In
General
This agreement is for our Web Hosting Services.
Escape.net.au ("ESCAPE") wishes to provide our
customers with a positive web hosting experience. To accomplish
this all customers need to follow the same rules and guidelines.
These policies are intended to maintain ESCAPE's high quality
level of services and make them available to all our customers on
a fair, consistent and efficient basis.
By accepting web hosting services from ESCAPE, you acknowledge
your acceptance to be bound by these terms and conditions. If you
do not agree to these terms and conditions please follow the
steps described in Cancellation of Service below.
Web Site Content
Our web sites may be used for lawful purposes only.
While using ESCAPE's Services, you may have access to services
that allow you to send or post materials ("content")
and make that content available to others. You must not submit,
publish, or display on our Network any defamatory, illegal,
inaccurate, abusive, obscene, infringing, or threatening content.
In addition, you may not submit, publish or display any content
in violation of any Australian laws. You are solely responsible
for the content you make accessible while using ESCAPE's servers
and networks. You may not use the service to assist any other
person or entity to violate any Federal or State laws or
regulations.
ESCAPE is not obligated to monitor the network for the purpose of
examining customer's content. You hereby acknowledge that if we
are made aware of content that is determined to be, in ESCAPE's
sole discretion, unacceptable, undesirable, offensive, indecent,
obscene, excessively violent or otherwise objectionable, ESCAPE
has the right, but not the obligation, to edit, remove or deny
access to such content. ESCAPE may disclose any content or
records concerning customer's account as required to satisfy any
legal requirement, regulation, government request or court order.
Pornography and sex-related merchandising are expressly
prohibited on ESCAPE servers. This includes implying sexual
content, display of nudity, or any link to adult content anywhere
else. This is also true for sites that promote illegal activity
of any type or content that may be damaging to ESCAPE's servers
or any other servers on the Internet. Links to such materials are
also prohibited. In addition, the sale of or promoting bulk email
services are not allowed.
Non-acceptable
content or links include but are not necessarily be limited to:
Adult Content Sites - Any erotic or pornographic
material, links to adult sites, or advertisements for adult sites.
Pirated Software Sites (Warez) - Any software that is
copyrighted and not freely available for distribution without
cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
Copyright Violations - Violation of copyrights held by
individuals and corporations or other entities can result in
civil and criminal liability for the infringer.
Hacking/Phreaking - Includes sites with material, links,
or resources for hacking, phreaking, viruses, anarchy, or any
type of site that promotes or participates in willful harm to
Internet sites or providers.
System Security
Customers may not use the ESCAPE Networks to attempt in
any way to circumvent user authentication or security of any
host, network, or account. This includes, but is not limited to,
accessing any data not intended for the customer, logging into
any server or account the customer is not expressly authorized to
access, password cracking, probing the security of other networks
in search of weakness, or violation of any other organization's
security policy. Customers may not attempt to interfere or deny
service to any user, host or network. This includes, but is not
limited to, flooding, mail bombing, or other deliberate attempts
to overload or crash a host or network. ESCAPE will cooperate
fully with investigations of violations of systems or network
security at other sites including cooperating with law
enforcement authorities in the investigation of suspected
criminal violations. Users who violate system or network security
may incur criminal or civil liability.
Use of CGI Scripts
ESCAPE accounts come equipped with a pre-configured CGI-Bin.
Customers are free to use any CGI-scripts provided with their
account or add any additional ones they require. If any CGI-scripts
are deemed to be adversely affecting the server performance or
the network integrity, they may be shut down without prior notice.
CGI-script sharing with domains not hosted by ESCAPE is not
allowed.
Excessive Resource Usage
Any web site that uses an excessively high amount of
server resources including but not limited to CPU time, memory
and network bandwidth will be given an option of either upgrading
their service level or reducing the resource used to an
acceptable level.
Programs Running in Background
Background programs are prohibited unless prior approval
is received from ESCAPE. ESCAPE will consider requests on a one
for one basis for approval, extra charges will be assessed based
on resource requirements or system maintenance.
Spamming Not Permitted
You must not use any ESCAPE Network, ESCAPE's equipment or any
ESCAPE email address in connection with the transmission of spam,
flames, mail bombs, or substantially similar unsolicited email
messages. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. This shall
include the sending of unsolicited mass mailings from any other
service that in any way implicates the use of the ESCAPE Network,
ESCAPE equipment or any ESCAPE email address. A message is
considered to be unsolicited if it is posted in violation of a
newsgroup charter or if it is sent to a recipient who has not
requested or invited the message. Simply making one's email
address accessible to the public will not constitute a request or
invitation to receive messages for purposes of enforcing this
provision.
When any customer is found to have been engaged in spamming in
violation of this agreement, ESCAPE reserves the right to disable
that customer's web site without warning. In addition, ESCAPE may
impose a $200 penalty for each spam policy violation. ESCAPE
solely reserves the right to refuse or cancel service to spammers.
ESCAPE reserves the right to determine what violates this policy.
As such, any violation may result in cancellation of services
without refund.
Obscenity
Violation of indecency and/or obscenity laws is not
permitted on ESCAPE's networks and can result in criminal
penalties.
Copyrights and Infringement
Material available to you when using ESCAPE's services
may be subject to protection under Australian or other copyright
laws, or laws protecting trademarks, trade secrets and/or
proprietary information. Except when expressly permitted by the
owner of such copyrights, you must not use the ESCAPE Service in
a manner that would infringe, violate, dilute or misappropriate
any such rights, with respect to any material, that you access or
receive through the ESCAPE Network. If you use a domain name in
connection with the ESCAPE Service or similar service, you must
not use that domain name in violation of any trademark, service
mark, or similar rights of any third party.
Defamation Prohibited
Defamatory speech distributed over the Internet can
result in civil liability for the defamer.
Refusal of Service
ESCAPE reserves the right at its sole discretion to
refuse or cancel service. Violation of any of ESCAPE's Rules and
Regulations could result in a warning, suspension, or possible
account termination. Accounts terminated due to policy violations
will not be refunded.
Cancellation of Service
To cancel services, you must email accounts@escape.net.au
or optionally, fax the notice to 08 9370 4701. Include your
domain name (s) email address, and password for the web site you
want to cancel. We cannot accept cancellation requests over the
phone.
ESCAPE to be Held Harmless
Customer agrees that it will protect, indemnify, save and hold
ESCAPE, an Australian Corporation, harmless from any and all
stipulations, liabilities, losses, expenses and claims, as well
as reasonable legal fees assessed against ESCAPE, its agents,
customers, officers, employees and administration that may arise
or result from any service provided or performed or agreed to be
performed or any product sold by it's customers, agents,
employees or assigns. Customer agrees to defend, indemnify and
hold ESCAPE harmless against liabilities arising out of;
1. any injury to person or property caused by any products sold
or distributed in association with ESCAPE's Services;
2. any material furnished by customer infringing or allegedly
infringing on the proprietary rights of a third party;
3. copyright violation and any defective products sold to a
customer from ESCAPE's Services.
Disclaimer
ESCAPE will not be responsible for any damages your business may
suffer. ESCAPE makes no warranties of any kind, expressed or
implied for services we provide. ESCAPE disclaims any warranty or
merchantability or fitness for a particular purpose. This
includes data loss resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions of any kind
caused by ESCAPE and its employees. ESCAPE reserves the right to
amend or update these policies without notice. Failure to follow
any terms and conditions may result in account deactivation.
Finally, ESCAPE wishes to emphasize that in accepting services,
customers indemnify ESCAPE for the violation of any law or ESCAPE
policy, that results in loss to ESCAPE or the bringing of any
claim against ESCAPE. This means that if ESCAPE is sued because
of activities of the customer that violate any law, or this
policy, the customer will pay any damages awarded against ESCAPE,
plus costs and reasonable legal fees.
Should any portion of this Terms of Use Agreement be found to be
in violation of any law in any locality, then this agreement
shall be deemed to be modified only to the extent necessary to be
considered legal and enforcable in such locality only.
Copyright © 1996/1999, The Ashburton
Group Pty Ltd