8bits Media Acceptable Use Policy

By submitting an online order form, or by using 8bits Media's hosting service, the Customer hereby agrees to the following Acceptable Use Policy (AUP). The Customer agrees that he or she shall comply with and require its end users to comply with this AUP, 8bits Media's Terms of Service (TOS), 8bits Media's No-Spam Policy (NSP), and 8bits Web Technology's Privacy Policy. In this document, the word "Agreement," with a capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. Introduction, Purpose, and General Terms

1. This Web site gives you the ability to learn about 8bits Media and its products and services as well as the ability to access our network and services ("8bits Media Services"). By using this site, and any other sites or services owned, operated, or provided by 8bits Media, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in the Agreement shall mean the 8bits Media Customer of record.
2. This Acceptable Use Policy is used in conjunction with the terms of service (TOS), the No-Spam Policy (NSP), and the Privacy Policy. Violating any of these policies and agreements grants 8bits Web Technology the authority to take action to restrict or terminate your access to 8bits Web Technology Services. 8bits Media reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any 8bits Media Web site, and any product offerings or programs described on any 8bits Media Web site. Please check back periodically to review any changes to this policy.
3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of 8bits Media ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The purpose of 8bits Media's Acceptable Use Policy (the "AUP") is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by 8bits Web Technology. 8bits Media reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change.
4. In order to maintain an informative and valuable service that meets the needs of the users of this site and 8bits Media Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and 8bits Media reserves the right to revise, amend, or modify the AUP at any time as needed.
5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as 8bits Media deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
6. Violation of any section of the aup is strictly prohibited and may result in the immediate termination or suspension of the services you receive from 8bits media.
7. Any questions or comments regarding the AUP should be directed to 8bits Media by e-mail to the following e-mail address: aup@8bits.com.au.

2. General Prohibitions

You may not use this site or 8bits Media's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the 8bits Media Network, or 8bits Media's Services, or any other party's use or enjoyment of this site, the 8bits Web Technology Network, or 8bits Media's Services.

3. Compliance with Law

Customer shall not use 8bits Media's Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in 8bits Media's sole discretion:

1. violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-Australian law, ordinance, or regulation,
2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"),
3. threatens or encourages bodily harm or destruction of property,
4. harms any person,
5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
6. is posted in violation of a newsgroup charter,
7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer,
8. violates any terms or conditions of any other network access provider or Internet service provider,
9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
12. has a negative effect on 8bits Media or its network (including, without limitation, overloading servers on the 8bits Media Network; causing portions of the 8bits Media Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of 8bits Media, impose an unreasonable administrative burden on 8bits Media; etc.), or
13. violates the prohibition on terrorist content and activities described below.
14. "any activity that-
    1. involves an act that-
    2. is dangerous to human life or potentially destructive of critical infrastructure or key resources; and
    3. is a violation of the criminal laws of Australia or of any State or other Australian territory ; and
    4. appears to be intended-
    5. to intimidate or coerce a civilian population;
    6. to influence the policy of a government by intimidation or coercion; or
    7. to affect the conduct of a government by mass destruction, assassination, or kidnapping."
15. You may not use 8bits Media's services to do
    any of the following acts by any means:
16. engage in terrorism,
17. solicit any other individual or organisation to engage in terrorism,
18. conspire with any other individual or organisation to engage in terrorism,
19. help any other individual or organisation to engage in terrorism.

4. System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from 8bits Media. 8bits Media investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.

You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach the security of another 8bits Media account or attempt to gain unauthorised access to another network or server.

Examples of system or network security violations include, without limitation, the following:

1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.i of this AUP.
3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.i through 4.iii of this AUP.
5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
6. Executing any form of network activity that will intercept data not intended for the Customer.
7. Circumventing user authentication or security of any host, network or account.
8. Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).
9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
10. Attempting to use or gain unauthorised access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any 8bits Web Technology Services or those of any other party.
11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
13. Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity.

5. Internet Etiquette

The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which 8bits Media may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against 8bits Media by offended users. 8bits Web Technology reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.