1. Purpose and Application

This Anti-Spam Policy sets out the rules for electronic messaging sent using services supplied by Hostbyte Pty Ltd, ABN 57 662 923 926, ACN 662 923 926 ("Hostbyte", "we", "us" or "our"). It applies to all Customers, authorised users and anyone who sends or facilitates electronic messages through a Customer Service.

This policy forms part of the Hostbyte Terms of Service and Acceptable Use Policy. Customers must also comply with the Spam Act 2003 (Cth), the Spam Regulations and other laws that apply to their messaging activities.

2. Permission-Based Messaging

Customers must not send unsolicited commercial electronic messages through the Services. Before sending marketing or other commercial electronic messages, the sender must have the recipient's consent where required by law.

Consent may be express or, where permitted by law, inferred from the circumstances. Customers are responsible for being able to demonstrate the basis on which they are entitled to send a commercial message, including maintaining appropriate records of consent and the source of mailing-list data.

Using a third-party marketing platform, contractor, reseller or mailing service does not remove the Customer's responsibility for ensuring that messages sent on its behalf comply with applicable law.

3. Sender Identification and Contact Details

Commercial electronic messages must accurately identify the individual or organisation that authorised the message and include valid contact information where required by law.

Sender names, domains, reply addresses, message headers and other identifying information must not be false, misleading, forged or deliberately obscured.

4. Unsubscribe Requirements

Commercial electronic messages must include a clear and functional way for recipients to unsubscribe where required by law.

Customers must honour valid unsubscribe requests within the period required by applicable law. For messages subject to Australia's Spam Act, unsubscribe requests must generally be actioned within 5 working days.

An unsubscribe facility must not impose a fee, require more than the usual cost of using the relevant communication method, require unnecessary additional personal information, or require the recipient to create or log in to an account merely to unsubscribe. Where Australian law applies, the facility must remain functional for at least 30 days after the message is sent.

Once a recipient has unsubscribed, the Customer must not add that recipient back to a marketing list unless the recipient subsequently provides valid consent or another lawful basis permits the messages.

5. Mailing Lists and Address Collection

Customers must use permission-based and lawfully obtained mailing lists. Customers must not use address-harvesting software or harvested-address lists in connection with sending commercial electronic messages contrary to applicable law.

Purchasing, renting, borrowing or obtaining a list from another person does not by itself establish consent. Customers using third-party lists must be able to demonstrate that the addresses were obtained lawfully and that the intended messages are permitted.

Customers must not scrape websites, directories, social media services or other sources for electronic addresses for unsolicited commercial messaging where that conduct is prohibited by law.

6. List Hygiene and Delivery Practices

Customers operating mailing lists must take reasonable steps to maintain list quality and reduce unwanted mail. This includes processing unsubscribes, monitoring delivery failures and complaints, and removing or suppressing addresses that are invalid or should no longer receive marketing.

Customers must not repeatedly send messages to addresses that consistently reject mail, have unsubscribed, or have generated credible spam complaints where continued sending is not lawful or reasonable.

Customers should use appropriate authentication and sending practices for their domains and mail systems where supported, including measures that assist in preventing spoofing and protecting sending reputation.

7. Prohibited Messaging

The Services must not be used to send or facilitate:

• spam or unsolicited bulk commercial electronic messages;
• phishing, credential-harvesting or fraudulent messages;
• messages containing or linking to malware or malicious content;
• messages using forged, deceptive or materially misleading sender information or headers;
• messages that unlawfully impersonate another person, business or organisation;
• messages sent to addresses obtained through unlawful harvesting or other prohibited collection methods;
• messages intended to evade spam filters, blocklists, sending controls or abuse-detection systems; or
• messages that otherwise breach applicable law, the Terms of Service or the Acceptable Use Policy.

8. Transactional, Service and Other Messages

Not every electronic message is a marketing message. Messages that are genuinely necessary to provide or administer a Service may be treated differently under applicable law.

Customers must not label a message as transactional, operational or service-related merely to avoid marketing or unsubscribe requirements. If a message contains commercial or promotional content, the Customer remains responsible for determining and complying with the rules that apply to that message.

9. International Messaging

Customers sending messages to recipients outside Australia are responsible for complying with laws that apply to those recipients or sending activities in addition to Australian requirements where applicable.

Hostbyte does not treat the law of one foreign country as automatically applying to all Customers. The Customer is responsible for determining which messaging and privacy requirements apply to its campaigns and recipients.

10. Sending Limits and Mail Controls

Hostbyte may apply sending limits, rate limits, connection limits or other technical controls to protect mail-system stability, security, deliverability and IP or domain reputation.

Limits may vary between Services and may be adjusted where reasonably necessary because of sending patterns, complaints, blocklisting, unusual activity, a compromised account, supplier requirements or other material operational or security concerns.

Remaining below a technical sending limit does not mean that sending activity is lawful or permitted. A Customer may breach this policy even where the number of messages sent is below an applicable technical limit.

11. Compromised Accounts and Mailboxes

A Customer may be the victim of a compromised website, mailbox, password or account. Where Hostbyte reasonably believes a Service is sending unauthorised or malicious email, we may take immediate protective action to contain the incident.

Protective action may include disabling outgoing email, applying rate limits, suspending an affected mailbox or script, resetting credentials, blocking malicious traffic or temporarily restricting the affected Service.

Taking protective action does not mean that Hostbyte has concluded that the Customer intentionally sent the messages. Where practicable, we will work with the Customer to secure the affected Service and restore normal operation once the material risk has been addressed.

12. Reputation, Blocklisting and Remediation

Customers must not use the Services in a way that materially damages or is reasonably likely to damage the reputation of Hostbyte mail systems, domains, IP addresses, upstream providers or other Customers.

If Customer activity causes or materially contributes to blocklisting, excessive complaints, reputation damage or delivery restrictions, the Customer must reasonably cooperate with investigation and remediation.

Where specialist or third-party remediation is reasonably required because of Customer activity, any charge to the Customer will be disclosed where practicable and will only be imposed where permitted by the applicable agreement and law.

13. Resellers and End Users

Customers who resell or provide Services to others must take reasonable steps to ensure their end users comply with this policy.

The Customer remains responsible for managing its Service and responding promptly to credible spam, abuse or compromised-account reports involving its users.

14. Investigation

Hostbyte may investigate suspected spam or abuse using information reasonably available to us, including mail logs, message headers, delivery records, complaint information, security alerts and technical indicators.

We do not claim a general right to read private Customer communications. Access to message content will be limited to circumstances where it is reasonably necessary to provide requested support, investigate or contain abuse or a security incident, comply with law, or where otherwise authorised.

Customers must reasonably cooperate with an investigation and may be asked to provide evidence of consent, mailing-list provenance, campaign information or other information relevant to determining whether sending activity is permitted.

15. Enforcement and Protective Action

Hostbyte will have regard to the nature, seriousness, urgency and impact of an issue when deciding what action is appropriate. Where practical and appropriate, we may first issue a warning or remediation request.

For serious or urgent matters, including phishing, malware, compromised accounts, significant spam activity, blocklisting or material risk to other Customers or mail-system reputation, Hostbyte may immediately restrict or suspend affected sending before giving notice.

Action may include rate limiting, blocking messages, disabling outgoing email, suspending a mailbox, script, website or Service, resetting credentials, or applying other reasonable technical controls.

Serious, repeated, unlawful or unremedied breaches may result in termination in accordance with the Terms of Service and applicable law.

16. Reporting Spam or Abuse

Spam or abuse reports should include enough information for Hostbyte to investigate, such as the affected domain or account, full message headers where available, timestamps, examples of the message and any relevant supporting information.

Reports may be submitted through the Hostbyte client portal or other published support channels. We may request additional information where reasonably necessary to assess the report.

17. Changes to this Policy

Hostbyte may update this policy to reflect changes in law, regulation, technology, security threats, supplier requirements or reasonable operational practices.

The current version will be published through the Hostbyte website or client portal with a version or last-updated date. Material changes affecting existing Customers will be notified where required or reasonably practicable, in accordance with the Terms of Service.

18. Contact

Questions about this policy or reports of spam and messaging abuse may be directed to Hostbyte using the details below.