Acceptable Use and Publishing Policy

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1 1. Purpose This Policy outlines the principles, guidelines and requirements of acceptable use of and publishing to ecreators Pty Ltd (ecreators) hosting products and services. The purpose of this Policy is to ensure compliance with all federal, state and local laws coupled with protecting the network security and availability, physical security, clients, their privacy and other factors affecting the hosting products and services provided by ecreators. 2. Scope This Policy applies to all clients and its employees, agents, contractors, learners, customers and any other users of such client who access hosted products and services. The Acceptable Use Policy seeks to impose reasonable rules and regulations of use and publishing that are subject to change at any time as required, by ensuring the most up to date Policy can be found on the ecreators website. Acceptance and execution of the Statement of Work and Maintenance Agreement binds all parties to the Acceptable Use and Publishing Policy (and subsequent iterations) as referenced in ecreators Terms and Conditions. Any violation of the Acceptable Use and Publishing Policy may result in the suspension or termination of client accounts or other actions as ecreators deems appropriate. No credits will be issued for interruption to products and services resulting from Policy violations. 3. Use Users may not: 3.1 Post, transmit, re-transmit or store material on or through any products or services provided by ecreators that is in violation of any Australian or International local, state, federal law or regulation; 3.2 Utilise the Services to send unsolicited to third parties. Without limiting the general application of this rule, Users may not: Send spam (unsolicited mass s) whether commercial or not; Send mass mailings from another service, which in any way suggests ecreators as the sender whether or not the original message originated from the ecreators network; Use Drop Box accounts for the receipt of replies to spam sent from a third party network; Forge headers; ecreators Pty Ltd Page 1 of 5 P01-8/15-R0

2 3.2.5 Participate in sending via third party proxy, aggregation of proxy lists, or installation of proxy mailing software; Configure a mail server to accept and process third party messages for sending without user identification and authentication; 3.3 Utilise the Services in connection with any illegal or inappropriate activity. Without limiting the general application of this rule, Users may not: Utilise the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorisation; Utilise the Services to misappropriate or infringe the patents, copyrights, trademarks, patents, or any other intellectual property rights of any third party; Utilise the Services to post or traffic in illegal drugs, illegal gambling, obscene materials including sexually explicit materials and child pornography or other any products or services that are prohibited under applicable law or are likely to result in retaliation against ecreators; Utilise the Services to export encryption software to points outside the Australia in violation of applicable export control laws; Utilise the services to host, advertise, transmit, store or use data that promotes or facilitates violation of the law or this Policy. Without limiting the general application of this rule, Users may not: Hosting, advertising, transmitting, storing or using any web pages, software, scripts, program, product or other services or resources that details the methodology of committing or facilitating unlawful acts, or acts violating this Policy; Collect addresses, credit card details or other personal information for fraudulent use or sale (Harvesting); Hosting web pages with forwards to, contains scripts or executables for, or any other operation designed to fraudulently collect authentication, credit card details, addresses, or any other personal data (Phishing); Hosting web pages advertised by spam sent from another network (Spamvertised) Utilise the Services in any manner that violates applicable law; 3.4 Utilise the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not: Utilise the Services to publish or disseminate information that: Constitutes slander, libel or defamation; Publicises the personal information or likeness of a person without that person s consent; Otherwise violates the privacy rights of any person; Utilise the Services 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; ecreators Pty Ltd Page 2 of 5 P01-8/15-R0

3 3.5 Utilise the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not: Utilise the Services to cause denial of service attacks against ecreators or other network hosts or Internet users or to otherwise degrade or impair the operation of ecreators and facilities or the facilities of other network hosts or Internet users; Utilise the Services to subvert, or assist others in subverting, the security or integrity of any ecreators systems, facilities or equipment; Utilise the Services to gain unauthorised access to the computer networks of ecreators or any other person; Utilise the Services 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; Utilise the Services to: Forge the signature or other identifying mark or code of any other person; Impersonate or assume the identity or any other person; Engage in any other activity (including spoofing ) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous r ers or Internet nicknames); Utilise the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; Utilise the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); Utilise the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial or spam; Utilise the Services to solicit or collect, or distribute, advertise or promote, address lists for the purpose of encouraging or facilitating unsolicited commercial or spam; Utilise the Services in any manner that might subject ecreators to unfavourable regulatory action, subject ecreators to any liability for any reason, or adversely affect ecreators public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by ecreators in its sole discretion; Utilise the Services in any other manner to interrupt or interfere with the Internet usage of other persons. 3.6 Utilise the Services to post, transmit or permit access to information that the user desires to keep confidential; ecreators Pty Ltd Page 3 of 5 P01-8/15-R0

4 4. Violations 4.1 Disclaimer ecreators expressly disclaims any obligation to monitor its Clients and other Users with respect to violations of this Policy. ecreators has no liability or responsibility for the actions of any of its Clients or other Users or any content any User may post on any Web site. 4.2 Reporting ecreators encourages Users to report violations of this Policy by to: including the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the subject field of the Remedies If ecreators learns of a violation of this Policy, ecreators will respond to the Client and may, in ecreators sole discretion, take any of the following actions, in accordance with the severity and duration of the violation (but is not obliged to do so): Warning the Client Suspending the offending Client from the Services; Terminating the offending Client from the Services; Imposing fees or charges on the offending Client account in accordance with the applicable service schedule or order for service; Removing the offending content; Taking other action in accordance with this Policy, the applicable service contract or applicable law. 4.4 Reservation of Rights ecreators reserves the right to cooperate with relevant authorities in investigations of claims of illegal or inappropriate activity involving ecreators Services, Clients and other Users. ecreators reserves all rights to respond to violations of this Policy to the extent of the law and in accordance with any contractual obligations. ecreators may use all means available to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Client agrees that ecreators is authorised to monitor its communications through ecreators network for such purposes. ecreators reserves the right to suspend or cancel an account holder s access to any or all services provided by ecreators when ecreators decides (at its absolute discretion) that the account has been used in contravention of the Acceptable Use Policy, inappropriately used or otherwise. ecreators Pty Ltd Page 4 of 5 P01-8/15-R0

5 5. Fair Use 5.1 Users Allowance Each account has an allocated limit of monthly users. If this is exceeded on average by a rate of 10% or more over a 3 month period, the client will be advised that they will be required to move to a higher plan. Monthly users are monitored and notice of exceeding user limits. 5.2 Storage Allowance Each account has an allocated storage limit. If this is exceeded on average by a rate of 10% or more over a 3 month period, the client will be advised that they will be required to move to a higher plan. Storage allowances are monitored and notice of exceeding storage limits. 5.3 Bandwidth Allowance Each account has an allocated Bandwidth limit. If this is exceeded on average by a rate of 10% or more over a 3 month period, the client will be advised that they will be required to move to a higher plan. Bandwidth allowances are monitored and notice of exceeding bandwidth limits. 5.4 Excessive Use of Bandwidth When an account is found to be excessively using the resources available, ECreators reserves the right its sole discretion, to suspend that account immediately. This is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Where there is no higher plan available, account holders may be offered an option whereby ecreators continues hosting their account for an additional fee. ecreators Pty Ltd Page 5 of 5 P01-8/15-R0

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