1. INTRODUCTION

1.1 This Acceptable Use Policy governs your use of the myblackpanelvan.com Web Hosting Service (“the Service”). It is intended to ensure that your use of the Service is trouble free and that you due regard to the law and the needs of other users.

1.2 This Acceptable Use Policy forms part of your agreement with us for the Service.

1.3 We may change this Acceptable Use Policy at any time without notification.

2. YOUR OBLIGATIONS

2.1 You must abide by the Acceptable Use Policy.

2.2 You must only use the Service for the purposes for which it was designed and offered and not for any other purpose including those stated as unacceptable in this Acceptable Use Policy.

2.3 You must not resell the Service unless you receive permission from appropriate myblackpanelvan staff

2.4 You must use the Service in a responsible manner, taking into account the effects your use of the Service may have on other users of myblackpanelvan PTY LTD Services.

3. ACCEPTABLE USE

3.1 It is acceptable to use the Service for the purposes for which the Service is provided and in compliance with the Acceptable Use Policy and any other applicable laws.

4. WHAT IS NOT ACCEPTABLE USE?

It is not acceptable to use, attempt to use, or allow the Service to be used:

4.1 In a way that results in you or us breaching, or being involved in a breach of a law (including international law);

4.2 In a way that results, or could result, in damage to property or injury to any person;

4.3 To harass, menace or stalk people;

4.4 To cause or allows any person to place on the internet, obtain through the internet or transmit using the internet any of the following:

4.4.1 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

4.4.2 Content which is rated R by the Classification Board. Including but not limited to any form of pornographic material.

4.5 To enable 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;

4.6 To incite discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality;

4.7 To send, display or be otherwise involved in material which is obscene or defamatory or which is, or would be considered by a reasonable person to be, offensive or abusive;

4.8 To engage in any misleading or deceptive business or marketing practice;

4.9 In a way that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

4.10 In a way that infringes our or any other person's rights (including intellectual property rights and moral rights), is a misuse of our or any other person's confidential information; or results in a breach by you of any obligation that you owe to any person;

4.11 To undertake any activity which impedes our ability to provide the Service, making or receiving transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our Service, or its performance for other subscribers, or undertaking acts that waste resources or prevent other users from receiving the full benefit of our Service;

4.12 To solicit subscribers to become subscribers of other competitive services;

4.13 To send illegal spam (Commercial Electronic Messages classified by the Spam Act 2003);

4.14 To provide for or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data belongs to us or anyone else);

4.15 To provide a capability on one of our hosted sites which permits third parties to send illegal spam from one of our servers;

4.16 To access or use our or any one else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

4.17 To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;

4.18 To send electronic chain letters, to manipulate or bypass our content usage limits, send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;

4.19 To undertake activities which cause or may cause third party service providers to place our internet protocol (IP) addresses on a blacklist and/or block those IP addresses;

5. THIRD PARTY COMPLAINT PROCESS

5.1 From time to time, we may receive complaints from third parties ("Complaints") regarding unacceptable uses, allegedly being conducted by you. We will make reasonable endeavours to resolve such complaints by working with you. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to you.

5.2 If we are unable to resolve the complaint by working with you, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise us to provide to third party complainants your relevant contact details.

5.3 You have a right to complain to the Australian Communications and Media Authority(ACMA) about content. If you become aware that a web site hosted by us contains content that may be prohibited by law, you can make a formal complaint to ACMA by contacting them at:

Melbourne Central Office
Level 44 Melbourne Central Tower, 360 Elizabeth Street, Melbourne Vic. 3000
PO Box 13112 Law Courts, Melbourne Vic 8010
Tel: 03 9963 6800
Fax: 03 9963 6899

or through their web site at www.acma.gov.au/

6. THINGS WE MAY DO TO ENSURE THAT THIS POLICY IS BEING FOLLOWED

6.1 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.

6.2 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:

6.2.1 Warn you by email (but we are not obliged to do so);

6.2.2 Suspend your access to the Service;

6.2.3 Terminate your account without notice; and/or

6.2.4 Notify and provide relevant information to the authorities or government departments, as deemed appropriate in the circumstances.

6.3 In the event of taking action under the above clause, we reserve the right to delete any or all of your information, material, software or other content stored on our system at our sole discretion.

6.4 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

6.4.1 Where we are made aware that a court order, judgement, decree, determination or otherwise has been made to the effect that your data is illegal, offensive, objectionable or in breach of a third party's rights; or

6.4.2 If we are directed to do so by the ABA or are otherwise required by law to do so.

6.5 If required we will provide a copy of all data that belongs to you or any data held by www.myblackpanelvan.com pertaining to you as requested by any court, government department, law enforcement agency or other governing body.

6.6 You agree that you will have no claim against us in respect of any action reasonably taken by us in our implementation of the terms of this Acceptable Use Policy, and you indemnify us against any claim by any person arising out of the same.