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Terms Of Use And Privacy Policy
Effective Date: August 1, 2005.
ASB Technologies is committed to providing high quality services at the best prices to its customers. It is important that all of our customers use our services responsibly and courteously. Abusing or disregarding our rules can result in degradation of our servers performance which affects all of our customers. All services provided by ASB Technologies may be used for lawful purposes only.
Transmission, storage or presentation of any information, data or material in violation of any government law (including but not excluding Australian and American laws) 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 or other statute.
You, as the customer, agree to indemnify and hold harmless ASB Technologies from any claims resulting from the use of the service that damages the customer or any other party. The following are examples of unacceptable uses of ASB Technologies services;
1. Unacceptable Content.
All pornographic content and sex-related merchandising is prohibited on all ASB Technologies servers. This includes sites that may infer sexual content or links to adult content elsewhere. ASB Technologies 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 ASB Technologies servers or any other server on the ASB Technologies network.
Links to such materials are also prohibited. Examples of unacceptable content or links:
- Pirated or Copyright infringing software
- Software that violates Australian and American laws (i.e. DMCA)
- "Warez" sites
ASB Technologies will be the sole arbiter as to what constitutes a violation of this provision.
2. Unsolicited emailing ("Spam").
Spamming, or the sending of unsolicited e-mail, from a ASB Technologies server or resource, or using an e-mail address or domain that is maintained on a ASB Technologies service as reference is STRICTLY prohibited. Spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message, passive spamming (promoting a web site hosted by ASB Technologies by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with e-mail without any serious intent to correspond), and subscribing someone else to an electronic mailing list without that person's permission are also prohibited.
It is a violation of our policy to possess on our servers any such software or program that is or may be used for such purposes. Furthermore, if an attempt is made to cause harm to another person's or organization's server, using our servers, your account will be terminated immediately. In addition, any and all information regarding the violation, and your account in general, will be turned over to the proper authorities for prosecution.
ASB Technologies will be the sole arbiter as to what constitutes a violation of this provision. Accounts that are found relaying spam will be terminated immediately and the owner of the account will be charged $200.00 AUD per spam item.
3. Bandwidth Usage ("Overages").
"Overages", or exceeding your monthly bandwidth total, is not tolerated at ASB Technologies, and as such our hosting system automatically suspends your account once you reach your bandwidth limit. If it does, you must either wait for the month to end, or upgrade your account. As a result, we do not charge excess usage fees on our accounts, this allows you as the customer to control your bandwidth usage. The new package can either be an existing package, or one customized for you by ASB Technologies.
ASB Technologies reserves sole discretion on the pricing of custom bandwidth packages. Customers who do not comply with these terms are subject to immediate account termination.
4. Copyright Infringement.
ASB Technologies supports copyright laws, and as such, reserves the right to cancel your account if your site is found to be violating local, national or international copyright laws. ASB Technologies will be the sole arbiter as to what constitutes a violation of this provision. If you have any concerns as to whether your content could be considered a violation of this Agreement, please do not hesitate to contact ASB Technologies.
5. Server Abuse.
Any attempt to undermine or cause harm to a server or customer of ASB Technologies is strictly prohibited and is subject to immediate account termination. ASB Technologies will be the sole arbiter as to what constitutes a violation of this provision. Violators will be prosecuted to the fullest extent of the law.
6. Limitation of Liability.
ASB Technologies shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ASB Technologies services going off-line or being unavailable for any reason whatsoever. Further, ASB Technologies shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ASB Technologies servers.
It is each clients responsibility to keep a working copy of all your files on your hard drive in the unlikely event that your account is deleted or lost. ASB Technologiesshall be the sole arbiter of what is and is not a violation of these acceptable usage policies.
In addition, ASB Technologies reserves the right to terminate an account at any time and for any reason that we feel is prudent and in the best interest of our business. Customers who violate our Acceptable Use Policy (AUP), may, at our discretion, be subjected to account suspension or deletion. Violation of these terms can also result in criminal prosecution in some cases. If your account is cancelled for violations of any of these policies, you will not receive a refund of your monthly/yearly fee.
7. Privacy Policies.
ASB Technologies developed this Privacy Policy as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our clients and partners. The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers' needs.
a. What Information is Collected; How Information is Collected.
1. Credit Card Information. If you choose to purchase products or services from ASB Technologies, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information: - Name - Mailing Address - E-Mail Address - Credit Card Number - Home and Business Phone Number - Other Personal Information (i.e. Mother's Maiden Name)
2. E-Mail Information. In addition to providing the foregoing information, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
b. Web Site Use Information
Similar to other commercial Web sites, our Web site utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
1. How Do We Use the Information That You Provide to Us?.
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards designed to safeguard the security and privacy of our customers' personal information. As a customer, you will be given the opportunity, at least once annually, to notify us of your desire not to receive these offers.
2. What Are Cookies?.
Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. Cookies are small pieces of data that are stored by a user's Web browser on the user's hard drive. Cookies can remember what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user's transactions on related Web pages. This makes it easier for a user to move from Web page to Web page and to complete commercial transactions over the Internet.
3. How Do We Use Information We Collect from Cookies?.
We use Web site browser software tools such as cookies and Web server logs to gather information about our Web site users' browsing activities, in order to constantly improve our Web site and better serve our customers. This information assists us to design and arrange our Web pages in the most user-friendly manner and to continually improve our Web site to better meet the needs of our customers and prospective customers.
Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users to our Web site as they move from one page to another. Web server logs allow us to count how many people visit our Web site and evaluate our Web site's visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you although they do permit us to send focused online banner advertisements or other such responses to you.
4. Sharing Information with Affiliates.
From time to time you may notice offers from outside companies advertised on our Web site. We take measures to select product or service providers that are responsible and afford privacy protections to their customers. However, we cannot make any representations about the practices and policies of these companies.
5. How Do We Secure Information Transmissions?.
When you send confidential personal credit card information to us on our Web site, a secure server software which we have licensed encrypts all information you input before it is sent to us. The information is scrambled en route and decoded once it reaches our Web site.
Other email that you may send to us may not be secure unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as Social Security or account numbers to us through an unsecured email.
6. How Do We Protect Your Information?.
Information Security. We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.
7. Evaluation of Information Protection Practices.
Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.
8. Employee Access, Training and Expectations.
Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.
9. Do We Disclose Information to Outside Parties?
We may provide aggregate information about our customers, sales, Web site traffic patterns and related Web site information to our affiliates or reputable third parties, but this information will not include personally identifying data, except as otherwise provided in this Privacy Policy.
10. What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
11. What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.
Please remember that when you use a link to go from our Web site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites which have a link on our Web site, is subject to that Web site's own rules and policies. Please read over those rules and policies before proceeding.
12. Your Consent
By using our Web site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on our Web site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.
c. Our Policy on Data Collection.
In order to access certain subscriber services and restricted areas (the "Restricted Services") within the ASB Technologies Web site (the "Site"), ASB Technologies requires that you provide certain identifying information (the "Registration Data") listed in the online registration form. This information may include your legal name, address, telephone number(s), e-mail address, subscriber name or "screen name," areas of interest, password used to access Pay services, method of payment, and, if applicable, credit card number. ASB Technologies reserves the right to request any additional information necessary to establish and maintain your account for use of the Pay Services.
8. Confidentiality.
Registration Data is the property of ASB Technologies, subject to and protected by the Electronic Communications Privacy Act. ASB Technologies will not sell, rent, swap, or otherwise disclose your Registration Data to any third party. ASB Technologies maintains a secured area on the Site for transmission of Registration Data, and stores all Registration Data in a private database which is not connected to the Internet.
9. Uses of Registration Data.
Unless you select the "Opt-Out" option as described below, ASB Technologies reserves the right to use your Registration Data to send you information about ASB Technologies, the Site, ASB Technologies products and services, and other topics in which you have indicated an interest.
10. Opt-Out Right.
If you do not wish to receive any special offers or other communications from ASB Technologies, you have the right to select the "opt out" option during the registration process or at any time afterwards. You may "opt out" by clicking on the box marked "I DO NOT WISH TO RECEIVE SPECIAL COMMUNICATIONS FROM ASB Technologies" when you register for an account or at any time afterwards by going to the "Special Offers" area of the Site.
11. User Access to Information Collected.
You may access your Registration Data at any time through the Subscriber services section of the Site. This area is password-restricted for your protection.
12. Lost or Stolen Information.
If your credit card or password is stolen or used without your permission, immediately notify ASB Technologies. Upon notification ASB Technologies will cancel your credit card number and/or password and update its records. You may be unable to access certain services while ASB Technologies processes the credit card and/or password change.
13. Cancellation.
You may cancel your account at any time by sending an e-mail to support@asbtech.com.au. Once ASB Technologies has finished processing the cancellation, ASB Technologies will delete all your Registration Data from its database.
14. No Liability for Acts of Third Parties.
Although ASB Technologies will use all reasonable efforts to safeguard the confidentiality of the Registration Data, transmissions made by means of the Internet cannot be made absolutely secure. ASB Technologies will have no liability for disclosure of Registration Data due to errors in transmission or unauthorized acts of third parties.
15. Use of Aggregated Information.
ASB Technologies reserves the right to disclose to third parties information about Subscriber usage of the ASB Technologies Web site and any related services, including information gathered during your use of the Site. Any information disclosed will be in the form of aggregate data (such as overall patterns or demographic reports) that does not describe or identify any individual user.
16. Updates.
ASB Technologies reserves the right to change or update this Privacy Policy, or any other company policy or practice, at any time with reasonable notice to users of the Site. Any changes or updates will be effective immediately upon posting to the Site.
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