1. Introduction, Purpose, and General Terms.
- 1.1. This Web site gives you the ability to learn about Winch Websites and its products and services as well as the ability to access our network and services ("Winch Websites Services"). By using this site, and any other sites or services owned, operated, or provided by Winch Websites, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in the Agreement shall mean the Winch Websites Customer of record and Winch Websites Customer's end users.
- 1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Winch Websites ("Business") governing the use by the Customer ("Customer") of the Business's services and products ("Services and Products"). The purpose of Winch Websites' Acceptable Use Policy (the AUP") is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Winch Websites. Winch Websites 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.
- 1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and Winch Websites Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Winch Websites reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to
or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
- 1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as Winch Websites deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
- 1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Winch Websites.
- 1.7. Any questions or comments regarding the AUP should be directed to Winch Websites by e-mail to the following e-mail address
, for issues concerning the AUP.
2. General Prohibitions.
- 2.1. You may not use this site or Winch Websites's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Winch Websites Network, or Winch Websites' Services, or any other party's use or enjoyment of this site, the Winch Websites Network, or Winch Websites' Services.
- 2.2. Adult Content Prohibited.
3. Compliance with Law.
Customer shall not use Winch Websites' Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Winch Websites' sole discretion:
- 3.1. violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-Australian law, ordinance, or regulation,
- 3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"),
- 3.3. threatens or encourages bodily harm or destruction of property,
- 3.4. harms any person,
- 3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
- 3.6. is posted in violation of a newsgroup charter,
- 3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer,
- 3.8. violates any terms or conditions of any other network access provider or Internet Service Provider,
- 3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
- 3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
- 3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
- 3.12. has a negative effect on Winch Websites or its network (including, without limitation, overloading servers on the Winch Websites Network; causing portions of the Winch Websites Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Winch Websites, impose an unreasonable administrative burden on Winch Websites; etc.), or
- 3.13. violates the prohibition on terrorist content and activities described within the Australian Anti-Terrorism Act (No. 2) 2005
4. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Winch Websites. Winch Websites investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach the security of another Winch Websites account or attempt to gain unauthorised access to another network or server.
Examples of system or network security violations include, without limitation, the following:
- 4.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
- 4.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.
- 4.3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
- 4.4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.
- 4.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorised to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
- 4.6. Executing any form of network activity that will intercept data not intended for the Customer.
- 4.7. Circumventing user authentication or security of any host, network or account.
- 4.8. Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).
- 4.9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
- 4.10. Attempting to use or gain unauthorised access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Winch Websites Services or those of any other party.
- 4.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
- 4.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- 4.13. Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which Winch Websites may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Winch Websites by offended users. Winch Websites reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
6. Child Pornography.
Winch Websites will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Winch Websites network, and shall be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act will be reported to the Australian Federal Police.
7. Winch Websites No-Spam Policy (NSP).
- 7.1. Customer shall comply with all the terms and conditions of Winch Websites' No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer's Agreement with Winch Websites.
- 7.2. At Winch Websites, we are committed to providing valuable hosting services to our valued customers.
- 7.3. An important part of Winch Websites' mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as "spam." This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Winch Websites.
- 7.4. To report any spam you receive that identifies itself as coming from the Winch Websites servers or claims to be related to Winch Websites in any way, please send an e-mail message to us at
. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
- 7.5. Definition of Spam.
Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy (the "Policy"), spam is:
- a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
- posted to an electronic mailing list (other than an "opt-in" e-mail list as described below),
- posted on an online bulletin board system or Web-based message board system or "guest book",
- posted to a Usenet newsgroup,
- posted to the common area of an online community, group, or club,
- posted in a chat room,
- posted in a message board of a commercial online service (such as America Online),
- posted to a Weblog ("blog"),
- sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
- sent through e-mail or another Internet means of communication when the message's ultimate destination is a facsimile ("fax") machine, cellular or wireless telephone, or wireless device,
- a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
- a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as "affiliate lists,"
- a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
- a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
- a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of "spam" provided above.
7.6. "Opt-in" E-mail Lists.
Please note: messages sent to "opt-in" e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:
- the messages are sent to an "opt-in" e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
- the messages STRICTLY COMPLY with ALL the requirements and regulations of the "opt-in" e-mail list; and
- upon request of any subscriber to the "opt-in" e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an "opt-in" e-mail list, please be aware that Winch Websites will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.
Furthermore, Winch Websites reserves the right to prohibit "opt-in" e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
7.7. Zero Tolerance for Spam.
Winch Websites will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Winch Websites' services whether or not the message actually originated from our network.
Violation of this NO-SPAM policy will result in Winch Websites taking one or more of the following actions:
- A warning via e-mail or telephone,
- Suspension of your site until furthur notice,
- Removal of DNS for the advertised/originating site, or
- Temporarily blocking outgoing mail from your site.
- Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
- Winch Websites reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Winch Websites Network.
- PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.
7.8 Indemnification of Winch Websites.
You agree to defend, hold harmless, and indemnify Winch Websites from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.
7.9 Mailing Limits
- Budget resellers may not send more than 200 emails per hour per domain.
- Hands-Free & Failover resellers may not send more than 400 emails per hour per domain.
8. Resource Usage.
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.
- Budget resellers may not use more than 1% CPU per domain daily, 3% memory per domain daily, run more than 5 simultaneous processes per domain, allow any process to run for longer than 15 seconds CPU time, run any process that consumes more than 10% of available CPU at any time, or run any process that consumes more than 16 MB of memory. Databases are limited to 8 max user connections per domain with a max query time of 5 seconds per domain. Cron jobs must not execute more than once every hour per domain and will be niced to 15 or greater.
- Failover & Hands-Free resellers may not use more than 2% CPU per domain daily, 3% memory per domain daily, run more than 10 simultaneous processes per domain, allow any process to run for longer than 30 seconds CPU time, run any process that consumes more than 20% of available CPU at any time, or run any process that consumes more than 16 MB of memory. Databases are limited to 16 max user connections with a max query time of 8 seconds. Cron jobs must not execute more than once every 15 minutes and will be niced to 15 or greater.
System resource limits are intended to protect your hosted domains from experiencing any degredation or reduced levels of service or performance caused by runaway scripts, auto processes or programs utilising large CPU and excessive memory resources. Providing you with a stable, reliable and high performing service is of paramount importance. Winch Websites reserves the right to make adjustments to these limits at our sole discretion. If Winch Websites takes corrrective action Customer shall not be entitled to a refund of any fees paid in advanced.
9. No Editing, Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any Winch Websites service is not edited, censored, or otherwise controlled by Winch Websites. However, Winch Websites reserves the right to monitor content on this site and on any Winch Websites servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if Winch Websites, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
10. Export Control Laws.
You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products.
11. International Use.
Winch Websites makes no representation that materials available on this site or any or through any Winch Websites service are appropriate or available for use in locations outside Australia, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Winch Websites from locations outside Australia are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Winch Websites, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer's users that may violate any applicable law.
12. Intellectual Property Rights.
- 12.1. All Winch Websites Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Winch Websites unless otherwise noted. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer's Agreement with Winch Websites or by law, and Winch Websites shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
- 12.2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Winch Websites service. Nothing on any Winch Websites Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Winch Websites by virtue of it being displayed or made accessible on any Winch Websites Web site. Except as expressly authorized, you agree not to use this site or any Winch Websites Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Winch Websites Services.
- 12.3. If you use a domain name or content in connection with the Winch Websites Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
- 12.4. Winch Websites' data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any Australian or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
- 12.5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. Winch Websites will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
13. Customer's Grant of Limited License to Winch Websites; Warranties on Content.
By posting or submitting content to any Winch Websites Web site or server, you:
- 13.1. Grant Winch Websites a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with Winch Websites;
- 13.3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Winch Websites does not and will not infringe or violate the rights of any third party; and
- 13.4. Agree to defend, hold harmless, and indemnify Winch Websites for any claims of any third party resulting from the public posting or use of your content.
14. IP Allocation.
Winch Websites utilise an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by Winch Websites staff or network administrators.
15. Restrictions on Use of Winch Websites Services.
- 15.1. You may not operate Internet Relay Chat ("IRC") servers using Winch Websites' services.
- 15.2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.
- 15.3. You must not use any programs that may or will interfere with another's use of this site or any Winch Websites Services.
- 15.4. You may not run any background processes on the Winch Websites servers, networks, or systems without prior written authorization from Winch Websites.
- 15.5. You may not use any Winch Websites services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network.
- 15.6. You may not host any type of HYIP, autosurf, proxy, or bit torrent on Winch Websites servers.
- 15.7. You may not use any Winch Websites services to make available to third parties for any use other than normal access to that account's Web site.
- 15.8. You may not use our service to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended.
- 15.9. You may not use our service to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting. More information can be obtained in section R1. of our TOS.
- 15.10. You may not use our service as an offsite file storage area for any files. Any use of Winch Websites services is strictly intended for that account's web site only.
- 15.11. Winch Websites reserves the right to add further restrictions to Customers'use of the Winch Websites Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
16. Suspension and Cancellation.
17. Notices Regarding Violations of AUP and Intellectual Property Rights.
- 17.1. The Winch Websites Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by Winch Websites Customers. Winch Websites takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
- 17.2. General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to
. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. Winch Websites will reasonably investigate incidents involving such alleged violations. Winch Websites may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
- 17.3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a Winch Websites subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please contact
All monetary amounts to which this Agreement refers shall be in Australian dollars and include the Australian GST. 19. Revisions.
Winch Websites may revise this Acceptable Use Policy without prior notice. Such changes will be posted at cpanelreseller.com.au. You are responsible for reviewing the online Acceptable Use Policy to stay updated of any changes.