SmallPond

• constitutes child pornography;
• constitutes pornography, adult or escort services;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person's privacy;
• creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person's trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to SmallPond; or
• is otherwise malicious, fraudulent, or may result in retaliation against SmallPond by offended viewers;

Unaccepted Materials

SmallPond does not accept material such as:

• Proxy, VPN, Warez, Escrow, High Yield Investment Programs (HYIP), Gambling and Lottery sites or services.

Content "published or transmitted" via SmallPond's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by SmallPond.

* SmallPond can terminate service for any of the above reasons and it's at SmallPond sole discretion to issue a refund

Security

You must take reasonable security precautions including keeping the PHP versions used in your hosting space up to date. You must protect the confidentiality of your password, and you should change your password periodically.

SERVER UPGRADES: From time to time SmallPond Servers are upgraded. This includes SQL and PHP versions. Upgrades sometimes causes problems with very old programs. SmallPond does not accept responsibilty for compatablity issues. You are to ensure your programs are running the most up to date versions.

Bulk Commercial E-Mail

Any kind of bulk emailing is strictly prohibited with shared or reseller hosting. With VPS, Hybrid or Dedicated hosting you must obtain SmallPond's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to SmallPond's reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and SmallPond's requests to produce consent evidence within 72 hours of receipt of the request.
• You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your SmallPond service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your SmallPond service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

SmallPond may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your SmallPond's services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

SmallPond will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the SmallPond network, please send your written notice of copyright infringement to:

support@smallpond.com.au

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SmallPond to locate the material;
• Information reasonably sufficient to permit SmallPond to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

An account is automatically suspended after 16 days from invoice due date if payment has not been made.
An account is terminated (deleted) from the server 60 days from invoice due date if payment has not been made.

Responsibilities

Contents of your hosting space are your responsibility.

• Infected sites containing malicious software will be suspended.
• All programs running on the hosting space must be the most up to date version available.
• Spamming through your hosting space will trigger suspension.

You must have valid and current information on file with your domain name registrar for any domain hosted on the SmallPond network.

Disclaimer

SmallPond is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the SmallPond network.

Inquiries regarding this policy should be directed to support@smallpond.com.au

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to SmallPond and its customers) without express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the SmallPond network.
• Use of SmallPond's network in a way that unreasonably interferes with SmallPond's other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums