Acceptable Use Policy

When you create your Zentua Pty Ltd Hosting account, you join two communities. The first community is that formed by our network and our customers. The second community is the one made up of all hosts and users connected to each other around the globe to form the Internet.

Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. The purpose of the Zentua Pty Ltd Acceptable Use Policy (the "Usage Policy") is to

  • comply with all existing international, federal and state laws
  • ensure reliable service to our customers by protecting the network security, network availability, physical security, customer privacy, and other factors affecting the Services provided by Zentua Pty Ltd. Zentua Pty Ltd reserves the right to impose reasonable rules and regulations regarding the use of its Services provided to all Customers and such rules and regulations are subject to change without notice.
  • Maintain our reputation as a responsible service provider - Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

1. ACKNOWLEDGEMENT

You must accept the terms of this Agreement in order to use the Hosting Services ("Services") provided by Zentua Pty Ltd.

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE POLICIES CONTAINED HEREIN AS WELL AS THE ZENTUA PTY LTD TERMS OF SERVICE INCORPORATED BY REFERENCE.

Zentua Pty Ltd reserves the right to change or modify any of the policies contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Zentua Pty Ltd Web site (the "Site"). Your continued use of Services following Zentua Pty Ltd 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

The Zentua Pty Ltd Terms of Service Policy (the "TOS") is available at from http://www.zentua.com.au/policy/tos.

ZENTUA PTY LTD RESERVES THE RIGHT TO REFUSE, TERMINATE OR SUSPEND YOUR SERVICE WITHOUT NOTICE UPON VIOLATION OF ANY SECTION OF THIS ACCEPTABLE USE POLICY. NO CREDIT WILL BE ISSUED FOR ANY OUTAGES RESULTING FROM SUSPENSION OF SERVICE OR TERMINATION OF SERVICE. YOU AGREE TO IMDEMNIFY ZENTUA PTY LTD AND ITS AFFILIATES AGAINST ANY CLAIMS THREATENED OR BROUGHT BY THIRD PARTIES AS A RESULT OF YOUR VIOLATION OF THIS ACCEPTABLE USE POLICY. OUR FAILURE TO ENFORCE THIS POLICY, FOR WHATEVER REASON, SHALL NOT BE CONSTRUED AS A WAIVER OF OUR RIGHT TO DO SO AT ANY TIME.

Reports of activity in violation of this policy may be sent via e-mail to abuse (at) zentua (dot) com (dot) au

2. SPAM, Junk E-Mail and Unsolicited Commercial Email (UCE)

Zentua Pty Ltd takes SPAM, Junk E-Mail or UCE very seriously. Spam, Junk-mail and UCE are defined as the sending of the same, or substantially similar, unsolicited electronic mail messages, commercial or otherwise, to more than one recipient. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. A message is considered to be unsolicited if it is sent to a recipient who has not requested it or if it is posted in violation of a newsgroup charter. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Zentua Pty Ltd whether or not the message actually originated from the Zentua Pty Ltd network.

Zentua Pty Ltd's SPAM and UCE rules also apply to mailing lists, list servers, or mailing services you may contract with. An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

The running of an open relay mail server is strictly prohibited. We monitor our network for mail servers configured as open relays. Zentua Pty Ltd reserves the right and has absolute discretion as to the acceptability of the configuration of your mail server.

If your actions have caused Zentua Pty Ltd mail servers or Zentua Pty Ltd IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the Internet, you will be assessed a $500 charge to your account and $250 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Zentua Pty Ltd may immediately take corrective action, including, but not limited to:

  • A warning via email or phone
  • Blocking of outgoing mail of all virtual dedicated machines in use by offending user
  • Suspending or Terminating the Service
  • $500 fee charged to your account

3. Customer Conduct

Any Service provided by Zentua Pty Ltd may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Zentua Pty Ltd, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

You are expected to execute reasonable Internet etiquette (Netiquette). You will comply with the rules appropriate to any network to which the Zentua Pty Ltd Service may provide access. You should not post, transmit, or permit Internet access to information which you desire to keep confidential.

While using the service, you may not:

  • (a) Restrict or inhibit any other user from using and enjoying the Internet
  • (b) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws
  • (c) Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component
  • (d) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
  • (e) Post, publish, transmit, reproduce or distribute any information which is likely to result in retaliation against Zentua Pty Ltd by offended users. Zentua Pty Ltd reserves the right and has absolute discretion to restrict or remove from its servers any software or information deemed offensive and to suspend or terminate Service

4. Customer Security Obligation

You must use reasonable care in keeping each virtual dedicated server up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your server may result in a security compromise of your server.

Zentua Pty Ltd is not responsible for the security of your virtual dedicated server unless it is under a managed hosting plan, or a security service package has been contracted for with Zentua Pty Ltd.

Any virtual dedicated server found to be compromised which is creating network interference will result in immediate notification to the customer and suspension of Service. This is to minimise any damage to our network or the Internet.

You are solely responsible for any breaches of security affecting any un-managed servers which are under your control.

You are required to implement a strong password/ssh key authentication system on any virtual dedicated server provided to you by Zentua Pty Ltd.

If you believe the security of your account or any virtual dedicated server has been compromised in any way, you will notify Zentua Pty Ltd immediately by email to support (at) Zentua Pty Ltd.

The cost to resolve any damage to your server or any other servers affected due to the compromise of your server will be charged to your account. The labour charge for recovering from a security compromise is $450 AUD per hour.

5. Network

IP Address Ownership - Each virtual dedicated server is granted use of ip address(s). They are always under the control of our network provider(s), and are not transferable to you at any time. Any attempt to use ip address(s) other than those assigned to you may result in suspension or termination of your account.

System and Network Security - Attempting to violate the security of any server, virtual or otherwise, or other device connected to the Zentua Pty Ltd network is strictly prohibited. Violations of system or network security may result in civil or criminal liability. Zentua Pty Ltd will investigate any occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any customers who are involved in such violations.

These violations include, but are not limited to:

  • Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to:
    • (a) Logging into any account, or any server, virtual or otherwise, or other device or attempting to do the same, which you are not authorised to access
    • (b) Attempting to probe, scan or test the vulnerability of a system or network including but not limited to port scanning
    • (c) Performing any action related to accessing or intercepting data of which you are not an intended recipient
    • (d) Performing any action related to obtaining services to which you are not entitled or authorised
    • (e) Introducing any form of malicious program into the network or server. (e.g. viruses, worms, Trojan Horses and other executables intended to inflict harm)
    • (f) Running of open relay mail servers, open proxy servers of any type, IRC servers, IRC bots, and Mush/Moo/Mud servers are strictly forbidden

    For purposes of this section, a "disruption" includes, but is not limited to:
    • (i) interfering with or denying service to any user (e.g. denial of service attack or distributed denial of service attack)
    • (ii) Ping flooding
    • (iii) Tcp/udp flooding
    • (iv) E-Mail bombing
    • (v) Any form of packet/IP spoofing and forged routing information. This includes but is not limited to the forging any TCP/UDP/ICMP/IP packet header or any part of the header information
    • (vi) Forging of any header information in any E-Mail or newsgroup posting

Violators of the policy are responsible, without limitations, for the cost of labour to correct any and all damage done to the operation of the network and/or business operations of the Zentua Pty Ltd network. The labour charge for recovering from a security breach is $450 AUD per hour.

6. Support

Zentua Pty Ltd provides 24 x 7 support to all customers via our Support Ticket system regardless of whether you have an un-managed or managed hosting package.

Support for our un-managed hosting plans via our Help Ticket System is limited to issues related to your virtual dedicated server or cluster in its physical functioning only. Zentua Pty Ltd does not offer nor is obligated to provide technical support for application specific issues such as software configuration, php/cgi programming, html or any other such issue inside of your actual virtual dedicated server(s). Furthermore, server and Linux administration of the virtual dedicated server is not the responsibility of Zentua Pty Ltd. You are responsible for the management and administration of your virtual dedicated server(s).

Support for our Managed hosting plans includes 1 hour of technical support per month per server. Technical support including server and Linux administration support is provided via our Help Ticket System for these accounts.

Zentua Pty Ltd is under no obligation to provide technical support for YOUR customers under any circumstances.