121 Creative Acceptable Use Policy

This Acceptable Use Policy applies to all clients of 121 Creative (‘the Provider’). This Policy outlines prohibited uses of services provided by 121 Creative. Consequences of breach of this policy are outlined below and in your Hosting Agreement.

1. DEFINITIONS

‘Spam’

includes one or more unsolicited commercial electronic messages as defined in the Spam Act 2003.

‘Service’

refers to hosting, email, and other internet-delivered services provided by the Provider.

‘Virus’

refers to self-replicating computer code or software which installs itself on computers without notice or permission.

‘Malware’

refers to computer software, including Viruses and Worms, as well as Trojan Horses, Keystroke loggers, Spyware, Adware, or Botnet software, which contains hidden functionality or is engineered to be difficult to remove, conceal itself, steal information, block or interfere with computer functionality or display advertising without permission.

‘Denial of Service attack’

refers to the generation of large volumes of network traffic with the aim of preventing an organisation or individual from providing or receiving services on the Internet

‘Real-Time Black List’

refers to online black lists of servers and other computers known to have sent, or be suspected of sending, Spam, be infected with malware or viruses (or suspected of same), or be involved in the distribution of same.

2. ILLEGAL ACTIVITY

The client must not use or allow any service to be used for any purpose prohibited by the Federal laws of Australia, or State laws of New South Wales, or the Customer’s state of residence, including but not limited to:

1. Hacking, including successful or unsuccessful attempts to access systems, accounts, or data other than those that the customer is authorised to access.
2. Pornographic or Obscene content as prohibited by applicable state laws, federal laws, and classification guidelines.
3. Internet Gambling as defined by the Interactive Gambling Act 2001
4. Fraudulent activity including but not limited to:
   1. Phishing and other forms of website forgery undertaken with intent to deceive or to steal private information
   2. Misleading or Deceptive conduct as defined in the Trade Practices Act 1974
5. Threats to, or Harassment of any person or other legal entity
6. Distribution of copyrighted material for which the Client has no authority to do so.

3. UNSOLICITED COMMERCIAL MESSAGES AND MALWARE

The client must not use or allow any service to be used to:

1. send, allow to be sent, or assist in the sending of Spam,
2. use or distribute any software designed to harvest email addresses,
3. otherwise breach the Spam Act 2003,
4. distribute or propagate Viruses,
5. distribute, sell, promote, or facilitate the distribution, sale or promotion of Malware,
6. incite, promote, facilitate or execute Denial of Service attacks or other network attacks on any individual, computer network, corporation, government or other entity.

4. EXTERNAL UNSOLICITED MESSAGES

The client must not use any external service or allow any external service to be used to promote their website which engages in transmission of unsolicited email (Spam) or other unsolicited electronic communications including but not limited to SMS.

5. DISREPUTABLE ACTIVITY

The client must not use or allow any service to be used for any purpose which may bring 121Creative, its employees, partners, other clients, or suppliers into disrepute, including but not limited to:

1. Publication, distribution, sale, promotion, or facilitation of production of Pornographic material of any kind
2. Defamation of any individual or entity by published content, transmitted email or other electronic message
3. Using the service, or allowing the service to be used to harm, or attempt to harm children in any way.
4. Suspicious activity, including but not limited to repeated port-scanning or aggressive repeated login attempts
5. Promotion, facilitation, sale, or endorsement of Multi-Level-Marketing, Network Marketing, or Matrix schemes, ‘Get Rich Quick’ schemes, Chain letters, Ponzi schemes, Fringe religious organisations, Fringe political organisations, or their products, services, or events.
6. Forgery or impersonation including false claims of awards, prizes, certifications, qualifications, memberships or affiliations
7. Use of any service to ‘park’ or block a domain name or other internet resource to which the client has no reasonable claim
8. Reselling services without the Provider’s authorisation
9. Undertaking any activity which may result in the Provider’s network or any element of it being placed on any RBL (Real-time Black List), or government or private internet filter blacklist.

6. VISITOR-SUPPLIED CONTENT

The client agrees to be held responsible for publically-accessible content submitted by visitors of their website, and to regularly monitor it for any submissions or activity in breach of this Acceptable Use Policy, and to delete or hide content which is in breach of the policy or otherwise inappropriate.

7. PASSWORDS AND ADMINISTRATOR SECURITY

The client agrees that any and all activity undertaken by user accounts on websites or other services authenticated under an administrative account is their responsibility. To this effect, the client agrees to be held responsible for:

1. The security of computers used by the client to access any services
2. The strength of passwords on administrator accounts
3. The integrity of networks to which the client is connected while accessing the service
4. Regular updates to client machine operating systems, anti-virus software, and other software to ensure compliance with the above

5. ADDITIONAL REMEDIES FOR CONSEQUENCES OF PROHIBITED ACTIVITY

The client agrees that, in addition to suspension or cancellation of services as a result of breach of this policy, the Provider reserves the right to pursue recovery of costs resulting from cases of repeated, wilful, or extensive breaches including but not limited to:

• additional purchase of network resources and/or reconfiguration of equipment due to being placed on an RBL (Real-time Black List), or;
• costs to both the Provider and its clients incurred as a result of being placed on government or private internet filter blacklists

The Client agrees to indemnify the Provider against said costs should wilful action or neglect on the part of the Client result in any of the above.