Acceptable Use Policy

Last Updated: October 10, 2023

1. Definitions

1.1. CloudLinux: Server-side software that monitors resources to ensure operation within set limits.

1.2. Customer: The person or entity who ordered services provided by Fidelis Group.

1.3. Customer Service: The relationship between Fidelis Group staff and the Customer, assisting them with questions or issues.

1.4. Ticket: A secure electronic message sent by the Customer to Fidelis Group via the portal for assistance with any Service(s).

1.5. Legacy Service(s): Any Service(s) not currently offered for new purchase but supported for existing Customers.

1.6. Server Management Jobs: Configuration tasks completed by Fidelis Group technical support, including custom software installations, MySQL configuration, firewall adjustments, and more.

1.7. Service(s): Any product or service provided by Fidelis Group, including Legacy Services, web hosting, domain registration, VPS, SSL, and other offerings.

1.8. Fidelis Group: The company providing these services.

1.9. Portal: Fidelis Group’s customer account, billing, and management portal, available online at fidelisgroup.au.

1.10. We/Our/Us: Refers to Fidelis Group.

1.11. You/Your: Refers to the person or entity who ordered services provided by Fidelis Group.

2. Acceptance

2.1. The Customer signifies acceptance of this Acceptable Use Policy, as well as our Terms of Service, Privacy Policy, Customer Service Policy, and any applicable Registrant Agreement, when they submit their order for Services and Fidelis Group accepts it.

2.2. The Customer acknowledges that they are solely responsible for ensuring all Service(s) comply with this policy and that they manage the files and applications uploaded and executed.

3. Unacceptable Content and Material

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

• Constitutes child pornography;
• Incites, threatens, or implies violence;
• Contains harassing content or hate speech;
• Is unfair or deceptive under relevant Fair Trading or Consumer Affairs acts;
• Is defamatory or violates a person’s privacy;
• Poses a risk to a person’s safety, health, or security;
• Compromises national security or interferes with law enforcement;
• Exposes trade secrets or proprietary information improperly;
• Assists in defeating technical copyright protection;
• Infringes on another’s trademark, patent, or property;
• Promotes illegal drugs or violates import/export laws;
• Relates to illegal gambling or firearms trafficking;
• Is illegal or solicits illegal conduct;
• Is otherwise malicious or may cause retaliation against Fidelis Group.

4. Prohibited Use

4.1. Shared cPanel web hosting Services, including SELECT, Bronze, Silver, and Gold, may not be used for:

• Storing backup archives or data unrelated to the website.

4.2. Shared WHM (Reseller) web hosting Services may not be used for:

• Storing backup archives or data unrelated to the website.

4.3. Services, including but not limited to shared cPanel, Dedicated Email Hosting, VPS, and Fully Managed VPS, may not be used for:

• IRC scripts, proxy scripts, anonymous browsing utilities, image/file hosting, IP scanners, pirated software, banner ads, illegal gambling, game servers, VoIP for game communities, or other unacceptable purposes as defined by Fidelis Group.

4.4. Fully Managed VPS Services are limited to 10 Server Management Jobs per calendar month. Self-Managed VPS services do not include complimentary Server Management Jobs. The Customer indemnifies Fidelis Group for changes made in these jobs.

5. Security

5.1. The Customer is responsible for the content stored and hosted on the Service.

5.2. The Customer agrees to keep all PHP and CGI scripts updated. Failure to do so may result in vulnerabilities.

5.3. The Customer must keep their Service usernames and passwords secure.

5.4. VPS and Fully Managed VPS Customers must:

• Secure the VPS upon provisioning;
• Install firewall software (CSF recommended);
• Regularly perform security audits, software updates, and password changes;
• Perform regular maintenance.

6. Excessive Resource Usage

6.1. CloudLinux limits apply to all shared cPanel Services. Exceeding limits will display a “503 Service Temporarily Unavailable” message.

6.2. Shared cPanel and WHM (Reseller) Services must not:

• Unreasonably consume server resources;
• Consistently use resources at or near maximum limits;
• Generate excessive IO load or memory usage;
• Exceed assigned inode limits;
• Execute scripts exceeding 180 seconds;
• Run server-side processes or frequent cron jobs (less than 15-minute intervals).

6.3. VPS Services must avoid:

• Sustained high CPU usage, high IO consumption, and excessive network throughput.

6.4. Emails older than 30 days in the ‘Trash’ or ‘Spam’ folders may be permanently deleted.

6.5. Fidelis Group may suspend or charge for excessive usage. Compliance with resource policies is required.

7. Backups

7.1. The Customer must maintain local or off-site backups of their Service data.

7.2. Fidelis Group is not liable for data loss, and Customers must ensure backup data integrity.

8. Spam and Bulk Email

8.1. The Customer must not send unsolicited or bulk email (spam).

8.2. Purchased email lists cannot be used for bulk emails.

8.3. Outbound email limits are enforced per domain per hour. Exceeding limits will result in message delivery failures.

8.4. Fidelis Group may remove domains from its outbound filtering if abuse is detected.

8.5. Mailing lists are limited to 4,000 recipients per domain.

8.6. All mailing lists must be opt-in, with recipients’ consent.

8.7. All emails must include an opt-out mechanism, complying with relevant spam laws.

9. Non-compliance and Remedy

9.1. Breaches without customer impact will result in a warning and required compliance.

9.2. Breaches affecting other Customers will lead to immediate suspension and a request for compliance.

9.3. Repeated breaches may incur reactivation fees.

9.4. Multiple breaches may result in termination, and Fidelis Group will provide a backup if available.

9.5. Suspension notifications will be sent to the account holder’s email, and maintaining a current email address is required.

9.6. Fidelis Group may use additional communication methods if needed.

9.7. The Customer is liable for any fees paid by Fidelis Group to third parties due to policy violations.

9.8. No refunds will be issued if any Fidelis Group policies are breached.

10. Changes

10.1. Fidelis Group may amend this Acceptable Use Policy at any time. Changes are effective upon publication.

10.2. Continued use of Services constitutes acceptance of amended terms. For cancellations, see our cancellation policy.

11. Contact Us

For questions, contact Fidelis Group’s Customer Care team at admin@fidelisgroup.au.