Use of Shine services constitutes acceptance and agreement to Shine's AUP, TOS and Billing Policy. Shine reserves the right to revise, amend, or modify this AUP, TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS. All users of Shine services, and their clients, must comply with this AUP and TOS.

Unacceptable Content:
All services provided by Shine may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Shine and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of unacceptable content or links:
- Pornography and sex-related merchandising
- Pirated software
- Hacker programs or archives
- Warez sites

Shine will be the sole arbiter as to what constitutes a violation of this provision.

Pornography and sex-related merchandising is prohibited on all Shine servers. This includes sites that may infer sexual content, or link to adult content elsewhere. Shine will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Shine servers or any other server on the Internet. Links to such materials are also prohibited.

Shine provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. When you abide by these guidelines, you help ensure that our obligations to you and our other customers are met.

Sites with banners, graphics or cgi's running from their domain used on other domains
When you employ services such as Link Exchange or a cgi host who lets 1000's of others link to their site, it is important that you require any sites you exchange ads with to display your ad on their server. Not only will not abiding to this guideline cause your site to load slowly, you will be responsible for the data transfer used in this process.

Sites using more than 5% of system resources
Shine will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms & IRC
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. We currently do not allow IRC or IRC bots to be operated on our servers.

Email
Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements, from an Shine server or using an e-mail address or domain that is maintained on an Shin machine as reference is STRICTLY prohibited. Shine will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site's mail server to relay mail without the express permission of the site. Shine will be the sole arbiter as to what constitutes a violation of these provisions.

Email Lists
Accounts that attract just 5 or more complaints from a user on the email list will have their account suspended.

Email lists that cause excessive loads on our servers will be throttled to a more respectful load, if a list is found to contain massive amounts of dead email addresses and are not rectified by the client, the account will become suspended until the list has been proven that all email addresses are complete and active, including but not limited to email address errors and phantom email addresses. Shine will be the sole arbiter as to what constitutes a violation of these provisions.

System and Network Abuse - Server Abuse
Any attempt to undermine, compromise the security of, or otherwise cause harm to any Shine server or customer accounts is strictly prohibited and will result in the cancellation of the account.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Limited Liability
Shine shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with Shine services, including but not limited to damages for lost profits, loss of use, lost data, down time, loss of privacy, damages to third party even if Shine has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.

Shine will not censor any content on the INTERNET. It will be the CLIENT's responsibility for the usage of his account and any consequences of this usage.

Disclaimer
Shine cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site were functioning. If any terms or conditions have failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Shine sees fit.

Account Activation
By activating your account with Shine, you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

Billing
Payments may be made via cheque, money order and direct deposit.

NOTICE: If you sign up for an account and do not follow our terms, no refunds will be given. We will however let you know by email or phone before any action is taken so that you have the opportunity to resolve the matter.

Shine retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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