Rackmill Acceptable Use Policy

VIOLATION OF THIS ACCEPTABLE USE POLICY MAY RESULT IN IMMEDIATE SERVICE SUSPENSION OR TERMINATION WITHOUT PRIOR NOTICE AND WITHOUT REFUND.

1. General Responsibilities

1.1 Customer Obligations

You are solely responsible for:

• All content you furnish to us in connection with the services we provide
• All activity occurring under your account and services
• Ensuring your use complies with all applicable Australian and international laws
• Maintaining appropriate security measures for your account credentials
• Monitoring and controlling access to your services

1.2 Content Review

We reserve the right to review, screen, or monitor content you provide or make available in connection with any services we provide. This right is exercised to ensure compliance with this AUP and applicable laws, but does not constitute an obligation to actively monitor all customer content.

2. Prohibited Activities

The following activities are expressly prohibited when using Rackmill services:

2.1 Illegal Activities

You must not use our services to:

• Engage in or facilitate any illegal activity under Australian or international law
• Violate privacy, data protection, or consumer protection laws
• Infringe upon intellectual property rights, including copyright, trademark, patent, or trade secret rights
• Distribute, store, or transmit content that is defamatory, obscene, or otherwise unlawful
• Engage in identity theft, fraud, or financial crimes
• Facilitate money laundering or terrorist financing

2.2 Network Abuse and Security Violations

You must not:

• Transmit, distribute, or store material containing viruses, worms, trojan horses, root kits, password crackers, adware, or keystroke capture programs
• Conduct or facilitate denial-of-service (DoS or DDoS) attacks against any network, system, or service
• Attempt unauthorized access to data, systems, or networks (hacking, cracking)
• Probe, scan, or test the vulnerability of any system or network without express authorization
• Breach or circumvent security or authentication measures
• Monitor data or traffic on any network or system without express authorization from the owner
• Forge TCP-IP packet headers or any part of header information in emails or newsgroup postings
• Interfere with or disrupt the integrity or performance of Rackmill's services or third-party services

2.3 Spam and Email Abuse

We maintain a zero tolerance policy for spam and unsolicited commercial email (UCE):

• Sending unsolicited bulk email (spam) through our services is strictly prohibited
• Hosting websites or content advertised through spam from other networks is prohibited
• Using our services to collect responses from spam sent via other networks is prohibited
• Maintaining unconfirmed mailing lists or failing to promptly process opt-out requests
• Using harvested or purchased email lists without proper consent
• Email bombing or mail flooding

Violation of this policy will result in immediate account termination and pursuit of any costs associated with the violation.

2.4 Malicious Content and Activities

You must not host or distribute:

• Phishing websites or content designed to deceive users into revealing personal information
• Malware, ransomware, or other harmful software
• Content designed to exploit vulnerabilities in systems or applications
• IRC bots, warez (pirated software), or tools designed for illegal purposes
• Brute force programs, mail bombers, or spam scripts
• Bitcoin miners or cryptocurrency mining software (unless explicitly authorized)
• IP scanners or port scanning tools used for malicious purposes
• Sites or content that facilitate hacking or unauthorized system access

2.5 Adult and Objectionable Content

While Rackmill does not prohibit all adult content, the following are prohibited:

• Content depicting or promoting child exploitation or abuse in any form
• Content depicting non-consensual sexual activity
• Content that facilitates or coordinates sexual encounters between adults without appropriate legal compliance
• Content that is excessively violent, obscene, or otherwise deemed offensive at our sole discretion
• Content obtained through hacking that contains private information or may put people in physical harm

2.6 Resource Abuse

You must not:

• Use excessive server resources that negatively impact other customers or our infrastructure
• Engage in activities that create unreasonable or disproportionate load on our systems
• Run uncontrolled scripts or applications that consume excessive CPU, memory, or bandwidth
• Use services for high-volume cryptocurrency mining without explicit authorization
• Host file storage or mirror services that violate our fair use policies

2.7 Trademark and Copyright Infringement

You must not:

• Host, distribute, or link to content that infringes copyright, trademark, or other intellectual property rights
• Engage in software piracy or distribute unauthorized copies of copyrighted material
• Impersonate or misrepresent affiliation with any person or entity
• Use our services in a manner that violates trademark rights or creates consumer confusion

2.8 Proxy Services and Geo-Restriction Circumvention

Our services are not designed or intended for use as proxy services. You must not:

• Use our services to bypass geo-restrictions or regional content limitations on streaming platforms, websites, or online services
• Operate proxy services, VPN services, or similar services designed to circumvent platform terms of service or geographical access controls
• Use our services in a manner that violates the terms of service of third-party platforms or content providers

This prohibition applies regardless of whether the underlying content access would otherwise be legal in your jurisdiction.

3. Compliance Requirements

3.1 Australian Laws

You must comply with all applicable Australian laws, including but not limited to:

• Privacy Act 1988 (Cth) and Australian Privacy Principles
• Copyright Act 1968 (Cth)
• Spam Act 2003 (Cth)
• Telecommunications Act 1997 (Cth)
• Competition and Consumer Act 2010 (Cth)
• Criminal Code Act 1995 (Cth)
• State and territory laws applicable in Western Australia

3.2 Industry Standards

Where applicable, you must comply with relevant industry standards and best practices for:

• Data security and protection
• Email marketing and communications
• Payment processing and financial data handling
• Healthcare information handling (if applicable)
• Other sector-specific requirements

4. Bandwidth and Resource Usage

4.1 Fair Use Policy

All Rackmill services are subject to fair use principles. While we provide specific resource allocations with each service plan, your use must not:

• Negatively impact other customers' service quality
• Create unreasonable strain on our infrastructure
• Involve sustained maximum resource consumption without business justification

4.2 High Bandwidth Activities

If your usage involves high bandwidth activities such as:

• Video streaming or hosting
• Large file downloads or distribution
• High-traffic websites
• Content delivery services

Please contact us to discuss appropriate service plans and ensure compliance with our Acceptable Use Policy and copyright laws.

4.3 Bandwidth Limits

We may impose bandwidth limits or require plan upgrades for accounts:

• Engaging in high-volume file sharing activities
• Exceeding reasonable resource consumption for their service tier
• Creating performance issues for other customers

5. Data Management and Backups

5.1 Customer Responsibility

You warrant that you will maintain your own local or off-site backup of all service data at all times.

5.2 Rackmill's Backup Services

• For some service types, we may provide backup services for disaster recovery purposes only
• Backups are provided as a courtesy and are not guaranteed
• We are not responsible for data loss under any circumstances
• Backup availability and frequency vary by service type
• You remain solely responsible for maintaining your own backups

5.3 Data Loss Disclaimer

As per our Terms and Conditions, Rackmill will not be held liable for data loss under any circumstances. It is your sole responsibility to ensure that you have backups of all critical data.

6. Third-Party Complaints

6.1 DMCA and Copyright Complaints

We respond to valid copyright infringement notices in accordance with applicable laws. To report copyright infringement, see our Legal Notice for complaint procedures and submission requirements.

6.2 Abuse Reports

We take all abuse reports seriously. If you believe someone is violating this AUP, please report it to:

Email: accounts@rackmill.au

Include as much detail as possible:

• Nature of the violation
• Date and time of occurrence
• Relevant server information, domain names, or IP addresses
• Evidence of the violation (logs, screenshots, email headers, etc.)

7. Enforcement

7.1 Investigation Rights

Rackmill reserves the right to:

• Investigate potential violations of this AUP
• Access and review customer content when necessary to investigate violations
• Cooperate with law enforcement authorities
• Disclose information as required by law or valid legal process

7.2 Enforcement Actions

Upon determining a violation of this AUP, we may take one or more of the following actions:

• Warning: Issue a warning and require corrective action within a specified timeframe
• Suspension: Temporarily suspend service access until the violation is remedied
• Content Removal: Remove specific content that violates this policy
• Service Termination: Immediately terminate services for serious or repeated violations
• Legal Action: Pursue legal remedies and recovery of costs associated with violations

7.3 Repeat Violations

Repeat violations of this AUP will result in progressively more severe enforcement actions, up to and including permanent account termination and potential legal action.

7.4 Immediate Termination

Certain violations may result in immediate termination without prior warning, including but not limited to:

• Spam activities
• Distribution of malware or malicious code
• Hacking or unauthorized access attempts
• Child exploitation content
• Activities that cause significant harm to our infrastructure or other customers
• Illegal activities under Australian law

7.5 No Refunds for Violations

No refunds will be provided for services terminated due to violations of this Acceptable Use Policy.

8. Updates to This Policy

8.1 Modifications

Rackmill reserves the right to update, modify, or change this Acceptable Use Policy at any time. Changes will be effective immediately upon posting to our website.

8.2 Notification

We will make reasonable efforts to notify customers of significant changes to this policy via:

• Email notification to the primary account contact
• Notices posted on our website
• Updates in customer portal

8.3 Continued Use

Your continued use of Rackmill services after changes to this AUP constitutes acceptance of the revised policy. If you do not agree with changes, your sole remedy is to discontinue use of our services.

9. General Provisions

9.1 Governing Law

This Acceptable Use Policy is governed by the laws of Western Australia and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia.

9.2 Severability

If any provision of this Acceptable Use Policy is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

9.3 Contact Information

For questions about this Acceptable Use Policy or to report abuse, contact accounts@rackmill.au.

For complete company information and contact details, see our Legal Notice.

10. Acknowledgment and Acceptance

BY CREATING AN ACCOUNT, ACCESSING, OR USING RACKMILL'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS ACCEPTABLE USE POLICY.

IF YOU DO NOT AGREE YOU MUST NOT USE OUR SERVICES.