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.
includes one or more unsolicited commercial electronic messages as defined in the Spam Act 2003.
refers to hosting, email, and other internet-delivered services provided by the Provider.
refers to self-replicating computer code or software which installs itself on computers without notice or permission.
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:
3. UNSOLICITED COMMERCIAL MESSAGES AND MALWARE
The client must not use or allow any service to be used to:
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:
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:
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:
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.