Acceptable Use Policy

1.1 “Account” means the account held with Digital Guppy by the Customer that is used for billing, contact information and details of the Service(s) assigned to the Customer.

1.2 “cPanel” refers to the shared web hosting Service control panel and “cPanel user” refers to the Customer’s Service on the shared web hosting cPanel server environment.

1.3 “CloudLinux” means server-side software that monitors resources to ensure operation within set limits.

1.4 “Client” or “Customer” refers to any person, partnership, corporation or other legal entity acquiring Services from Digital Guppy.

1.5 “Custom cPanel” refers to the shared cPanel web hosting Services supplied by Digital Guppy. In this policy, references to Custom cPanel apply to shared cPanel hosting, regardless of the package name.

1.6 “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has ordered from Digital Guppy to which this policy applies. This can include, but is not limited to, website hosting, email hosting, domain name registration, transfer or renewal, SSL certificates and auxiliary services. The Services supplied to the Customer are identified in their accepted proposal, order confirmation, service provision emails or service agreement. Specific details are available in the Client Portal or by contacting Digital Guppy.

1.7 “Digital Guppy”, “we”, “us”, “our” and “Company” means Digital Guppy (ABN 54 713 014 534).

1.8 “Digital Guppy Client Portal”, “Client Portal” and “Management System” refers to Digital Guppy’s customer account, billing and management portal, available at https://clients.digitalguppy.com.

2.1 The Customer accepts this Acceptable Use Policy when they accept an order or service agreement that incorporates it. For existing Services, any notice, acceptance or variation requirements in the applicable service agreement continue to apply.

2.2 The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.

3.1 The Customer may not publish, transmit, distribute or store any content or material on servers or networks used to provide the Services that Digital Guppy believes:

1. a. Constitutes child pornography; #
2. b. Is excessively violent or incites, threatens or implies violence; #
3. c. Contains harassing content or hate speech; #
4. d. Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state; #
5. e. Is defamatory or violates a person’s privacy; #
6. f. Creates a risk to a person’s safety, health or security; #
7. g. Compromises national security or interferes with an investigation by any law enforcement agency; #
8. h. Improperly exposes trade secrets or any other confidential or proprietary information of another person or business; #
9. i. Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents; #
10. j. Clearly infringes on another person or business trade mark, patent or property; #
11. k. Promotes illegal drugs or violates import or export laws; #
12. l. Relates to illegal gambling or firearms trafficking; #
13. m. Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or to Digital Guppy; #
14. n. Is otherwise malicious, fraudulent, or may result in retaliation against Digital Guppy by offended viewers. #

4.1 Custom cPanel web hosting Services may not be used for the following purpose:

1. a. For storage of backup archives or any data that is not directly related to and accessible through the website itself. #
2. b. For storage of email data exceeding 5GB in total per service; this total encompasses all email inboxes and additional directories within the cPanel service including the default catchall email account. #

4.2 Services, including but not limited to Custom cPanel web hosting Services, may not be used for any of the following activities:

1. a. IRC scripts or bots; #
2. b. Proxy scripts or anonymous browsing utilities; #
3. c. Image or file hosting scripts (similar to Photobucket, Rapidshare, etc); #
4. d. IP scanners; #
5. e. Pirated software or “warez” sites; #
6. f. Banner advertisement services; #
7. g. Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes); #
8. h. Hacker focussed sites, archives or programs; #
9. i. Sale of any controlled substance without having the appropriate permits; #
10. j. Sites promoting illegal activities; #
11. k. Any game servers (such as Counter Strike, Half Life, etc); #
12. l. Any VoIP service primarily associated with game server communities (such as TeamSpeak); #
13. m. Any other purpose that Digital Guppy management has deemed unacceptable. #

4.3 Any service-management API made available to the Customer as part of the Services may not be used to mass-scrape data for availability checking or any other reason.

4.4 Digital Guppy reserves the right to temporarily revoke access to a service-management API made available as part of the Services to resolve issues with the performance and reliability of the platform.

5.1 The Customer acknowledges that they are solely responsible for what is hosted from and stored in the Service.

5.2 The Customer agrees to keep all PHP and CGI scripts up to date with the latest release or stable versions as directed by the publisher or developer. Failure to do this may result in security vulnerabilities that could compromise, deface, or destroy your service.

5.3 The Customer warrants that their Service usernames and passwords will be kept in a safe and secure location at all times and that they will not use dictionary words or consecutive strings as passwords.

5.4 The Customer agrees to keep all file and folder permissions set correctly.

6.1 CloudLinux CPU core, RAM allocations, I/O usage, Processes and inodes count limits apply to all Custom cPanel web hosting Services. Any Service that exceeds these limits will automatically display a “503 Service Temporarily Unavailable” message to all visitors until the resource usage falls below the assigned limits. Information on the limits assigned to a particular Service can be obtained through the Client Portal or by contacting Digital Guppy.

6.2 For all Custom cPanel web hosting Services, the Customer may not:

1. a. Perform any task that unreasonably consumes server resources, leading to degradation of the shared hosting server environment for other Customers; #
2. b. Perform any task that generates high IO Load; #
3. c. Consume large amounts of system memory; #
4. d. Execute a script which takes longer than 180 seconds to complete; #
5. e. Operate a script which does not close MySQL connections upon completion; #
6. f. Run any server-side or stand-alone processes or daemons; #
7. g. Run any bit torrent applications, trackers or clients; #
8. h. Run any web spiders or indexers; #
9. i. Run cron entries with intervals less than 15 minutes; #
10. j. Use PHP includes that call the full URL instead of a local file (eg. include(http://domainname.com/file.php) instead of using include(“file.php”)); #

6.3 For all Custom cPanel web hosting Services, the Customer must request permission from Digital Guppy and supply a valid reason before using any of the following commands in scripts, SSH or via any other means:

1. a. rsync; #
2. b. tracert, traceroute or traceroute6; #
3. c. ping or ping6; #
4. d. mtr; #
5. e. lynx; #
6. f. ftp; #

6.4 Digital Guppy reserves the right to suspend any service utilising excessive network resources, and reserves the right to charge additional usage fees for excessive usage. Digital Guppy may make reasonable attempts to notify the Customer at the time of suspension, however, notification is not guaranteed and the Customer should ensure they are compliant with all policies. Any additional usage fees must be permitted by the applicable service agreement and law.

7.1 The Customer warrants they will maintain a local or off-site backup of their Service data at all times.

7.2 Responsibility for backups, restoration and data loss is governed by the Customer’s service agreement and applicable law. The Customer remains responsible for maintaining the backup required by clause 7.1. This does not remove any backup, restoration or maintenance obligations Digital Guppy has expressly agreed to perform, or any liability that cannot lawfully be excluded.

8.1 The Customer warrants that they will not knowingly use the Service to send unsolicited email or unsolicited bulk email (commonly known as spam).

8.2 The Customer may not use any purchased email list for individual or bulk email sending.

8.3 Digital Guppy assigns a limit of 1,000 outbound emails per domain per hour on Custom cPanel web hosting services (unless specified). Any Customer who attempts to send more than the allowed amount will receive an undeliverable message for up to one (1) hour after the limit has been reached. All emails over the limit will be discarded.

8.4 The Customer agrees that all mailing list applications, including but not limited to Mailman, will have no more than 4,000 individual email addresses per list per domain.

8.5 The Customer warrants that all mailing lists used are “opt-in” by the recipient and that all recipients have consented to be on the list.

8.6 The Customer warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt out” of the list.

8.7 The Customer warrants that all emails sent, either individually or in bulk, comply with the Australian Spam Act 2003, the United States CAN-SPAM Act 2003 and any other relevant Spam-related legislation that may be created or amended from time to time.

9.1 Any Service(s) that are found to be in breach of this policy but have not caused any known inconvenience to other Customers will result in an email being sent to the Customer asking for changes to be made in order to comply with this policy and two (2) days to make the changes. The Customer is required to acknowledge this email and advise Digital Guppy what actions have been taken to remedy the breach. Failure to comply may result in the Service(s) being suspended without additional warning.

9.2 Any Service(s) found to be in breach of this policy and have caused issues and/or degradation of service for other Customers will result in immediate suspension, followed by an email requesting changes to be made to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach.

9.3 Any Service(s) found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension, followed by an email requesting changes to be made to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach, and a $39.95 re-activation fee has been paid in full.

9.4 Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach will result in immediate suspension followed by an email advising that the Service(s) must be moved to another provider immediately. Digital Guppy will supply the Customer with a backup archive of their files if available, and termination of the service will occur within seven (7) days. If the Customer does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.

9.5 Suspension advisory emails (as detailed in 9.1 to 9.4) will be sent to the nominated account holder’s email address, and the Customer warrants that, in line with the service agreement, this address will be kept current and up to date. We recommend using an externally hosted email address to ensure continued delivery of important service information and notifications.

9.6 The Customer will be solely liable for any fees or charges that Digital Guppy pays to third-party providers to unblock any restrictions they have placed due to the Service(s) operated by the Customer breaching this policy.

9.7 Subject to the Customer’s service agreement and rights that cannot lawfully be excluded, a breach of Digital Guppy’s Terms, Policies and Agreements does not of itself entitle the Customer to a refund. Any refund, cancellation or termination entitlement remains subject to that agreement and applicable law.

10.1 Digital Guppy may amend this Acceptable Use Policy and will make the current version available on our website. Changes take effect subject to any notice, acceptance or variation requirements in the Customer’s service agreement and applicable law. We will give reasonable notice of material changes where practicable; urgent legal or security changes may need to take effect sooner. If the Customer does not wish to accept an amendment, they may request cancellation in accordance with the termination provisions of their service agreement.

10.2 Digital Guppy’s published Terms, Policies and Agreements are available through the Documentation section of our website at https://digitalguppy.com/documentation/.