Version 1.0
Last updated December 30, 2015

1. Definitions

1.1. "Account" means the account held with Webefinity by the Customer that is used for billing, contact information and details of the Service(s) assigned to the Customer.

1.2. "Customer" means the person or entity who ordered Service(s) from Webefinity.

1.3. "Service", "Service(s)" or "Services" means any product(s) or service(s) the Customer has ordered from Webefinity. This can include, but is not limited to, web site hosting, VPS, consulting, software development and all auxilliary service(s). These product(s) and service(s) are identified in full within the "sign up" and "service provision" emails Webefinity sends to the Customer after an order has been placed. The specific details of the Service can be found by logging in to the CubeBuild Management Panel.

1.4. "Webefinity" means the retail operations of Webefinity Pty Ltd.

1.5. "CubeBuild Management Panel" refers to Webefinity's customer account, billing and management portal avialable online via

2. Acceptance

2.1. The Custoemr signified acceptance of the Acceptable Use Policy as well as our Terms of Service, Privacy Policy, Customer Service Policy and any applicable Service Level Agreement, when they submitted their order to Webefinity for Services, and that order was accepted.

2.2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.

3. Unacceptable Content and Material

3.1. The Customer may not publish, transmit, distribute or store any content or material on Webefinity's servers or network that Webefinity believes:

  1. Constitues child pornography;
  2. Is excessively violent or incites, threatens or implies violence;
  3. Contains harassing content or hate speech;
  4. Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state;
  5. Is defamatory or vialates a person's privacy;
  6. Creates a risk to a person's safety, health or security;
  7. Compromises national security or interferes with an investigation by any law enforcement agency;
  8. Improperly exposes trade secrets or any other confidential or proprietary information of another person or business;
  9. Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents;
  10. Clearly infringes on another person or business trade mark, patent or property;
  11. Promotes illegal drugs or violates import or export laws;
  12. Relates to illegal gambling or firearms trafficking;
  13. Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or Webefinity;
  14. Is otherwise malicious, fraudulent, or may result in retaliation against Webefinity by offended viewers.

4. Prohibited Use

4.1. Shared CubeBuild web hosting Services may not be used for the following purposes:

  1. For storage of backup archives nor any data which is not directly related to and accessible through the website itself.

4.2. Services, including but not limited to shared CubeBuild web hosting Services and Virtual Private Services (VPS), may not be used for any of the following activities:

  1. IRC scripts or bots;
  2. Proxy scripts or anonymous browsing utilities;
  3. Image or file hosting scripts (similar to Photobucket, Rapidshare, etc);
  4. IP scanners;
  5. Pirated software or "warez" sites;
  6. Banner advertisement services;
  7. Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes);
  8. Hacker focussed sites, archives or programs;
  9. Sale of any controlled substance without having the appropriate permits;
  10. Sites promoting illegal activities;
  11. Any game servers (such as Counter Strike, Half Life, etc);
  12. Any VoIP service primarily associated with game server communities (such as TeamSpeak);
  13. Any other purpose that Webefinity Management have deemed as unacceptable.

5. Security

5.1. The Customer acknowledges that they are solely responsible for what is hosted from and stored in the Service.

5.2. The Customer warrants that all their Service usernames and passwords will be kept in a safe and secure location at all times, and that they will not use dictionary words or consecutive strings as a password.

5.3. The Customer agrees to keep all file and folder permissions set correctly.

5.4. Customers with VPS Services are required to:

  1. Ensure the VPS is secured as soon as the Service has been provisioned;
  2. Install firewall software;
  3. Perform security audits and updates of system software on a regular basis;
  4. Change the root or administrator password on a regular basis;
  5. Perform any other maintenance that is required on the VPS service on a regular basis.

6. Excessive Resource Usage

6.1. For all shared CubeBuild web hosting Services, the Customer may not:

  1. Perform any task which unreasonably consumes server resources leading to degradation of the shared hosting server environment for other Customers;
  2. Perform any task which generates excessive I/O Load;
  3. Consume large amounts of system memory;
  4. Store more than 20,000 files;
  5. Run any server-side or stand-aline processes or daemons;
  6. Run any bit torrent applications, trackers or clients;
  7. Run any web spiders or indexers;

6.2. Webefinity reserves the right to suspend any service utilising excessive network resources, and reserves the right to charge fees for excessive usage. Webefinity may make reasonable attempts to notify the Customer at the time of suspension, hoever, notification is not guaranteed and the Customer should ensure they are compliant with all policies.

7. Backups

7.1 Any shared CubeBuild web hosting Service that exceeds 10GB in size will be automatically excluded from all backup routines and rotations. In this case, Webefinity may notify the Customer via email and give them the option to:

  1. Remove any data that is not needed and bring the total back to being under the 10GB limit, allowing the Service to be re-introduced to the backup routine and rotation;
  2. Purchase an Extended CubeBuild Backup service for a nominal monthly fee;
  3. Continue without Webefinity taking backups and rely solely on their own backups for all disaster recovery scenarios.

7.2. The Customer acknowledges if a VPS Service has a backup facility set up, it is their sole responsibility to ensure that the backup is correctly set up and that backups are actively being taken, even if Webefinity staff completed the initial setup and configuration of the VPS and backups.

7.3. The Customer warrants they will maintain a local or off-site backup of their Service data at all times.

7.4. As per the Terms of Service, Webefinity will not be held liable for data loss under any circumstances and it is the Customers sole responsibility to ensure that they have a backup of all data.

8. Spam and Bulk Email

8.1. The Customer warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam).

8.2. The Customer may not use any purchase email list for individual or bulk email sending.

8.3. The Customer warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list.

8.4. The Customer warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003 (, the United States CAN-SPAM Act 2003 ( and any other relevant Spam-related legislation that may be created or amended from time to time.

9. Non-compliance and Remedy

9.1. Any Service(s) that are found to be in breach of this policy but have not caused any known inconvenience to other Customers will result in an email being sent to the Customer asking for changes to be made in order to comply with this policy and two (2) days to make the changes. The Customer is required to acknowledge this email and advise Webefinity what actions have been taken to remedy the breach. Failure to comply may result in the Service(s) being suspended without additional warning.

9.2. Any Service(s) that are found to be in breach of this policy that have caused issues and/or degradation of service for other Customers, will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach.

9.3. Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach, and a $30 AUD re-activation fee has been paid in full.

9.4. Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach, will result in immediate suspension followed by an email advising that the Service(s) must be moved to another provider immediately. Webefinity will supply the Customer with a backup archive of their files if available, and termination of the service will occur within seven (7) days. If the Customer does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.

9.5. Suspension advisory emails (as detailed in 9.1 to 9.4) will be sent to the nominated account holder email address, and the Customer warrants that, in line with the Terms of Service, this address will be kept current and up to. We recommend using an externally hosted email address to ensure continued delivery of important service information and notifications.

9.6. The Customer will be solely liable for any fees or charges that are paid by Webefinity to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy.

9.7. As per section 11.4 of the Terms of Service, the Customer will not be entitled to a refund if any of Webefinity's Terms, Policies and Agreements have been breached. 

10. Changes

10.1. Webefinity may amend our Acceptable Use Policy at any time. At all times Webefinity will make available the current terms for client review via our website. Changes to this agreement other than price changes will become effective upon their publication to our website, and furthermore, continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Service(s) in-line with our Cancellation Policy which is contained within our Terms of Service.

10.2. All Webefinity Terms, Policies and Agreements are available for review on our website at any time.