Fully Managed Australian Hosting

1. Acceptable Use Policy


This Acceptable Use Policy (AUP) forms part of Your Agreement with Premium Hosting and is intended to protect each of Premium Hosting’s clients from the consequences of misuse of the services, as well as providing specific obligations and rights relating to the use of the services.

Premium Hosting may vary the AUP in accordance with the provisions in the agreement, including by posting the changes on this website.  Premium Hosting may give notice to you by sending an email and such notice does not require a signature.


1.1 SPAM and other Email Abuse
You acknowledge that the sending of unsolicited emails to third parties may be considered to be ‘spam’ and may cause the service to be identified by companies or internet service providers as a source of spam.  This may cause subsequent emails sent by the service to such companies or email addresses using such internet service providers to be blocked by their spam-filtering facilities.  Accordingly, you agree not to send emails to any third party unless:
a.              You have obtained that party’s consent to receive such emails;
b.              You have obtained that party’s contact details from that party in the context of a relationship of supplier and customer (actual or prospective) and offer that party the opportunity to unsubscribe from further emails;
c.               You have obtained that party’s details from a list compiled using best-practice permission-based marketing;
d.              You have complied with all laws concerning the sending of emails, including the Spam Act 2003 (Cth);
e.              You have complied with all relevant industry codes of practice, including the direct marketing code of practice issued by ADMA.
You also acknowledge that older email addresses may be used as “spam traps”, again causing the service to be identified as a source of spam.  Accordingly, you agree to monitor and maintain your mailing lists and will not send emails to any address which have not met condition a., b. or c. within the previous year.
You must not use the Service to send any commercial electronic mail message to any person who has opted out or otherwise objected to receiving such messages.
You must not use the Service to email to distribution lists, newsgroups, or spam or unsolicited email addresses, including where such email addresses have been purchased from a third party or acquired other than through best-practice permission-based marketing.


1.2 Prohibited Content
You must not use the Services to:
a.              provide, sell or offer to sell any of the following products or content (or services related to any of them): illegal pornography; illegal goods including illegal drugs, substances and weapons and pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; or any other products, services or content that it is unlawful to sell or offer to sell in the territory in which the sender or email recipient is located;
b.              display or market material that unlawfully exploits children, or otherwise unlawfully exploits persons under 18 years of age;
c.              provide material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or profanity or includes any obscene, lewd, lascivious, violent, harassing, non-consensual or otherwise objectionable content;
d.              provide material that may be harmful to others, including offering or disseminating fraudulent goods or services, schemes or promotions (including Ponzi schemes, pyramid schemes, bait advertising, deceptive or misleading advertising, phishing or pharming);
e.              disclose personal data or sensitive personal data in breach of the terms of any privacy laws or discloses confidential information in breach of confidence;
f.               engage in any libelous, defamatory, scandalous, threatening or harassing activity that is defined as such within the geographical territory in which the sender or recipient is located;
g.              post any content that advocates, promotes or otherwise encourages violence against any governments, organisations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
h.              provide content, including images, that embody the intellectual property rights (including moral rights) of a third party such as but not limited to authors, artists, photographers or others, without the express written consent of the owner of such rights, or in any way infringe the intellectual property rights (including moral rights) of any third party;
i.               disparage, make fun of or satirise the Premium Hosting name, or any of its products or services; or
j.               use the Service in any manner which may bring Premium Hosting, its Related Bodies Corporate or any of its products or services into disrepute.


1.3 Technology Abuse
You must not:
a.              conduct any activity that may damage, interfere with, surreptitiously intercept or use any system, program or data, including by using viruses, Trojan horses, worms, time bombs, or any other malicious code;
b.              seek or attempt to seek access to, test the venerability of, breach the security of or wrongly challenge the authenticator of, any system, software, data or network without prior written consent of the relevant person;
c.              forge or use deceptive headers or other identifiers or markers that identify the sender, origin, routing or authenticity of any message, system, software, data or network;
d.              connect to any user, any system, software, data or network without prior written consent of the relevant person, including:
·         using monitoring or crawling technology to impair or disrupt any host, system, software, data or network;
·         conducting a denial of service attack or otherwise interfering with any host, system, software data or network (e.g. mail bombing, flooding etc.);
·         operating network servers like open proxies, open mail relays, or opening recursive domain name servers;
·         using manual or electronic means to circumvent use limitations, such as access and storage rights.


1.4 Reporting Abuse
If you become aware of any breach or anticipated breach of this AUP You must notify Premium Hosting immediately via the contact form at www.premiumhosting.co.


1.5 Monitoring and Enforcement
Premium Hosting reserves the right, but is under no obligation to, investigate any potential breach and/or enforce this AUP.  If you are in breach of this AUP Premium Hosting may exercise any or all of the remedies in the Your Agreement with Premium Hosting.  Premium Hosting reserves the right to:
a.              notify the appropriate law enforcement agencies and/or regulators and/or relevant third parties (such as person who alleges ownership of copyright material that you have posted) of any breach or suspected breach of the AUP; and
b.              to assist in the enforcement of the AUP, the Agreement or the law,
and Premium Hosting may disclose your confidential information as part of this process.


2. Security Policy


2.1 Purpose
The purpose of this policy is to establish standards for the base configuration of internal server equipment that is owned and/or operated by Premium Hosting Systems. Effective implementation of this policy will minimise unauthorised access to Premium Hosting Systems server equipment.


2.2 Scope
This policy applies to server equipment owned and/or operated by Premium Hosting Systems, and to servers registered under any Premium Hosting Systems-owned internal network domain. This policy is specifically for equipment on the internal Premium Hosting Systems network.


2.3 Policy

General Configuration Guidelines
Operating System configuration should be in accordance with approved internal guidelines.

  • Services and applications that will not be used must be disabled where practical.
  • Access to services should be logged and/or protected through access-control methods such as TCP Wrappers, if possible.
  • The most recent security patches must be installed on the system as soon as practical, the only exception being when immediate application would interfere with business requirements.
  • Trust relationships between systems are a security risk, and their use should be avoided. Do not use a trust relationship when some other method of communication will do.
  • Security principles of least required access to perform a function is employed where possible.
  • Root access will not be used when a non- privileged account will do.
  • If a methodology for secure channel connection is available (i.e., technically feasible), privileged access must be performed over secure channels, (e.g., encrypted network connections using SSH or IPSec).
  • Servers are physically located in an access-controlled environment.
  • Servers are specifically prohibited from operating from uncontrolled cubicle areas.


2.4 Monitoring
All security-related events on critical or sensitive systems must be logged and audit trails saved as follows:

  • All security related logs will be kept online for a minimum of 1 week.
  • Daily incremental tape backups will be retained for at least 1 week.
  • Weekly full tape backups of logs will be retained for at least 1 month.
  • Security-related events will be reported to Premium Hosting Systems security personnel. Corrective measures will be prescribed as needed. Security-related events include, but are not limited to:
    • Evidence of unauthorised access to privileged accounts
    • Anomalous occurrences that are not related to specific applications on the host.


2.5 Compliance
Audits will be performed on a regular basis by authorised organizations within Premium Hosting Systems. Every effort will be made to prevent audits from causing operational failures or disruptions.


2.6 Enforcement
Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.


2.7 Definitions
Server: For purposes of this policy, a server is defined as an internal Premium Hosting Systems Server. Desktop machines and lab equipment are not relevant to the scope of this policy.


3. Service Level Agreement (SLA)

3.1           This SLA forms part of the standard terms with Premium Hosting and applies to all hosting services that Premium Hosting manage. Rebate terms are set out below.
Uptime Service Level
3.2           Premium Hosting guarantees the network and hosted environment will be available for access at a minimum of 99.99% (uptime) of each full calendar month during the service period, subject to clauses 3.4 to 3.8 of this SLA.
3.3           Where Premium Hosting fails to meet the uptime of 99.99% and you have complied with all provisions of this SLA then you are entitled to claim the following credits against the next monthly fee (or if the SLA is failed in the last month of a service period , Premium Hosting will provide apply a credit against the last invoice).

Uptime percentage for full calendar month


99.99% - 100%

No credit – Within  Acceptable Levels

99% - 99.98%

10% of the monthly Fee for the Hosted Environment*

95% - 98.99%

20% of the monthly Fee for the Hosted Environment*

Under 95%

50% of the monthly Fee for the Hosted Environment*

*does not include any other usage fees, fees for back up service or support services or Fees for Professional Services

3.4           Uptime will be calculated monthly by Premium Hosting and such calculation will be deemed binding on the parties in absence of manifest error.  Upon request Premium Hosting will provide you with a report setting out the uptime for the previous calendar month.  There is no uptime service level provided for part months.
3.5           If you want to claim a service credit, you must provide written notice to Premium Hosting setting out the claim for a service credit - such notice to be received by Premium Hosting within 10 days of the date of receipt of the uptime report.  If no such notice is received by the due date you waive your rights in respect of the failure to meet the uptime warranty.
3.6           If Premium Hosting:
(a)             Exceeds a 95% Uptime but does not exceed 98.99% uptime in any three consecutive full calendar months; or
(b)             Fails to exceed a 90% uptime in any full calendar month,
then you may give Premium Hosting written notice requiring the Uptime Service Level of 99.9% to be met the following month and if it is not met then You may terminate the Agreement by giving notice to Premium Hosting within 10 days of the end of that month.
3.7           To the extent permitted by law, the Service Credit procedure and remedies in this SLA (including the right to terminate under clause 3.6 of this SLA) are the sole and exclusive remedies for any failure to meet the Service Levels in any particular month.
3.8           When calculating any Service Level, any failure to meet the Service Level that is directly or indirectly caused by any one or more of the following items shall not constitute a failure of the Service Level:
(a)             Scheduled Maintenance;
(b)             A malfunction or failure of any network, including the internet, that is not part of the Network;
(c)             Any of your Content and Software;
(d)             Any unlawful, negligent or willful act or omission, by you, your agents, contractors or invitees or any other person (other than a person who is acting for and on behalf of Premium Hosting, its Related Bodies Corporate or their respective contractors);
(e)             Any breach of the agreement, including the acceptable use policy, by you;
(f)              Any act or omission of a third party (other than Premium Hosting, its Related Bodies Corporate or their respective contractors);
(g)             Any Force Majeure event;



Last updated 30 July 2014

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