Acceptable Use

Plain English

Content

All services provided by Mooball.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless Mooball.com from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all Mooball.com servers. This includes sites that may infer sexual content or links to adult content elsewhere. Mooball.com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Mooball.com servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

•  Pirated software
•  Hacker programs or archives
•  Warez sites

Mooball.com will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM)

Use of the Mooball.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Mooball.com account.

IMPORTANT NOTICE:

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that You agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Mooball.com is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Mooball.com's policy to terminate the privileges of customers who commit repeat violations of copyright laws

Misuse of System Resources

Any attempt to undermine or cause harm to a server, or customer, of Mooball.com is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or auto responders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service.

Other Activities

Engaging in activities, whether lawful or unlawful, that Mooball.com determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Suspension

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All sub-networks, distributive hosting sites, and dedicated servers of Mooball.com must adhere to the above policies. Please direct any reports of violations of the above policies to support@mooball.com.

Failure to follow any term or condition will be grounds for immediate account deactivation.

 

Acceptable Use Policy

This is Mooball.com's Acceptable Use Policy (AUP). It applies to You if You are a Mooball.com Customer or User ("You"). It is intended to ensure that Your use of Mooball.com's 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 this Policy. Use of Mooball.com Service constitutes acceptance and agreement to Mooball.com's AUP as well as Mooball.com's ToS (Terms of Service)

Please look out for any amendments to the Policy that Mooball.com ("we") might make in the future. From time to time we will make amendments to it by giving You notice of the change and You will then be obliged to comply with the policy as amended.

In this policy we use the following definitions:

Customer means the person or company which has entered into an agreement with Mooball.com for supply of Services whether via Mooball.com's web site or otherwise.

Potentially Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended).

Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended). 

Service means all products and services offered by Mooball.com from time to time, which You use;

Users means users of the Service who have not obtained it as a Customer, but via a Customer who is authorised to resell the Services such as a Mooball.com Partner.

Mooball.com means Mooball.com Pty Ltd (ABN 56 095 562 208)

 

1. SOME GENERAL PRINCIPLES

1.1 Mooball.com is not responsible for the content of traffic:-

(a) We exercise no supervision or control whatsoever over the content of the information passing through our network.

(b) We do not assume any responsibility for information not sent or expressly authorised by us.

(c) The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic;

(d) We accept no responsibility for the consequences of unauthorised breach of our system security such as hacking or denial of service attacks;

1.2 Your Legal Responsibilities. You can view Your legal responsibilities in relation to:

(a) supervising and controlling children's access to Internet content;

(b) procedures which parents can implement to control children's access to Internet content, including availability, use and appropriate application of Internet content filtering software; and

(c) obligations which may exist in relation to Your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation: at either of the following web sites www.iia.net.au; or www.aba.gov.au.

1.3 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.

1.4 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.

 

2.  ACCEPTABLE USES

2.1  You have responsibilities.  It is Your responsibility for Yourself and for others whom You permit or enable to use Mooball.com’s service to:

(a) use our service and services in a manner which does not violate any applicable laws or regulations;

(b) respect the conventions of the newsgroups, lists and networks that You use;

(c) respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;

(d) respect the privacy of others and to observe the provisions of Mooball.com's privacy policy at http://www.mooball.com/tos/privacy

(e) use the service in a manner which does not interfere with or disrupt other network users, services or equipment;

(f)  refrain from acts that waste resources or prevent other users from receiving the full benefit of our services; and

(g) comply with Mooball.com’s Terms and Conditions of supply.

2.2 Use must be ethical.  Your use of our services should be ethical and in accordance with accepted community standards.

 

3.   UNACCEPTABLE USES

3.1 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. You should obtain independent legal advice about Your potential liability for the consequences of the publication of material on a web site or content database.

3.2 Specific kinds of use are not allowed.  It is not acceptable to use our service to do any of the following ("Unacceptable Conduct"):

(a)  send any unsolicited Comm messages or Comm in any form ("SPAM")

(b)  violate copyright or other intellectual property rights;

(c) illegally store, use or distribute software; to transmit threatening, libellous, obscene or offensive materials;

(d) engage in electronic 'stalking' or any other form of harassment such as using abusive or aggressive language;

(e)  misrepresent or defame others;

(f) 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;

(g) damage, modify or destroy the files, data, passwords, devices or resources of Mooball.com, other users or third parties;

(h) engage in misleading or deceptive on-line marketing practices;

(i) conduct any business or activity or solicit the performance of any activity that is prohibited by law;

(j) make an unauthorised transmission of confidential information or material protected by trade secrets;

(k) intentionally omit, forge, delete or misrepresent transmission information including headers, return mailing addresses, Internet protocol addresses;

(l) engage in any activity intended to withhold or mask Customer's, or its if You are an authorised reseller, its User's corporate identity or contact information; or

(m) place on the Internet, obtain through the Internet or transmit using the Internet, Prohibited Content or Potentially Prohibited Content;

(n) place on the Internet, obtain through the Internet or transmit using the Internet any of the following:

(i) Content which is (or would be) classified RC or X by the Classification Board. Such content includes:

- material containing detailed instruction in crime, violence or drug use; - child pornography; - bestiality; - excessively violent or sexually violent material; - real depictions of actual sexual activity; or

(ii) Content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the ABA. Content classified R is not considered suitable for minors and includes:

- material containing excessive and/or strong violence or sexual violence;

- material containing implied or simulated sexual activity;

- material which deals with issues or contains depictions which require an adult perspective.

(o) E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Mooball.com account.

(p) E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Mooball.com service is in violation of this AUP.

(q) Usenet SPAMing: Mooball.com has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

 (r) Unauthorized access: Use of the Mooball.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Mooball.com's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Mooball.com account is subject to immediate termination.

 (s) Copyright or trademark infringement: Use of the Mooball.com service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

(t) Collection of personal data: Use of the Mooball.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

(u) Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

(v) Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

(w) Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on the Mooball.com service is prohibited.  Use of such software could result in suspension of service.

(x) attempt to do any of these things.

3.3 Disruption of the network is not allowed.  In particular, for example, You must not:

(a) distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists ('spamming');

(b)  send unsolicited commercial messages;

(c)  propagate computer worms, viruses and other types of malicious programs;

(d)  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;

(e)  harass or impersonate Mooball.com or other users; and

(f)   You may not use the service to interfere with or disrupt other network users, services or equipment.

3.4 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 services.

3.5 Resale of our services is allowed.  However, any agreements You may form with Your clients, must include all of Mooball.com's current Terms of Service and Acceptable Use Policy conditions and must not violate any of these terms..

4.  THIRD PARTY COMPLAINT PROCESS

4.1 Mooball.com receives from time to time complaints from third parties ("Complaints") regarding Unacceptable Conduct, allegedly being conducted by Customers or their Users. Mooball.com will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints subject of court order or proceedings, or where Mooball.com reasonably believes that it must take urgent action without reference to the Customer.

4.2 Mooball.com's policy is to put the complaining party in direct contact with the party best able to answer the complaint. Therefore, Mooball.com's Customers authorise and direct Mooball.com to provide to third party complainants the relevant Customer's email contact details.

4.3 Mooball.com will take the following steps to deal with third party complaints received by it in relation to a Customer or a User:

(a)  First Notification:

(i) Upon receipt of first notification by a third party of alleged Unacceptable Conduct by a Customer or its User ("First Complaint"), Mooball.com will log a job in Mission Control to the Customer notifying them of the complaint and a brief summary of the particulars ("First Notice")

(ii) Mooball.com will also send a letter or email to the complainant notifying it of Mooball.com's policy and procedures in respect of the Unacceptable Conduct complained of, along with direct contact details for the Customer or its User subject of the complaint.

(b)  Second Notification

(i) If a second complaint is received by Mooball.com in respect of the same or similar Unacceptable Conduct described in the First Complaint, which indicates to Mooball.com that the conduct complained of in the First Complaint is continuing ("Second Complaint"), Mooball.com will send a letter or email to the Customer enclosing a copy of the Second Complaint and request a written explanation to be provided within seven business days as to the Customer's explanation for the complaint and proposed course of action to resolve it.

(ii) If a Customer fails to respond to the second notification within the period stipulated or if Mooball.com is not satisfied with the response, Mooball.com may (1) bill the Customer $750 for its ongoing administrative costs of the dispute; and (2) if it considers the Complaint to be material, suspend or terminate the Customer's service (or the service of the User subject of the complaints) without further notice.

(c)  Third Notification

(i) If Mooball.com receives a third notification after the Second Notice, which indicates to Mooball.com that the activity complained of in the Second Complaint is continuing, Mooball.com will send a letter or email to the Customer ("Third Notice") and require that the activity complained of cease forthwith.

(ii) If within two business days after the date of the Third Notice the Customer has not ceased the activity or shown Mooball.com to its satisfaction that the dispute has been resolved, Mooball.com may without further notice to the Customer terminate or suspend provision of the Service to the Customer until further notice and bill the Customer $1,500 to cover its administrative costs of the dispute.

4.4 Your right to complain to the ABA about content. If You become aware that a Web Site hosted by Mooball.com contains Prohibited Content or Potentially Prohibited Content, You can make a formal complaint to the Australian Broadcasting Authority by contacting them at: ABA, Head Office, Level 15 Darling Park, 201 Sussex Street, Sydney NSW 2000, or through their Web Site at URL www.aba.gov.au.

5. WHAT WE MAY DO TO ENSURE THAT THIS POLICY IS BEING FOLLOWED

5.1 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.

5.2 If we monitor the conduct of Your account we will safeguard Your privacy subject to the terms of our privacy policy.

5.3 We may suspend or terminate Your account and/or notify the authorities. If we believe that Your use of the service may break the law or that You have not complied with this policy we may:

(a)  warn You by email (but we are not obliged to do so);

(b)  suspend Your access to the service;

(c)  terminate Your account without notice; and/or

(d)  notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

5.4 In the event of taking action under 5.2 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. 

5.5 We may in our absolute discretion and without notice to You suspend or terminate Your access to the service:

(a) where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party's rights; and

(b) if we are directed to do so by the ABA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended).

5.6 You agree that You will have no claim against Mooball.com in respect of any action reasonably taken by Mooball.com in its implementation of the terms of this Acceptable Use Policy, and You indemnify Mooball.com against any claim by a User arising out of the same.

6. SECURITY

6.1 You are responsible for any misuse of Your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, You must take steps to ensure that others do not gain unauthorized access to Your account. In addition, You may not use Your account to breach security of another account or attempt to gain unauthorized access to another network or server.

(a) Your password provides access to Your account. It is Your responsibility to keep Your password secure.

(b) Sharing Your password and account access with unauthorized users is prohibited. You should take care to prevent others from using Your account since You will be held responsible for such use.

(c) Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

(d) You must adopt adequate security measures to prevent or minimize unauthorized use of Your account.

(e) You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for You, logging into or making use of a server or account You are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

(f) You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

(g) Users who violate systems or network security may incur criminal or civil liability. Mooball.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

7. NETWORK PERFORMANCE

7.1 Mooball.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of Your account.

7.2 You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Mooball.com systems or networks. Mooball.com reserves the right to terminate or limit such activities.