FAIR PLAY POLICY
Shiftreload Acceptable Use Policy
All customers (Customer) of services provided by Shiftreload
(Provider) are bound by this agreement.
This Acceptable Use Policy (AUP) governs the acceptable use of
accounts and
services provided by Provider to Customer. Violations of
this AUP are
subject to penalties, including but not limited to suspension or
revocation
of services provided by Provider, or legal action in extreme
cases.
General
Provider agrees to provide Customer with services agreed upon by
Customer
and Provider. Use of Provider resources (including
machines and network
servers) for illegal activities of any kind, including but not
limited to;
unauthorized use (or attempted unauthorized use) of Provider's
resources
or other machines on the Internet; forging header information or
user
identification information; and software piracy is prohibited.
Provider services are for the sole use of Customer, and may not
be resold
or used by any other person, company, or organization.
Customer agrees
to keep account passwords secret, and to not share them with
other persons,
companies, or organizations.
Cancellation
All Provider
services are "pay in advance". For customers who are not on a contract
(such as hosting, gaming or security products), cancellation requests
must be received in writing or via telephone on our primary contact
number. Services will be cancelled and no refunds for unused periods
will apply.
For customers on a contract (such as Ethernet,
Business Broadband or any other services with a minimum contract
period), cancellation requests must be received in writing or via
telephone on our primary contact number. Provider services will ONLY
be cancelled if the minimum contract period has expired and refunds
for any unused periods will only apply once the services are confirmed
to be terminated and if the customer has paid in advance for the
following calendar month. If the minimum contract period has not
expired, the customer will be liable for the costs of the remainder of
the contract period plus an early termination fee of at least $150
ex-GST.
For any Ethernet or Business Broadband Services,
cancellation will only take effect once confirmation from the Provider
is received that the services have been terminated.
Digital Storage
The Customer agrees
that the term "Unlimited Storage" applies to their
account if the capacity of their storage does not exceed 30%
above
the mean account usage of all other customers. This is
calculated by
assessing and recording storage usage per account across all
Shiftreload
"shared hosting" customers. The Provider reserves the right to
negotiate
a new pricing structure with the Customer if the Customer
exceeds
the mean account usage by more than 30%. The Provider agrees
to allow early termination of the contract if requested by the
Customer
due to this negotiation. The Provider reserves the right to
terminate the contract
if the Customer does not agree to the negotiated terms.
Negotiation may
include Storage based pricing or speed restrictions on the
account to
maintain profitability.
The customer is responsible for all data stored on Shiftreload's
servers and should maintain regular backups of their data.
Shiftreload accepts no responsibility for any content stored on
our servers unless otherwise agreed to by contract with the
customer. Shiftreload will delete all customer content within 5
(five) days of receiving a cancellation request from a customer.
Data Usage
The Customer agrees
that the
term "Unlimited Data Transfers" applies
to their account if the volume of data transferred within a
calendar month
does not exceed 30% above the mean account usage of all other
customers.
This is calculated by assessing and recording data transfer
volume per
account across all Shiftreload and SGN Gaming Server customers, Hosting Customers, co-location, Dial Up or ADSL
customers.
The Provider reserves the right to negotiate a new pricing
structure with the
Customer if the Customer exceeds the mean account usage by more
than 30%.
The Provider agrees to allow early termination of the contract
if requested
by the Customer due to this negotiation. The Provider reserves
the right to
terminate the contract if the Customer does not agree to the
negotiated
terms. Negotiation may include volume based pricing or speed
restrictions
on the account to maintain profitability.
Email
Sending harassing, threatening, obscene or mass unsolicited
e-mail,
forging header information in e-mail, or impersonating other
users by
forging one's email address is prohibited. Use and storage
of programs
designed to send mass unsolicited e-mail is likewise prohibited.
Internet Relay Chat
Use of IRC bots or storing them on Provider's servers is
prohibited.
Security
Use or storage of any programs or scripts which bypass the
security and/or
normal login controls on Provider servers or other network
services on the
internet is prohibited.
Internet Community Guidelines
Customer agrees to abide by common guidelines established by the
internet
community. For example, advertising in most Usenet groups
or email lists
is not allowed, unless the rules of that group or list
specifically allow
for advertisements. Unsolicited bulk email (UBE) is not
acceptable in
any case.
Internet Services
Provider services may not be used to disrupt or interfere with
Provider
services, or with any other network services on the internet.
This
includes unauthorized entry to computers or computing systems,
or
unauthorized modification of a computer program or service.
User also
agrees not to spuriously spawn processes on Provider computer
systems,
or otherwise consume excess memory, disk space, or CPU cycles.
Customer agrees to respect the privacy of other Provider
customers. Use
of an account to view, alter, copy, or remove resources which do
not
belong to Customer is prohibited.
The
customer agrees that a reasonable amount of disk space is
defined by the Provider in reference to the definition of
"Unlimited Storage". Available storage will determine the
definition of unlimited storage at the time the customer
indicates what storage will be needed. If necessary the provider
will increase available storage capacity to allow for the
customer's requirements. The provider reserves the right to
define "reasonable amount" of storage for customer requirements.
Violations
Customer agrees to indemnify and defend Provider for claims or
charges
resulting from Customer use or misuse of services in violation
of AUP,
or material posted or propagated from Customer account.
Violations of this AUP are handled on a per-incident basis.
In the
case of minor violations, Customer must take immediate action to
remedy the situation. In the case of extreme violations,
Provider may
suspend or cancel Customer account(s) without notice.
Provider may monitor Customer actions without notice when
Provider
seeks to determine if Customer may be violating AUP.
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