ACCEPTABLE USE POLICY

This acceptable use policy outlines the conditions under which you (the person, business, or other legal entity that is purchasing our services) and (you, your) use of Shikinet services.

If you have requested, paid for or using any Shikinet services, it will be assumed that you have accepted this policy. Please note that capitalisation of words is to reinforce the importance of certain terms or words.

Please read this policy carefully, it is a condition of your user of the Services, that you agree to and comply with this policy.

Shikinet may change and update this policy at any time.

Terms:

  • Services (as provided my Shikinet including subscription’s and/or or one-time purchases).
  • Your Data (information, data, digital materials, etc.).

Details

You must make sure that all individuals and users that you permit or provide access to use the Services are made aware of this policy and comply with it.

You must always maintain the security of your usernames and passwords.

You are in must abide by all applicable laws (local, state, and federal) including those that impose additional requirements on you, such as those governing the use of Services by minors.

Prohibited Activities, Sites, etc.

The following activities are not permitted without written consent:

  • Unsolicited commercial electronic messaging such as spam
  • Email storage or archives
  • Image and file hosting scripts.
  • File storage or backup facilities that are not able to be accessed by the internet.
  • IP scanner facility or structures.
  • Pirate software websites.
  • Banner advertisement services.
  • Banking, investment, or other related financial sites.
  • Lottery websites.
  • Hacker related sites or associated activities.
  • Sale of any controlled substance without having the appropriate authority and permits.
  • Any illegal activities.
  • Any game servers.
  • Any VoIP services.
  • Software or forms for data transmission through emails without spam controls.
  • Any other site, activity or service that we deem inappropriate or that is illegal.

Prohibited Content

  • Violent (physical, sexual, etc.) or inciting violence.
  • Defamatory material.
  • Privacy misrepresentation of a person.
  • Pornography (Child or otherwise).
  • Promotion or instruction of illegal activities.
  • Intellectual property rights infringement.
  • Transmission of malicious programs, viruses, etc.
  • Fraudulent or deceptive material in line with the Competition and Consumer ACT 2010.

Resource Use

Services must not be used for:

  • sending more than 100 emails/ hour.
  • using excessive amounts of system memory.
  • executing a script that takes up more than 1 hour.
  • running any task that impedes the use of Services by other users.
  • any activity that consumes excessive server resources as determined by Shikinet.
  • running any task that excessively use disk space.
  • running any process which causes MySQL connections to remain open/generates multiple queries.

Overall, Shikinet may at its discretion to terminate any users Services where there is excessive use of resources

without explanation, and/or charge for excessive use.

Breaches

Shikinet will monitor any users’ usage at our own discretion, and in accordance with our privacy policy. We will to the maximum extent permitted by law, decide if you are in breach of this policy.

If we find you in breach, we may suspend or terminate your Services and fulfill any associated legal reporting obligations to authorities as required by law.

Post suspension or termination we will retain a backup of your Data managed by Shikinet for 20 business days. Within this 20-day period, you may request access to the backup copy. After this period, we will delete the backup and you will not be able to recover it.

Liability (Limitation, Indemnity, Loss)

(Liability Limitation) The maximum aggregate responsibility of Shikinet to you for all costs, loss (including consequential loss), or damages incurred by you under or in connection with this policy is limited to $240 AUD, to the fullest extent permissible by applicable law.

(Indemnity) At all times, you agree to defend, indemnify, and hold harmless Shikinet and its employees (collectively, “those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified when such loss or liability was brought on by or contributed to by your organization’s or your employees’: violation of any clause in this policy, as well as any negligent, dishonest, or unlawful conduct or omission.

(Consequential Loss) Unless prohibited by the Competition and Consumer Act 2010, or other applicable laws, Shikinet will not be liable for any incidental, special, or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits, or revenue arising under or in connection with this policy or any goods or services provided by Shikinet.