This Acceptable Use Policy (AUP) document, including the following list of Prohibited Activities, is an integral part of your Service Agreement with us (Momentum Hosting). If you engage in any of the activities prohibited by this AUP document, we (Momentum Hosting) may suspend or terminate your account.
Our (Momentum Hosting) Acceptable Use Policy (the "Policy") for our Services is designed to help protect us, our customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non- exclusive list of the actions prohibited by us. We reserve the right to modify the Policy at any time, effective upon posting at https://www.momentumhosting.com.au/terms.html
Prohibited Uses of Our Systems and Services
AUP-1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
AUP-2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through our servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilising any resource hosted on our servers, is prohibited. Our accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
AUP-3. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, phishing, flooding, mail-bombing, denial of service attacks.
AUP-4. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
AUP-5. Unauthorised attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
AUP-6. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
AUP-7. Unauthorised access, alteration, destruction, or any attempt thereof, of any information of any of our customers or end-users by any means or device.
AUP-8. Knowingly engage in any activities designed to harass, or that will cause a denial-of- service (e.g., synchronised number sequence attacks) to any other user whether on our network or on another provider's network.
AUP-9. Using our Services to interfere with the use of our network by other customers or authorised users.
Limitations on Services Provided by Us
In addition to any other requirements of this AUP or the Terms and Conditions, the Service may only be used in a manner that is consistent with its purpose. We will determine whether this is the case at our sole discretion.
In order to ensure that our Service's operate as smoothly as possible, there are limitations on their use. These include, but are not limited to the following:
a) Maximum Message Size for a Single Message: 20MB in accordance with the mailbox size the maximum size of a single message is 20Mb. You will be able to receive a message up to 20MB provided you have adequate space in your mailbox.
b) Maximum Email Mailbox Size: The maximum size of your mailbox will be set to no greater than your accounts disk space limit.
c) Email Message Lifetime: 30 Days - In order to maintain the performance of our mail server, our service standards and guarantee new mail can be received, mail left on the server for more than 30 days may be purged from the server.
Web Hosting Services
a) Website Traffic Allowance: Website traffic under the allowance provided on your package will be provided. Additional bandwidth will be charged at the rate of $10/GB per month.
b) Warning Message for Traffic Allowance: at 75% of traffic allowance. An e-mail warning message will be sent to your registered contact email address if the total traffic usage of your account exceeds 75% of the monthly traffic allowance.
c) Server Disk Usage Allowance: Disk usage under the allowance provided on your package will be provided. Additional disk usage will be charged at the rate of $15 per 1000MB (1 Gigabytes) per month.
d) Warning Message for Server Disk Usage Allowance: at 80% of traffic allowance. An e- mail warning message will be sent to your registered contact email address if the total server disk usage of your account exceeds 80% of the server disk usage allowance.
e) System Resources: You acknowledge that the Service is provided using an environment where multiple users share a finite pool of resources and/or servers and you agree not to engage in any activity that could overwhelm the servers with heavy CPU, memory or network usage that requires a disproportionate amount of the resources of our servers.
f) Dynamic Server-Side Scripts and Executables: It is your responsibility to ensure that any cgi-scripts, executable files or dynamic scripts, written by you and uploaded to our servers are written and configured in a secure and reliable manner. All responsibility for support and maintenance of these scripts lies with you unless stated otherwise in the terms of the Service provided. We may from time to time and without notice make upgrades to the software and hardware running on our Servers. It is your responsibility to ensure scripts still work as expected after these upgrades.
1. It is your responsibility to comply with any instructions or requests made by us with regard to the hosting of your website, or your domain name or any other service in a timely fashion.
2. Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list. Purchasing lists of email addresses from 3rd parties for mailing to from any of our services, or referencing any of our accounts, is prohibited. The utilisation of our servers SMTP services for the use of sending bulk emails is expressly prohibited unless otherwise agreed in writing. A daily limit is set for outgoing emails per domain per day.
3. You are responsible for protecting your passwords and for any authorised or unauthorised use of our systems and/or networks. All actions resulting from your passwords being compromised will remain your sole responsibility.
4. You are responsible for all the content or information residing on, obtained or transmitted via the Service. You must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Service. You must ensure there is no content that could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity.
Your Responsibility for Your Users
You are responsible for the activities of your users and by accepting service from us, you agree to ensure that your customers/representatives and end-users abide by this Policy. Complaints about your customers/representatives or end-users will be forwarded to your registered contact email address where possible. If you violate our Acceptable Use Policy (AUP), we reserve the right to terminate your services or take action to stop you from violating our AUP as we deem appropriate, without notice.
This agreement is to setup the terms and conditions of web hosting between Momentum Hosting (“us/we”) and you (“The Client/Client”).
By use of Momentum Hosting services you are agreeing to the following terms and conditions, if you do not agree with any part of these terms and conditions your sole and only course of action will be to discontinue use of Momentum Hosting (our/we) hosting services.
1. General Use
1.1: Our services may only be used for lawful purposes as outlined in the Acceptable Use Policy.
1.2: You agree to indemnify and hold harmless Momentum Hosting in any legal action which arises as a result of your use of our services, without limitation or exception.
1.3: Momentum Hosting makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold Momentum Hosting responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Momentum Hosting agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate or pro-rata amount, but that no further compensation will be made. Scheduled outings, account suspensions or server maintenance do not count towards our refund policy.
1.4: You agree not to maliciously or intentionally interfere with the proper operation of the system or servers, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access.
1.5: You agree that the security of your account or server is first and foremost your own responsibility. You further agree that if you believe the security of your account or server has been compromised in any way, you will notify Momentum Hosting immediately. You agree that if you become aware of misuse of your account or server, and do not notify Momentum Hosting, you will be held responsible for that misuse.
1.6: You agree that any use outlined as Prohibited in the Acceptable Use Policy will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any and all damages to Momentum Hosting, both monetary and in reputation, as well as hourly labour or support fees for reading and replying the complaints which may arise.
1.7: You agree that we have the right and responsibility to fully co-operate in any legal investigation regarding any aspect of our services, including services sold to you.
1.8: You agree to supply a current and truthful name, postal address, billing address and telephone number for our records. Momentum Hosting agrees not to sell or donate its mailing list to any other company or person.
1.9: You agree that backup of files is your responsibility and that Momentum Hosting is in no way responsible for the loss of, or for saving or returning any data, files or directories stored on the server for/to the Client.
1.10: Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with Momentum Hosting, at our discretion. Criminal or civil prosecution may result in extreme cases.
2. Financial Arrangements
2.1: Client agrees to a monthly or annual contract. Accounts are yearly as agreed to, and signifies such agreement by acknowledgement in account setup form or subsequent written agreement. A month is considered to be a calendar month.
2.2: Applicable fees for a domain name, web hosting account, plus setup charges (if applicable), and registration fees (where applicable), shall be due prior to account activation. With no exceptions.
2.3: This agreement will automatically renew for successive monthly or yearly periods unless cancelled in writing at least thirty (30) days prior to the renewal date. Client will receive an invoice via email or post for hosting charges. Renewal prices are subject to change. Renewal of services by client indicates agreement to contract revisions and revisions to our Terms of Trade and Acceptable Use Policies.
2.4: If an account is not paid in full within 14 days of the due date then we have the right to suspend your account (without notice) until all payments have been received. Accounts that remain unpaid over 30 days past the due renewal date will have their account suspended or cancelled at our discretion, without notice. No exceptions. Charges will accrue while your account is suspended, but not once it is cancelled.
2.5: Momentum Hosting reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments. In such case Momentum Hosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client.
2.6: Momentum Hosting reserves the right to decrease or increase charges at any time. Such increases may be advised at least one month prior to invoicing at our descretion.
2.7: Momentum Hosting reserves the right to transfer billing to a new company on sale of Momentum Hosting. Contracts can be re-negotiated with the new company, and notice will be given.
2.8:- Excess bandwidth or disc space fees will apply on accounts that exceed the data limits.
3.1: A Client is not allowed to resell the storage and/or transfer services provided by Momentum Hosting unless the express permission of Momentum Hosting is sought and this permission is provided in writing.
4. Hardware, Equipment and Software
4.1: Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Momentum Hosting services. Momentum Hosting makes no representations, warranties or assurances that Client's equipment will be compatible with Momentum Hosting services.
5.1: Client certifies that he or she is at least 18 years of age and has the authority of the company, group or individual they represent to agree to these terms and incur the associated costs.
6. Internet Etiquette
6.1: Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Momentum Hosting. All messages transmitted via Momentum Hosting service(s) should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.
6.2: Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Momentum Hosting is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Momentum Hosting or its customers may utilise.
6.3: Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. Momentum Hosting reserves the right to deactivate the Client's Server account(s) upon and indication of such activity. In such case Momentum Hosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless Momentum Hosting from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Server account(s).
7. Limited Liability
7.1: The Client expressly agrees that use of Momentum Hosting service is at Client's sole risk. Momentum Hosting, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, cannot warrant that the Momentum Hosting Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the Momentum Hosting Server service, unless otherwise expressly stated in this Agreement.
7.2: The Client hereby agrees that any material submitted for publication by Momentum Hosting through Client's account(s) will not contain anything leading to an abusive or unethical use of the server product(s) or the host server(s). Abusive or unethical materials and uses include, but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.
7.3: The Client hereby agrees to indemnify and hold harmless Momentum Hosting from any claim resulting from Client's publication of material or use of those materials. Momentum Hosting may or may not give notice before deactivating the use of an account(s) which Momentum Hosting decides is an abusive or unethical use of, or a potentially illegal use of the Server account(s) or host server(s). In such case Momentum Hosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. The Client hereby agrees to indemnify and hold harmless Momentum Hosting for any claim resulting from the submission of illegal materials.
7.4: Under no circumstances, including negligence, shall Momentum Hosting, its officers, agents or anyone else involved in creating, producing or distributing Momentum Hosting Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Momentum Hosting Server services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Momentum Hosting records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Momentum Hosting services.
7.5: Notwithstanding the above, The Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
7.6: In the case of "Force Majeure" (as defined below), the Momentum Hosting will notify the Client at the earliest opportunity of the circumstances. "Force Majeure" will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of "Force Majeure". "Force Majeure" means any event or thing outside Momentum Hosting reasonable control, which directly or indirectly causes Momentum Hosting Servers becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond Momentum Hosting reasonable control, which causes a delay or ultimately a failure to perform Momentum Hosting obligations under this Agreement.
7.7: If any term of this agreement becomes illegal, irrelevant or unenforceable, the validity of the remaining terms of this agreement is unaffected.
8.1: Client agrees that Momentum Hosting is in no way responsible for providing support for editing or configuring of scripts, web pages, FTP transfer of files, problems that are the responsibility of the customer, or anything else that is not server specific related. Unless otherwise arranged with Momentum Hosting.
9.1: The Client agrees that it shall defend, indemnify, save and hold Momentum Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Momentum Hosting, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Momentum Hosting against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Momentum Hosting Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Server.
10.1: This Agreement may be terminated by either party, without cause, by giving the other party thirty (30) days written notice. Notwithstanding the above, Momentum Hosting may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.
10.2: In the event that it becomes necessary for Momentum Hosting to enforce the terms of this agreement Momentum Hosting shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
Acknowledgement and acceptance of this agreement is required for an account to be setup at/by Momentum Hosting. By signing-up for hosting services you indicate that you have read and understand this service agreement in it's entirety and agree to be bound by it's content.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
The parties agree that this agreement shall be governed by and be interpreted according to the laws of the Commonwealth of Australia, and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the State of Queensland, Australia.
Momentum Hosting is a website hosting company. You can contact us by emailing to . At Momentum Hosting we aim to provide you with the best possible service and, in doing so, we are committed to protecting your privacy.
What does ‘personal information’ mean?
Personal information is any information about you that identifies you or by which your identity can be reasonably determined.
What information do we collect and why do we collect it?
When you register on our web site or purchase goods or services from us, you will need to provide us with your personal details, including:
We need your identification details to process your orders, manage your account, ensure that you receive your requested goods or service and provide you with information about your purchased products/services from time to time.
When a request for information or a request for support is received, we will ask for details about your account or other commercial information to establish eligibility.
If you purchase additional upgrades or options, we will need information about your account or business for the purpose of accurate installation records and future support calls.
How do we collect your personal information?
We collect information about you through our forms on our website, when signing a contract for works to be completed, our checkout process or when you call up and make an enquiry along with various other forms that you may fill out during the process of being a client with us.
How do we use information we collect?
Generally, we only use personal information that we collect from you for the purpose of managing your customer account.
We may also use the personal information we collect to occasionally notify you about:
We give new customers and registrants the opportunity to nominate not to receive information about products offered by other parties. You also have this opportunity to do this each time information of this type is sent.
Do we disclose your personal information to anyone?
Momentum Hosting may disclose your personal information in certain circumstances. Generally, we do not disclose your personal information to any third party, unless that party is contracted to Momentum Hosting to provide administrative services or activities on our behalf and that party is bound by the same privacy rules we follow.
Some examples of parties outside Momentum Hosting, to whom we may disclose your personal information and the reason for disclosure, are:-
Can you access the personal information we hold about you?
You may request access to any of the personal information we hold about you. A summary of personal information such as your username, name and address details, contact telephone numbers, is available by request by writing to
For security reasons however, we will not give information over the telephone unless the person making the enquiry is able to answer a list of questions to confirm their identity. You cannot access information about any other customers.
Momentum Hosting may retain your personal information for a period of time after you have ceased your relationship with us. When we believe it is no longer necessary to hold your personal information in our archiving system, we attend to the secure destruction or deletion of your personal information.
How do we protect your information and ensure it is accurate?
Only authorised staff who are employed under strict confidentiality agreements have access to your personal details. The administration systems used to manage your account information, incorporates the use of secure hardware and software products, which protect against unauthorised access. All hard copies with your personal details are also protected in our secure archiving system.
We also try to ensure that the information we hold about prospective customers and customers remains accurate, complete and up-to-date. Sometimes when you make an enquiry we will ask you if our recorded details are up-to-date.
Dealing with Momentum Hosting via the Internet
You may have concerns about the personal information collected about you online or about the security of your personal information that is exchanged between us online.
Generally, email is not a secure way to communicate. However, our Website uses industry standard security protocols to protect the personal information you disclose in using our online facilities.
All information that is submitted by yourself through our website goes into a secure database that only selected staff members only have access to.
We have appointed a dedicated Privacy Officer to answer your queries relating to your privacy. Contact details appear below:
PO BOX 408
Moffat Beach QLD 4551
Can you complain about a breach of your privacy?
PO BOX 408
Moffat Beach QLD 4551
What if you are not satisfied with our response?
If you are not satisfied with the result of your complaint to Momentum Hosting, you can refer your complaint to the Federal Privacy Commissioner.
You can contact the Australian Federal Privacy Commissioner by:
T: 1300 363 992
Write to Director of Complaints Office of the Federal Privacy Commissioner
GPO Box 5218
SYDNEY NSW 1042