This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Pukunui Technology governing the use by the Customer (“Customer”) of the Pukunui Technology’s services and products (“Services and Products”). The purpose of Pukunui Technology’s Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Pukunui Technology. Pukunui Technology reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at https://pukunui.com/policy-acceptable-use/ The AUP is not an all inclusive exhaustive list and Pukunui Technology reserves the right to modify the AUP at any time as needed, effective upon either the posting of the modified AUP to https://pukunui.com/policy-acceptable-use/ or notification to the Customer via email. Acceptance and execution of the Hosting Services Agreement and/or a support services agreement binds all parties to Pukunui Technology stated AUP at the time the contract is executed and as modified from time to time. Any violation of the AUP may result in the suspension or termination of Customer account(s) or such other action as Pukunui Technology deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.

Any questions or comments regarding the AUP should be directed to info@pukunui.com.

Compliance with Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of Pukunui Technology (i) is in violation of any local, state, federal or non-Australian law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Pukunui Technology investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

• Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
• Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
• Executing any form of network activity that will intercept data not intended for the Customer’s server.
• Circumventing user authentication or security of any host, network or account, including “cracking”.
• Interfering with or denying service to any user, host, or network other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
• Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
• Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.

Internet Etiquette

Each Customer is expected execute reasonable Internet etiquette (Netiquette), the accepted behaviour and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Pukunui Technology may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Pukunui Technology by offended users. Pukunui Technology reserves the right to refuse or terminate service at any time for violation of this section.

Child Pornography

Pukunui Technology will cooperate fully with any criminal investigation into a Customer’s violation of the Family Law Act of 1975 and any other relevant piece of legislation concerning child pornography. Customers are ultimately responsible for the actions of their clients, and will be liable for illegal material posted by their clients.

Child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations will be reported to the relevant state, federal or international authorities.

Hosting Policy

Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:

• Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
• Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
• Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
• Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
• Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted.
• Spamvertised Sites. Hosting web pages advertised by spam sent from another network (“spamvertised”) is not permitted.

Email Policy

Email Spam: Pukunui Technology has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Pukunui Technology whether or not the message actually originated from our network.

Block Removal: If Customer actions have caused Pukunui Technology mail servers or Pukunui Technology IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

• Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
• Header Forgery: Forgery of email headers (“spoofing”) is prohibited.
• Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
• Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Pukunui Technology upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: Pukunui technology’s mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

Fraud Policy

By agreeing to this AUP, Customer affirms that the contact and payment information provided to Pukunui Technology identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.

Suspension and Cancellation

Pukunui Technology will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Pukunui Technology reserves the right to terminate service without notice for any violations of the AUP.

Violations of the AUP will result in the following:

• A warning notification via email, Help Desk ticket or telephone with 72 hours notice for resolution.

72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, or other malicious activity can reduce the notification time frame.

Failure to resolve the AUP violation within 72 hours will result in the following:

• Removal of the violating content or service
• Removal of DNS for the server
• Temporary shutdown of the server
• Block on outgoing mail
• IP address routing to null

Repeat violation of the above terms will result in the following actions.

• Immediate disconnection of service with no re-activation.
• $100 fee assessed to Customer account for violation.

Contact

If you have any questions regarding this policy, or your dealings with our website, please contact ushere:

Pukunui 116 Parry Street, Perth WA 6000