Genesis Multimedia
Acceptable Use Policy

Effective 17th Novemeber 2008.

Genesis Multimedia has developed this Acceptable Use Policy (AUP) to promote the integrity, security and reliability of our services and ensure that you have due regard to the law and the needs of other users. You will be held responsible for your use, the users of your systems, and in the case of resellers, any third party use.

1. Definitions
In this document, unless the context requires otherwise:
"Genesis Multimedia", "We", "Our" or "Us" refers to "Genesis Multimedia", Victorian Business # B1867743K.
"Customer", "You" or "Your" refers to the person or legal entity using the service provided by Genesis Multimedia
Service or Services refers to the provision of web hosting services by Genesis Multimedia to the Customer

"Spam" means:
(a) commercial messages (including any offers, advertisements, promotions to supply goods, services, business or investment opportunities, or if purpose of the message is to assist or enable a person to dishonestly obtain a gain from another person);
(b) sent to recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them; and
(c) delivered via electronic means including email, discussion groups, fax, SMS, MMS and electronic chat messages.

2. General
2.1 Your use of Genesis Multimedia's services constitutes your acceptance of this Policy.
2.2 Genesis Multimedia reserves the right to modify this policy at any time without notice and post changes to this Acceptable Use Policy on our website.
2.3 Changes to the Acceptable Use Policy will become effective upon publication of the notice.
2.4 If you use any Service after publication of any change to the AUP, your use will constitute acceptance of the amended terms.

3. Acceptable Use
Use of Genesis Multimedia's services must:
3.1 Comply with all current laws and regulations, including but not limited to, regulations relating to copyright, license agreements and patents
3.2 Comply with Genesis Multimedia's Terms and Conditions
3.3 Comply with Genesis Multimedia's mail service limits, as specified with each hosting service offered by Genesis Multimedia

4. Unacceptable Use
4.1 By way of example, and not limitation, the following acts are expressly prohibited. The Services should not be used in any way which in the opinion of Genesis Multimedia:
a. Violates local, state, federal, or International Law;
b. Could be considered threatening, nuisance, obscene, indecent, defamatory, threatening or that could otherwise adversely affect any individual, group or entity.
c. Is, or could be considered, deceptive or fraudulent practice.
d. Infringes on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
e. Are designed to violate this AUP, which includes the facilitation of the means to spam by Advertising, transmitting, or otherwise making available any software, program, product, or service, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
f. Breaches, or has the potential to breach, the anti-Spam laws in place in Australia. More information on Australia's Spam legislation can be found at http://www.aca.gov.au/consumer_info/spam/
g. Where the FROM or REPLY TO email address is managed by Genesis Multimedia, or any such actions which Genesis Multimedia deems to potentially compromise or adversely affect service standards.
h. Promotes deceptive and or illegal marketing practices, products or services
i. Deliberately transmits computer viruses, worms, trojan software, or other malicious programs.
j. Interferes with, disrupts, or denies service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
k. Attempts to gain unauthorized entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on someone else's site or network.
l. Attempts to circumvent host or user authentication or other security measures of any host, network or account.
m. Maintains an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
n. Manipulate or bypass Genesis Multimedia's usage limits.
o. Which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you.
p. Make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other customers.
q. Undertake acts that waste resources or prevent other users from receiving the full benefit of our services.
4.2 The following acts are expressly prohibited in relation to Genesis Multimedia's mail services:
a. Harassment including, but not limited to, language, frequency or size of messages.
b. Unauthorized use, or forging, of mail header information.
c. Solicitation of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.
d. Creating or forwarding "chain letters" or other "schemes" of any type.
e. Infringement of mail service restrictions as defined by your services stated limits.
f. Undertake activities which cause or may cause third party service provides to place Genesis Multimedia's IP addresses on a blacklist and/or block those IP addresses.

5. Third Party Complaint Process
5.1 Complaints, from Customers or the Public, can be forwarded in writing to Genesis Multimedia, where you believe there is a potential violation of this AUP. Genesis Multimedia management will review all complaints as quickly as possible and take all necessary actions as deemed appropriate by Genesis Multimedia.
5.2 You have a right to complain to the Australian Broadcasting Authority (ABA) about content. If you discover content on a website hosted by Genesis Multimedia you can make a formal complaint to the ABA via their website (www.aba.gov.au).

6. Enforcement of AUP
6.1 If, in the opinion of Genesis Multimedia, a Customer is found to be in breach of this AUP, Genesis Multimedia reserves the right to:
a. Filter, block, suspend and/or terminate access to the service at any time and without prior notice
b. Notify and provide relevant information to authorities where it is deemed appropriate by Genesis Multimedia.
c. Delete any or all of your information, material, software or other content stored on our system at our sole discretion
6.2 You agree that you will have no claim against Genesis Multimedia in respect of any action reasonably taken by Genesis Multimedia in its implementation of these Policies and you Indemnify Genesis Multimedia against any claim by a User arising out of the same.

© 2008 Copyright Genesis Multimedia

Legal