1.1. For the purposes of this policy the words “Skyrack”, “We”, “Our” and “Us” refer to Maku Pty Ltd

1.2. “Site” to materials delivered on skyrack.net.au.

1.3. “Subscriber” means the person or entity who placed the order for our services.

1.4. Copyright in the content and trademarks on this Site are owned by Maku Pty Ltd ABN 79 674 699 006, unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Skyrack.

2.1. Skyrack’s general policy is to act as a neutral provider of access to the global Internet. Skyrack reserves the right to suspend or cancel a Subscribers access to any or all services provided by Skyrack when Skyrack decides that the account has been used inappropriately.

2.2. All provisions of this policy are subject to the Acceptable Use Policy (AUP) and Terms of Service (TOS) of Skyrack.

2.3. The AUP and/or TOS may be changed from time to time at the discretion of Skyrack, and such modifications shall be effective immediately upon posting the modified agreement on the Site.

2.4. Skyrack agrees to furnish services to the Subscriber, subject to the following AUP. Submitting an order for Skyrack’s services constitutes acceptance and agreement to Skyrack’s AUP, as well as Skyrack’s TOS. The following are considered violations of the Skyrack’s Acceptable Use Policy (AUP).

3.1. Skyrack’s services may not be used for illegal purposes, or in support of illegal activities.

3.2. Skyrack reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. This may result in immediate suspension of a Subscribers service.

4.1. Use of the Skyrack service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is strictly prohibited.

5.1. Use of the Skyrack service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is strictly prohibited.

6.1. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited.

6.2. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7.1. Use of Skyrack service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters.” is prohibited.

8.1. Use of the Skyrack service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Skyrack account.

8.2. A Subscriber who hosts websites or services on their service that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their service immediately suspended. The service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed.

8.3. Severe violations may result in immediate and permanent removal of the Subscribers service from our network without notice to the Subscriber.

8.4. Any Subscriber guilty of three violations will be immediately and permanently removed from our network without notice.

9.1. Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Skyrack account.

10.1. Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Skyrack service is in violation of this AUP and will result in immediate suspension of a Subscribers service.

11.1. Skyrack has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list.

11.2. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

12.1. Use of the Skyrack service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Skyrack’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Skyrack account is subject to immediate termination.

13.1. Use of the Skyrack service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.

14.1. Use of the Skyrack service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.

15.1. Use of the Skyrack service for any activity which affects the ability of other people or systems to use Skyrack Services or the Internet, including “denial of service” (DOS) attacks against another network host or individual user is strictly prohibited and the offending Skyrack account is subject to immediate termination.

15.2. Interference with or disruption of other network users, services or equipment is prohibited and the offending Skyrack account is subject to immediate termination.

15.3. It is the Subscribers’s responsibility to ensure that their service is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their service for illegal or inappropriate actions.

15.4. A Subscriber may not permit their service, through action or inaction, to be configured in such a way that gives a third party the capability to use their service in an illegal or inappropriate manner.

15.5. Unauthorised entry and/or use of another Subscribers account will result in immediate account termination. Skyrack will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

16.1. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

17.1. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

18.1. Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

19.1. Use of software or any device that would facilitate a continued connection, i.e. ICMP requests or pinging, while using Skyrack services may result in suspension of service.

20.1. Skyrack subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

21.1. Skyrack reserves the right to temporarily suspend or limit a subscribers service due to Excessive Resource Usage.

22.1. No service with Skyrack may be used to run the following unacceptable activities:

a. Proxy scripts of any kind. This is not strictly limited to PHPProxy or CGIProxy this also includes any others;

b. Seedbox scripts of any kind. This includes torrentflux but is not limited to just torrentflux. Charges will apply to offenders;

c. Bit torrent applications, trackers or clients;

d. Games;

e. open DNS resolvers and/or;

f. open mail relay servers.

22.2. The Subscriber may not use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository.

If you have any questions or comments regarding our Acceptable Use Policy, then please contact our Sales Team.