Acceptable Usage Policy (AUP), Terms and Conditions of Use

  1. Background and Scope of Document
    1. This is an agreement between yourself, the client, (herein known as the "Customer"), and Octopus Computing Pty. Ltd. (ABN 68 099 145 329) herein known as "Octopus Computing".
    2. The purpose of this document is to set out the terms and conditions of any product or service being supplied by Octopus Computing to yourself, the Customer.
  2. Settlement of Account
    1. All accounts must be settled within fourteen (14) days from the date of a relevant invoice being issued. Failure to settle your account within fourteen (14) days will result in the suspension of provision of services under your account. Failure to settle your account within twenty-eight (28) days from the date of issue of a relevant invoice may result in your account being deleted.
    2. Any charge incurred by Octopus Computing or payment which is subsequently rejected by a bank or other financial institution will be passed on to the Customer.
    3. Octopus Computing reserves the right to change prices at any time, and will endeavour to provide reasonable notice of any such changes of at least one month.
  3. Unacceptable Account Usage
    1. The following is deemed unacceptable usage of your account and may result in the deletion or suspension of your account, the suspension of certain services, rights or privileges, or the deletion or removal of certain files:
      1. Any illegal or fraudulent purpose;
      2. Violation of copyright, including but not limited to the storage or distribution of copyrighted material, or any other violation of copyright for which the Customer does not have appropriate authorisation for;
      3. The sending or relaying of unsolicited commercial e-mails (commonly known as "spam");
      4. The storage or transmission of any material which is deemed by Octopus Computing to be inappropriate, including but not limited to pornography, racist material, or any material which incites violence or hate;
      5. Any systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, excessive disk access (I/O), excessive network transmission (I/O), use of excessive e-mail storage space, hacking Octopus Computing's systems, negatively impacting the provision of service to other Octopus Computing customers, or any other activity which may compromise the availability, useability, or security of Octopus Computing's systems;
      6. Any other action which Octopus Computing, at its sole discretion, deems inappropriate;
  4. Your Responsibilities
    1. At all times the Customer must ensure that its account is protected with a secure password.
    2. The Customer shall not disclose its password(s) to any third party.
    3. The Customer is at all times responsible for any actions performed under its account.
    4. The Customer is responsible for keeping a copy of their most current data and files as backup on a remote system. Octopus Computing is not responsible for any lost files, information, or data. Octopus Computing does not guarantee to possess the most current copy of a Customer's data or files.
  5. Variation of Contract and Provision of Service
    1. The terms and conditions of this contract may vary from time to time, solely at the discretion of Octopus Computing.
    2. There is no guarantee as to provision and availability of service, nor to the quality of service. The customer acknowledges that in the provision of any service, Octopus Computing relies on factors outside of its control.