Acceptable Use Policy
1.2. “Clent” means the person or entity who ordered services provided by Mainstay Digital.
1.3. “Client Service” means the relationship between Mainstay Digital staff and the Client, with the purpose of assisting the Client with a question they have asked.
1.4. “eTicket” refers to a secure electronic message sent by the Client to Mainstay Digital via VIPControl for assistance or for any questions they may have with any Service(s).
1.6. “Server Management Jobs” refers to an agreed and assigned configuration task completed by Mainstay Digital technical support team members. These can include, and are not limited to, custom software installations, MySQL configuration, firewall rule configuration, hardware firewall geo-blocking, configuring resources limits, modifying PHP extensions or installing, configuring or removing server applications.
1.7. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Client has signed up to use. This can include, but is not limited to,the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, SMS services. These product(s) and service(s) are identified in full within the emails Mainstay Digital has sent the Client after. The specific details of the Services can be found on the Mainstay Digital website or in supplied PDFs.
1.8. “Mainstay Digital” means M.N.E.M Holdings Pty Ltd, ABN 63 627 127 100
2.2. The Client acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.
Unacceptable Content and Material
3.1. The Client may not publish, transmit, distribute or store any content or material on Mainstay Digital’s servers or network that Mainstay Digital believes:
- Constitutes child pornography;
- Is excessively violent or incites, threatens or implies violence;
- Contains harassing content or hate speech;
- Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state;
- Is defamatory or violates a person’s privacy;
- Creates a risk to a person’s safety, health or security;
- Compromises national security or interferes with an investigation by any law enforcement agency;
- Improperly exposes trade secrets or any other confidential or proprietary information of another person or business;
- Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents;
- Clearly infringes on another person or businesses trade mark, patent or property;
- Promotes illegal drugs or violates import or export laws;
- Relates to illegal gambling or firearms trafficking;
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Client or to Mainstay Digital;
- Is otherwise malicious, fraudulent, or may result in retaliation against Mainstay Digital by offended viewers.
4.1. Web hosting Services may not be used for the following purposes:
- For storage of backup archives nor any data which is not directly related to and accessible through the website itself.
4.2. Services, including but not limited to shared cPanel web hosting Services, Dedicated Email hosting Services, VIPBuilder services, Virtual Private Servers (VPS) and Fully Managed VPS, may not be used for any of the following activities:
- IRC scripts or bots;
- Proxy scripts or anonymous browsing utilities;
- Image or file hosting scripts (similar to Photobucket, Rapidshare, etc);
- IP scanners;
- Pirated software or “warez” sites;
- Banner advertisement services;
- Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes);
- Hacker focussed sites, archives or programs;
- Sale of any controlled substance without having the appropriate permits;
- Sites promoting illegal activities;
- Any game servers (such as Counter Strike, Half Life, etc);
- Any VoIP service primarily associated with game server communities (such as TeamSpeak);
- Any other purpose that Mainstay Digital have deemed as unacceptable.
5.1. The Client acknowledges that they are solely responsible for what is hosted from and stored in the Service.
5.2. The Client agrees to keep all PHP scripts up to date with the latest release or stable versions as directed by the publisher or developer. Failure to do this may result in security vulnerabilities leading to your Service being compromised, defaced or destroyed.
5.3. The Client warrants that their Service usernames and passwords will be kept in a safe and secure location at all times, and that they will not use dictionary words or consecutive strings as a password.
5.4. The Client agrees to keep all file and folder permissions set correctly. If you are unsure of what permissions should be set, please contact us.
5.5. Clients are required to:
- Ensure their website(s) are secured as soon the Service has been provisioned by Mainstay Digital;
- Install firewall software;
- Perform security audits and updates of system software on a regular basis;
- Change the root password on a regular basis;
- Perform any other maintenance that is required on the website
Excessive Resource Usage
6.1. CPU core, RAM allocations, I/O usage, Processes and inodes count limits apply to all web hosting Services. Any Service which exceeds these limits will automatically display a “503 Service Temporarily Unavailable” message to all visitors until the resource usage falls below the assigned limits.
6.6. Mainstay Digital reserves the right to suspend any Service(s) utilising excessive network resources, and reserves the right to charge excessive usage fees for excessive usage. Mainstay Digital may make reasonable attempts to notify the Client at the time of suspension, however, notification is not guaranteed and the Client should ensure they are compliant with all policies at all times.
Spam and Bulk Email
8.1. The Client warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam).
8.2. The Client may not use any purchased email list for individual or bulk email sending.
8.7. The Client warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list.
8.8. The Client warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003, the United States CAN-SPAM Act 2003 and any other relevant
Spam-related legislation that may be created or amended from time to time.