Last Modified: May 7th, 2018
This Acceptable Use Policy (“AUP”) it applies to you if you are a client or user (“you”). It is intended to ensure that your use of the service is trouble free and that you have due regard to the law and the needs of other users. Please read it carefully. It is a condition of your use of our service that you comply with the terms of the principles that govern the use of services provided by Local Hosting Services Pty Ltd (“Pitch Hosting”).
Pitch Hosting reserves the right to revise the AUP from time to time and shall place such revised policy on its website at least thirty (30) calendar days before it becomes effective. customer’s continued use of Pitch Hosting’s service(s) shall constitute continued acceptance of this acceptable use policy.
General principles
Pitch Hosting is not responsible for the content of user originated traffic. We exercise no direct supervision or control whatsoever over the content of the information passing through our network. We do not assume any responsibility for information not sent or authorised by us. The responsibility for traffic that does not conform to this policy and all possible consequences lie with the sender of the traffic.
You are responsible for use of your account If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.
You are responsible for complying with conditions of use of other networks if we provide you with access to a network outside our service you must comply with any acceptable use conditions which apply to that network.
Customer acknowledges and agrees that it is a violation of this AUP for its services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of Pitch Hosting systems or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of customer’s actions or those of a third party over which the customer has no control.
Acceptable uses
You have responsibilities. It is your responsibility to: use our service and services in a manner which does not violate any applicable laws or regulations; respect the conventions of the newsgroups, lists and networks that you use; respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service; respect the privacy of others; use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.
Unacceptable Uses
You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws.
Specific kinds of use are not allowed. It is not acceptable to use our service to, amongst other things: violate copyright or other intellectual property rights; illegally store, use or distribute software; to transmit threatening, obscene or offensive materials; engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language; misrepresent or defame others; commit fraud; gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet; damage, modify or destroy the files, data, passwords, devices or resources of Pitch Hosting, other users or third parties; use or store pornographic content; use the Pitch Hosting for vicious or malicious purposes; run any form of auto-responder or “spam”; engage in misleading or deceptive on-line marketing practices; conduct any business or activity or solicit the performance of any activity that is prohibited by law; make an unauthorised transmission of confidential information or material protected by trade secrets; or attempt to do any of these things.
Impersonating any person or entity, including, but not limited to, a Pitch Hosting employee, or falsely stating or otherwise misrepresenting customer’s affiliation with a person or entity. (e.g., “Phishing”)
Disruption of the network is not allowed. You may not use the service to interfere with or disrupt the use or enjoyment other network users, services or equipment. In particular, for example, you must not: distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (‘spamming’); send unsolicited commercial messages; receiving customers through links on unsolicited commercial messages; propagate computer worms, viruses and other types of malicious programs; make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers; and harass or impersonate Pitch Hosting or other users. This shall include excessive use of services which impair the fair use of other Pitch Hosting customers.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “hacking”).
You are not permitted to use or cause the Services to store or process sensitive or otherwise regulated personally-identifiable information such as Protected Health Information (as that term is defined under the HIPAA Act), cardholder data that is protected under the PCI DSS (including, but not limited to, credit or debit card data), or other financial data (such as bank account details). You acknowledge and agree that we cannot be responsible for any liabilities arising from your violation of this restriction.
Soliciting subscribers to other services is not allowed. It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive information services.
Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Internet Relay Chat; Videos. You may not use, or provide, open proxies or Internet Relay Chat. Additionally, you may not use the Services for video streaming.
Using Pitch Hosting services for a purpose other than personal or legitimate business website hosting, purposes disallowed are including, but not limited to, an online backup or storage, or mirroring mass downloads, forwarding users to a website that, if such website was hosted by Pitch Hosting would violate the provisions of this AUP.
Enforcement
What we may do to ensure that this policy is being followed
We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed. If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offence or inhibit the enforcement of this policy.
We will make an effort to contact you. If we become concerned that your use of our service may break the law or that you have not complied with this policy, we will attempt to contact you before taking action.
We may terminate your account and/or notify the authorities. If Pitch Hosting determines in its sole discretion that your use of the service may break the law or that you have violated the AUP, we may: warn you by email; suspend your access to the service; terminate your account without notice; delete content, and/or notify and provide relevant information to the authorities; or take any other appropriate action with regard to the services.
Pitch Hosting reserves the right to take such actions without notice to customer.
Pitch Hosting in no way endorses customer’s website or deems the website content to be suitable under the terms of this AUP.
The customer acknowledges that when the services are suspended; terminated and/or deleted there will be no remediation or refunds of the fees paid.
In the event of taking action, we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion. The customer agrees that Pitch Hosting shall under no circumstances be held liable on account of any action Pitch Hosting takes.