1. Terms of Service

 

The Acceptable Use Policy (AUP) and TOS may be changed from time to time, usually in relation to a change in the law. Tech Analysis, agrees to furnish services to the Subscriber, subject to the following (Terms of Service) TOS and Acceptable Use Policy  including disclosures. Use of Tech Analysis Service/s constitutes acceptance and agreement of Tech Analysis AUP and TOS.

1.1. Illegal Activities

The AUP & TOS specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that Tech Analysis may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement organisation who makes a written request without further consent or notification to the Subscriber. In addition Tech Analysis shall have the right to terminate all services set forth in these Agreements.

 

2. Legal

 

Tech Analysis abides by relevant communications and criminal legislations/law. The subscriber whether in Australia or not agrees to abide by these same laws. These laws provided at the The Australian Communications Media Authority outlines all the regulations that apply and they can be found at http://www.acma.gov.au/ 

 

The Australian media and communications landscape is diverse and complex. Obligations are placed on industry to ensure the interests of citizens are met, consumers are protected and industry growth is encouraged.

 

This compliance and enforcement policy sets out the Australian Communications and Media Authority’s (the ACMA) broad approach to compliance and enforcement across this landscape:

The ACMA carries out compliance and enforcement activities under the following, plus related legislative and other instruments, including industry codes of practice:

 

1. Broadcasting Services Act 1992

2. Radiocommunications Act 1992

3. Telecommunications Act 1997

4. Telecommunications (Consumer Protection and Service Standards) Act 1999

5. Spam Act 2003

6. Do Not Call Register Act 2006

7. Interactive Gambling Act 2001

 

The Broadcasting Services Act does not make it an offence for a content service provider to host prohibited content. However, IPSs and internet content hosts have responsibilities under the Criminal Code Act 1995. If the Australian Communications and Media Authority (the ACMA) directs a content service provider to prevent access to prohibited or potential prohibited content, the content service provider must comply with this direction and failure to do so may amount to an offence.

 

3. Content hosted in Australia

 

“The ACMA can direct a content service provider to prevent access to prohibited and potential prohibited content. It does this by issuing a take-down notice, service cessation notice or link deletion notice. In the case of prohibited content, a final take-down notice is issued, directing the content service provider not to host the content concerned at any time. In the case of prohibited content, a final notice is issued, directing the content service provider not to provide access to the content concerned. In the case of potential prohibited content, an interim notice is issued, directing the content service provider not to provide access to the content until it has been classified by the Classification Board.

If the ACMA thinks the content is sufficiently serious (for example, child pornography), it refers the matter to the relevant State or Territory police force.” (ACMA Website)

 

 

This Acceptable Use Policy specifies the actions prohibited by Tech Analysis, to users of the Tech Analysis Network. Tech Analysis reserves the right to modify the policy at any time. Posting of the policy can be found on the Tech Analysis Web site. 

 

4. ADULT CONTENT POLICY:

 

1. Tech Analysis's policy is to always operate within the law on a global basis. We do not, however, want to place ourselves in the position of being a content censor and, if we are approached by a provider of legal pornographic content in a country, we will review the account on a case by case basis. Care will be taken to review the impact beyond the local geography, given that some countries have tighter restrictions in this area than others and infringement in these other countries could result in communications access being cut off for Tech Analysis, as a whole. Please contact us if in doubt about any constraints in your country. (Adult Content is only allowed on an Adult Dedicated Server, not on a shared hosting environment)

2. Adult content must be legal adult content and the system and site must be restricted tightly for over 18 or 21years access to the system, depending on which country you are in.

 

 

5. IRC POLICY FOR VIRTUAL AND DEDICATED SERVERS: 

 

Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, Tech Analysis may null-route, filter, suspend, or terminate that Customer’s service.

 

Illegal invasion tactics methods

 

Users must not promote, sell or download pirated software. 

Unauthorised Access – users must have permission to even attempt to access a system

The following are unacceptable and not permitted:

 

Pirated software

Web pages, Files or any other content such as an executable file, image, text that contains viruses, trojans, malware or other illegal entry to a persons system

Anything that can gain access to a system illegally. 

Warez site

 

6. E-MAIL AND ANTI-SPAMMING POLICY:

 

Users may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. 

 

Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to Tech Analysis upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, Tech Analysis will consider the mass mailing to be unsolicited. 

 

Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections (including the actual e-mails and their headers) and provide such records to Tech Analysis upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, Tech Analysis will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. 

 

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site´s mail server to relay mail without the express permission of the site.

 

7. Linking to Sites that promote illegal content:

 

In Australia the laws are very specific with regard to restricting access for under 18 years of Age from viewing Adult content. This means that you cannot link to a site that has adult content which includes images, text, advertising. Nor can you link to a legal site that links to an illegal site or shows adult content.

 

8. Consent and Privacy:

 

You must not publish or send by any electronic means any content that infringes on the privacy of another person or may result or in injury or damage to persons or property. You are not to misuse a persons personal information other than for the purpose it was provided. You must not harrass persons.  Web host resellers must comply with Privacy Act Legislation

 

9. OTHER PROHIBITED ACTIVITIES INCLUDE, WITHOUT LIMITATION, THE FOLLOWING:

 

-Use of Tech Analysis Network for the receipt of replies to unsolicited mass e-mail.

 

-Forgery of e-mail headers (“spoofing”).

 

-Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.

 

-Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.

 

-Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).

 

-Hosting web pages or providing services that support spam.

 

-Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant  messages, or SMS messages.

 

-Instructing others in any activity prohibited by this AUP.

 

If any Customer or any Third Party User that is a customer of our Customer uses Tech Analysis Services, Tech Analysis Network or its physical infrastructure in a manner that causes Tech Analysis to be “blacklisted” or blocked, Tech Analysis reserves the right to (i) suspend permanently or terminate Tech Analysis Services of such Customer and/or (ii) suspend or terminate the access to Tech Analysis services if we receive more than two spam complains within 24 hours (iii) suspend permanently or terminate the access to Tech Analysis Services, Tech Analysis Network or its physical infrastructure by such Third Party User. Operating Tech Analysis Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP. Block Removal – If, as a result of a Customer’s actions, Tech Analysis’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Tech Analysis shall charge Customer $250 upfront and $100 per hour thereafter for any necessary remedial actions.

 

10. NETWORK/SYSTEM SECURITY: 

 

Violations of system or network security are prohibited, and may result in criminal and civil liability and persecution. Tech Analysis will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

 

-Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

 

-Using Tech Analysis, services to collect, or attempt to collect, personal information about third parties without their knowledge or consent is in violation of this AUP.

 

-Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

 

-Use of the Tech Analysis, service for any activity which affects the ability of other people or systems to use Tech Analysis, Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member´s responsibility to ensure that their network is configured in a secure manner. A subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual´s computer system will result in immediate account termination. Tech Analysis, will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

 

-Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system or broadcast attacks.

 

-Forging any TCI/IP packet head or any part of the header information in an email or newsgroup posting originating or passing through Tech Analysis, network or service is in violation of this AUP.

 

11. SOCIAL MEDIA ABUSE:

 

Posting the same or similar message to one or more socal media groups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.