as "spam"), including, without limitation, commercial advertising, informational announcements, and mail bombing. You may not use Rockerto mail server or a third party mail server to relay mail without the express permission of the account holder or the third party site. Posting the same or similar message to one or more newsgroups (including, but not limited to, the use of chain letters, excessive cross-postings or multiple-postings) is explicitly prohibited.

NO SERVICE BUREAUS

You may not sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Service to any other person without the express prior written consent of Rockerto.

The Customer shall at all times adhere to all applicable laws, rules, and regulations and to Rockerto then current Acceptable Use Policy (or such other location as Rockerto may specify). In particular the Customer may not utilise the Services:

 

a)	in connection with any tortious or actionable activity;
(b)	to publish or disseminate information that: (i) constitutes slander, libel or defamation; (ii) publicises the personal information or likeness of a person without that person's consent; or (iii) otherwise violates the privacy rights of any person; or
(c)	to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law;
(d)	in connection with any disruptive or abusive activity;
(e)	to cause denial of service attacks against Rockerto or other network hosts or Internet users or to otherwise degrade or impair the operation of Rockerto servers and facilities or the servers and facilities other network hosts or Internet users;
(f)	to post messages or software programs that consume excessive CPU time or storage space;
(g)	to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the Customer's own account;
(h)	to subvert, or assist others in subverting, the security or integrity of any Rockerto system, facility or equipment;
(i)	to gain unauthorised access to the computer networks of Rockerto or any other person;
(j)	to provide passwords or access codes to persons not authorised to receive such materials by the operator of the system requiring the password or access code;
(k)	to: (i) forge the signature or other identifying mark or code of any other person; (ii) impersonate or assume the identity of any other person; or (iii) engage in any other activity (including 'spoofing') to attempt to deceive or mislead other persons regarding the true identity of the Customer (excluding the use of anonymous remailers or Internet nicknames);
(l)	to conduct port scans or other invasive procedures against any server (except any server for which the Customer is an authorised system administrator);
(m)	to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam;
(n)	in any manner that might subject Rockerto to unfavourable regulatory action, subject Rockerto to any liability for any reason, or adversely affect Rockerto public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Rockerto in its sole discretion; or
(o)	in any other manner to interrupt or interfere with the Internet usage of other persons.

ENFORCEMENT BY Rockerto

Rockerto reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of Rockerto Systems. As described in the Hosting Agreement, Rockerto reserves the right and has absolute discretion to (a) enforce this Policy and the terms of the Hosting Agreement and (b) remove or disable access, screen or edit any Customer Content that violates these provisions or is otherwise objectionable. Without limitation, Rockerto also reserves the right to report any activity (including the disclosure of appropriate Customer information) that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Rockerto also may without limitation cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct or infringement of any third party's legal rights by providing network and systems information related to allegedly illegal, harmful, infringing or objectionable content. Rockerto reserves all rights to identify the Customer by its IP address to third parties within the scope of the Privacy Act 1988 (Cth).