Acceptable Usage Policy
- The Services are designed for lawful use only. It is your responsibility to fully understand and appreciate the laws of Australia, and the state set out in the paragraph entitled “Choice of Law,” when using our Services.
- Your use of the Services must be reasonable. You may not place excessive burdens on our, or our third party vendors’, CPUs, servers or other resources or interfere with the services we provide to other customers. You may not use excessive bandwidth. You agree that we may place restrictions on your use of the Services to the extent that they exceed the use of the Services by similarly situated customers.
- You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is “server ready” and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Services.
- We strive to maintain a high level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide Services to those that are using our Services for:
- Hacking, which includes, for example, penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
- Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Placing undue burden, whether with intent or not, on our server(s) or network(s), or third party vendors’ server(s) or network(s). You agree that we may place restrictions on, or terminate, services dependent on the extent that they exceed the use of services by similarly situated customers.
- Uploading or linking to any content that violates another’s right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Using the Services for a content delivery network or content distribution network (CDN). An authorised CDN network offered through RackCentral is accepted. Special requests to use the Services to run an unauthorised CDN network may be approved on a case-by-case basis. Failure to comply with this policy will result in termination of this TOS, and you will not receive a refund of the Fees.
- You may not use IRC servers connected to public IRC networks or servers. IRC servers that result in interference with the Services, malicious network activity, or increased demand on our network are prohibited.
- You may not use the Services in any way that violates the laws governing this TOS, or of the jurisdiction in which you reside or where your business is established.
- We retain the right, at our discretion, to refuse to provide new service to any individual, group or business, or to discontinue providing the Services to you if you, or your customers, have excessive, multiple, and/or repeated violations of our accepted uses.
- RackCentral does not allow the camfrog software to be run on the RackCentral servers. Camfrog is being defined as the software downloaded from camfrog.com or other mirror sites.
- We retain the right, at our discretion, to refuse to provide new service to any individual, group or business, or to discontinue providing services if we deem that your services or actions negatively impact the stability of our platforms and/or our ability to provide services to our clients.
- Bandwidth Overages (Dedicated Servers Only). By agreeing to these terms, you understand that we will bill you for bandwidth overages in the amount of $0.20/GB for both dedicated servers and cloud services. Upon request, we will provide you a login for you to track your usage. NOTE: The bandwidth period is from the 24th to the 23rd of the month.
- DMCA Copyright Infringement Information. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others. You must do the same. We may, in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of users who infringe. If we terminate this Agreement for your violation of the DMCA, you will not receive a refund of the Fees. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Our agent for notice of claims of copyright infringement can be reached as follows:
- Copyright Agent
RackCentral Services Pty Ltd
Unit 4/82 Trenerry Crescent
Abbotsford, Victoria 3067
By phone: 1300 722 532
By email: [email protected]