This Acceptable Use Policy applies to all users of Openhost's network, servers and systems and is supplementary to any additional service agreements.
In this document, unless the context requires otherwise:
"Openhost", "us", "we" and "our"
means Umbrellar Limited trading as Openhost.
“users” and reference to “you”
means users of Openhost's network, services and systems, including their affiliates or customers.
Users will be seen to be in violation of this Acceptable Use Policy when they (or their affiliates or customers) engage in any of the following prohibited activities;
1.1 Users may not use Openhost's network, servers or systems in order to transmit, distribute or store material, or in any other manner
(a) in violation of any applicable law,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or
(c) that is obscene, threatening, abusive or hateful.
1.2 Pornography and sex-related merchandising and content are prohibited on all servers. This may include content with sexual inferences or links to adult content on other sites.
1.3 Any site which sells or promotes Bulk Email services is not permitted.
1.4 Other examples of unacceptable content or links are:
1.5 You must not use your web hosting disk space for electronic storage of archived materials or storage of any files not related to your website.
Any attempts to undermine or cause harm to a Openhost server or any other server on the Internet is strictly prohibited. This includes but is not limited to, using our services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, hacking or other unauthorised access and attempts to penetrate Openhost's or other users’ security systems, or engaging in denial of service attacks. It is also not permitted for any user to engage in activities with the intention of disrupting or interfering with, or that results in the disruption of or interference with, the ability of others to effectively use our services.
You are free to use any CGI scripts provided with your account or to add any additional scripts you require. However, any CGI scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. For the purpose of this clause, "CGI script" includes any script which processes on the server regardless of scripting language. CGI script sharing with domains not hosted by Openhost is not permitted.
Background daemons in general are prohibited.
5.1 Openhost's servers may not be the source, intermediary, or destination address involved in the transmission of spam (unsolicited commercial email), flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.
5.2 We consider spam to be any unsolicited commercial message in the mediums of:
5.3 If you are found to have spammed, then we may immediately, without warning, disable your service. We also reserve the right to refuse or terminate service to known spammers.
5.4 You are permitted to operate bulk mailing lists so long as they use an opt-in process with a clear audit trail and so long as un-subscription requests are honoured promptly.
5.5 The Department of Internal Affairs enforces the Unsolicited Electronic Messages Act 2007. Businesses and individuals are able to lay complaints about spam with the ‘Anti-Spam Compliance Unit’. The Department may investigate these complaints and take the appropriate action. Please see http://www.antispam.govt.nz/ for further details on laying a complaint.
6.1 You must not reproduce, distribute, copy, download, transmit or otherwise exploit any content which infringes any third party intellectual property rights or similar right unless you own or control the relevant rights or have obtained all the requisite licenses and approvals.
6.2 If a copyright owner believes that there has been a violation of his/her copyright on a website that is hosted by Openhost, and the copyright owner wants Openhost to remove the website or disable the material in question, Openhost may remove the offending material if it is satisfied of the legitimacy of the request on receipt of a Notice of Infringement acceptable to us.
6.3 If Openhost deletes or prevents access to a user’s material we know or have reason to believe infringes copyright, we will give notice to the user that the material has been removed or blocked.
7.1 You must not publish words or images which in our opinion are defamatory or likely to be defamatory of any other person or business.
7.2 If a person wishes to make a complaint regarding defamatory content published on a website that is hosted by Openhost, and the complainant wants Openhost to remove the website or offending content, Openhost may remove the offending material if it is satisfied of the legitimacy of the request.
7.3 If Openhost deletes or prevents access to a user’s material we know or have reason to believe is defamatory, we will give notice to the user that the material has been removed or blocked.
Openhost does not monitor its clients' websites or activities to determine whether they are in compliance with this policy. However, if Openhost becomes aware of any violation of this policy it may take any action to stop or correct such violation, including but not limited to, shutting down a website, denying access to services, and removing material. In the event of a violation of this policy, no refund of service fees will be applicable and Openhost will not be liable for any damages, costs, harm or loss suffered as a result of its actions in enforcing this policy.
Openhost reserves the right in its sole and absolute discretion to determine what violates this Acceptable Use Policy.
Openhost may vary this Acceptable Use Policy at any time by general notice on this website and changes will become effective upon publication.
This policy was last updated on 23 September 2015.