Acceptable Use Policy

Revision date: 14/12/2020

As a provider of web site hosting and other Internet-related services, Up There Cloud offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Up There Cloud respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Up There Cloud reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Up There Cloud has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Up There Cloud’s services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Up There Cloud cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Up There Cloud cannot monitor or censor the Internet, and will not attempt to do so, Up There Cloud cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Up There Cloud does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Up There Cloud’ network and may reach a large number of people, including both subscribers and non-subscribers of Up There Cloud, subscribers’ postings to the Internet may affect other subscribers and may affect Up There Cloud’ goodwill, business, reputation or operations. For these reasons, subscribers violate Up There Cloud policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Up There Cloud, but also because it can overload Up There Cloud’s network and disrupt service to Up There Cloud’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Up There Cloud will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Up There Cloud reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Up There Cloud choose to pursue and prosecute.

Audio/Video Streaming
Audio/Video Streaming is not hosting friendly. As such, Up There Cloud does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content
Up There Cloud does not allow adult content and will suspend/terminate any offending account.

Large File Policy
Up There Cloud is not for file hosting and distribution – as such, customers may not host any files larger than 100MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail info@upthere.com.au

Obscene Speech or Materials
Using Up There Cloud’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Up There Cloud is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language
Using Up There Cloud’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups
Up There Cloud reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities
Engaging in activities, whether lawful or unlawful, that Up There Cloud determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Up There Cloud will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Up There Cloud’ policy or applicable law. However, when Up There Cloud becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Up There Cloud.

Up There Cloud is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Up There Cloud’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Up There Cloud does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Up There Cloud reserves the right to directly take action against a customer of its subscribers. Also, Up There Cloud may take action against the Up There Cloud’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Up There Cloud anticipates that subscribers who offer Internet services will cooperate with Up There Cloud in any corrective or preventive action that Up There Cloud deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Up There Cloud policy.

Up There Cloud will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Up There Cloud may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Up There Cloud may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Up There Cloud assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Up There Cloud may disclose subscriber information or information transmitted over its network where necessary to protect Up There Cloud and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Up There Cloud will never sell information to other services or outside companies.

Up There Cloud expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Up There Cloud policy. Finally, Up There Cloud wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Up There Cloud for any violation of the Service Agreement, law or Up There Cloud policy resulting in loss to Up There Cloud or the bringing of any claim against Up There Cloud by any third party. This means that, if Up There Cloud is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Up There Cloud, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Up There Cloud and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to info@upthere.com.au