This is the MULX (MULX DomainsDue.com , we, us, our) Acceptable Use Policy (AUP) applicable to all services obtained from us (Services).
From time to time we will make amendments to this AUP by giving you notice of the change and you will then be obliged to comply with the policy as amended. If you continue to use any Services after publication of any change, it will constitute your acceptance of the amended terms.
You are responsible for ensure that you and any other user of your account should be aware of this AUP and comply with this AUP at all times.
Breach of Law
1.1 You must not use our Services, attempt to use the Services or allow the Services to be used for any acts which may or do in fact result in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation). These include:
a. Actual or possible damage to property or injury to any person, including harassment, menace or stalking of a person;
b. Publishing, downloading or transmitting any Prohibited Content or Potentially Prohibited Content (as each is respectively defined by the Broadcasting Services Act). This includes content which is or would be classified RC, X18+ or R18+ by the Classification Board.
c. Publishing, downloading or transmitting Restricted Content, that is content that is likely to be considered unsuitable for minors without using appropriate warnings and/or labelling systems for that content;
d. Publishing or transmitting material which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality; or which is obscene or defamatory, or which would be considered by a reasonable person to be, offensive or abusive;
e. To engage in any misleading or deceptive business or marketing practice;
f. Providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
g. Infringement on the rights of a third party including intellectual property rights and moral rights.
1.2 You should not use our Services in such a way that impedes our supply of services to other customers including:
a. making or receiving transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;
b. undertake acts that waste resources or prevent other users from receiving the full benefit of our services;
c. manipulating or bypassing our content usage limits;
d. undertake activities which cause or may cause third party service providers to place our IP addresses on a blacklist and/or block those IP addresses;
e. soliciting subscribers to become subscribers of other competitive services.
1.3 You must not use our Services, attempt to use our Services or allow our Services to be used for spamming or malware including:
a. send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
b. providing a capability on a site which permits third parties to send spam;
c. in connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data;
d. to access or use systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
e. to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you.
1.4 You agree to our use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
2.1 From time to time, we receive complaints from third parties regarding unacceptable uses, allegedly being conducted by customers or their users. We will make reasonable endeavours to resolve such complaints by working with customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to the customer.
2.2 If we are unable to resolve the complaint by working with customers, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise and direct us to provide to third party complainants your email contact details for the purposes of resolving such disputes.
3.1 We may monitor your account to determine our AUP is being followed but will respect your privacy.
3.2 If we believe that your use of the Service may break the law or that you have not complied with this AUP we may:
a. warn you by email (but we are not obliged to do so);
b. suspend your access to the Service;
c. terminate your account without notice; and/or
d. notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
3.3 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:
a. where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the customer data is illegal, offensive, objectionable or in breach of a third party's rights;
b. if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended);
c. if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).
3.4 You agree that you will have no claim against us in respect of any action reasonably taken in our implementation of the terms of this AUP, and you indemnify us against any claim by your end user arising out of our actions.
In order to use any MULX services, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by sending to us an application, duly completed confirmation (if requested) or use of any MULX services, whichever occurs first.
The following terms of business apply to any or all of the domain name registration, Web site hosting, email, spam and virus protection, e-mail marketing hosted application, downloadable files back-up software, Search Engine Optimisation, Virtual Private Server (VPS) and associated services and Secure Web Page services to be provided by MULX to you from time to time, as well as any goods or services provided by us under any reseller or ISP agreement (Services and individually Service). Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated by MULX and our suppliers to you for use by you as a site on the Internet. Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted. Search Engine Optimisation means any service which is designed to assist your Web Site gain a higher listing in the Search Engine results.
The following terms and conditions apply to all contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below. By utilising MULX services you are deemed to have accepted these terms and conditions and are bound by them.
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to MULX, and merchant services agreements between you and the relevant financial institutions.
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
Resellers transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within the MULX system. In the event that a reseller has an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on a reseller's account for a continuous 12 month period.
If you exceed our thirty (30) days credit terms, you will be charged an $5.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.
If any goods or services supplied pursuant to this agreement are supplied to the customer as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation ("the Acts"), the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation MULX limits its liability (including any consequential losses sustained by you) to payment of an amount equal to:
Except as otherwise specified herein, MULX is not liable for default or failure in performance of its obligations pursuant to these terms and conditions resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond the reasonable control of MULX.
Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by post or courier shall be deemed to be served 7 days following the date of posting.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.
These terms and conditions plus the MULX terms and conditions of supply (if any) for each specific type of service supplied by MULX constitute the entire agreement between MULX and you ("the Contract"), and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the Contract unless it is in writing and signed by authorised representatives of you and MULX.
The Contract is to be interpreted in accordance with the laws of the Queensland. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State, the Federal Court of Australia (Queensland Registry) and appeal courts therefrom in relation to any dispute arising hereunder.
If you (the customer) consist of more than one person then the liability of those persons in all respects under the Agreement shall be a joint liability of all of those persons and a liability of each of those persons severally.
In addition to general Account, Billing and Service communications, MULX will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by following 'unsubscribe' instructions contained within the communications.
You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you
Please review our Privacy Statement for full details of our use of personal data.