1. Acceptence of terms
Neo Industries Pty Ltd ACN 147 104 621 (“we", “us”) operates this website, and provides services under the brands NeoCreative and NeoTheme.
By using this website, registering as a user, or entering into an agreement for services with Neo Industries Pty Ltd in any capacity, you agree to be bound by the following Acceptable Use Policy (AUP), as modified from time to time.
We are committed to providing high quality hosting, web and graphic design services. In order to provide a safe, secure and legal service to you, there are a few restrictions on the way you can use this site and our services.
This Acceptable Use Policy is designed to supplement and support your general standards of good behaviour. Common sense applies. It does not replace your obligations or our rights under any applicable law or regulation.
2. Consequences of Breach
Violation of this AUP may result in the suspension or termination of your account or such other action as we deem appropriate, and we may do so without further warning or prior notice. Violation of this AUP may also breach other contracts you have entered with us.
We do not refund any fees if your account is suspended or terminated for breach of this AUP, unless required by law or a separate contract with you.
3. No Intellectual Property Infringement
You must only upload or post content you are legally entitled to reproduce, publish, or distribute. By uploading or posting content, you warrant that you own or are otherwise legally authorised to distribute the content.
We take allegations of copyright infringement seriously. If you are aware of infringing material, please report it to [email protected].
Content accessible to you through our servers is subject to copyright, trade mark and other intellectual property laws of Australia, and possibly other jurisdictions. You must not use our servers or network in a manner that would infringe, violate, dilute or misappropriate any such rights.
You must not use any domain name in connection with our services, in violation of any trademark, service mark, or similar rights of any third party.
4. General Restrictions
You must not:
- Access or modify any account or personal information of our users without authorisation;
- Access the services through any unauthorised or unsupported interface (e.g. indexing or scraping content or listings);
- Adversely affect or disrupt our services, or the systems of any user in any way, including by virus or malware, spam, denial of service, or any other method;
- Display, upload or facilitate any child exploitation material.
- Obfuscate, obscure, mask or provide false identifying information;
- Promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
- Provide material that is grossly offensive including blatant expressions of bigotry, racism or hatred.
- Provide material that infringes copyright, or provide links to such material, including programs or information used to circumvent copy-protection devices.
- Publish anything that is fraudulent, misleading, or deceptive, including any scam or ‘phishing’ attempt;
- Scan, test, or exploit any security vulnerability, or circumvent any security measure on our system or network;
- Send any promotion, advertisement or unsolicited communication (spam) to, from or via our systems;
- Use the services in violation of any applicable law or regulation.
5. Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, IRC, or any electronic message system on our servers. We take a zero-tolerance approach to spam originating from, or advertising domains hosted on servers under our control.
You must not:
- Send any unsolicited bulk or commercial messages ("spam"), including bulk mailing commercial advertising, announcements, charity requests, petitions for signatures, political or religious tracts. Such messages may only be sent to those who have explicitly authorised you to do so from your domain.
- Forge, alter or remove electronic mail headers. Any domain sending stealth spam will be terminated without warning.
- Send any message reasonable expected to harass or intimidate others, whether through language, content, frequency, or size of the message. A single unwelcome message may be considered harassment under this term. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
- Provide spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware.
The above provisions apply equally to your use of third party spam to advertise a domain or service hosted servers under our control, as if the spam was sent through our servers.
6. Content Restrictions
You must not upload, share, or distribute any files, comment, or link to any material that contains any of the following:
- Any content that is illegal (including any content refused classification) in your country any location our servers are based from time to time;
- Any content that may adversely affect our commercial reputation, brand and goodwill;
- Any virus, malware, trojan, or intentional security vulnerability;
- Child exploitation material, or any promotion of paedophilic activity;
- Materials that instruct, promote, incite or support, or enable any in crime, violence or terrorism;
- Materials that promote, incite or support discrimination or hatred of a person or group;
- Pornographic, indecent or abhorrent content;
- Spam, promotion, advertising or any unsolicited communication.
Any suspected illegal activity may be reported to the relevant authorities.
7. Server Abuse and Usage Restrictions
You must not attempt to undermine or cause harm to any server under our control, or any of our customers or users.
You must not use or attempt to use any other person’s account or computer without authorisation of the owner or account holder. Attempts may include scamming (tricking other people into releasing their passwords), phishing, security scanning etc.
You may not install or operate any SOAP mailer, proxy server, IRC server, client or bot without our prior permission.
You may not install or operate any chat room other than Parachat without our prior permission.
You are free to install use CGI scripts, however the following scripts, services and software are not permitted on any server that we control:
- Egg Drops
- Ikonboard (all versions)
- psybnc (all versions)
- The Anonymizer
- UltimateBBS (all versions)
8. Electronic Commerce
You are solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products comply with Australian law, including without limitation:
(a) the accuracy and appropriateness of content and materials appearing within the store or related to your products,
(b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
(c) ensuring that the content and materials appearing within the store or related to your products are not libellous or otherwise illegal.
9. Release and Indemnity
Subject to any other written agreement with you, to the fullest extent allowable at law, you release and indemnify us, our officers, directors, employees, agents and contractors against any and all losses, costs, expenses and damages, including reasonable legal fees, resulting from your negligence, reckless or intentional misconduct, or breach of this policy.
10. Changes to the Acceptable Use Policy
Technologies and laws change constantly. To maintain a safe, secure and legal service, we reserve the right to modify this Acceptable Usage Policy, by posting a modified version on our website, without prior notice to you. Any such modified version will be effective immediately upon posting on the website.