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Acceptable Use Policy

Some General Principles
Acceptable Uses
Unacceptable Uses
Third Party Complaint Process
What We May Do To Ensure That This Policy Is Being Followed

This is our Acceptable Use Policy. It is intended to ensure that in your use of the Service you have due regard to the law, the ethics of Internet usage, industry policies and the needs of other users.

Please read it carefully. It is a condition of your use of the Service that you comply with the terms of this policy.

Please look out for any amendments to the policy that we might make in the future. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.

1. Some General Principles

We are not responsible for the content of traffic.

We exercise no supervision or control whatsoever over the content of the information passing through the Service. We do not assume any responsibility for information not sent or expressly authorised by us. The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic. We accept no responsibility for the consequences of unauthorised breach of our system security such as hacking, computer viruses or denial of service attacks.

2. Acceptable Uses

You have responsibilities. It is your responsibility for yourself and for others whom you permit or enable to use the Service to:

Use the Service in a manner which does not violate any applicable laws or regulations; respect the conventions of the newsgroups, lists and networks that you use; respect the legal protection afforded by copyright, trade marks, licence rights and other laws to materials accessible via the Service; respect the privacy of others and to observe the provisions of our privacy policy as current from time to time; use the Service in a manner which does not interfere with or disrupt other network users, services or equipment; refrain from acts that waste resources or prevent other users from receiving the full benefit of the Service; and comply with our terms and conditions of supply.

Use must be ethical. Your use of the Service should be ethical and in accordance with accepted community and industry standards.

Compliance with Code. When using this Service you should comply at all times with the Internet Industry Code as published by the Australian Broadcasting Authority and the Internet Industry Association at their respective web sites, the URLs of which are www.aba.gov.au and www.iia.org.au, respectively. In particular you must use appropriate labelling systems, in respect of content which is likely to be considered unsuitable for children according to the National Classification Code, though not Prohibited or Potential Prohibited Content (as those terms are used in the Broadcasting Services Act 1992).

3. Unacceptable Uses

You must comply with the Law. You must not use the Service for any purpose which violates State, Territory, Commonwealth or international laws or codes.

Specific kinds of use are not allowed. You must not use the Service to do any of the following ("Unacceptable Conduct"):

Send any unsolicited electronic mail messages in any form (otherwise known as "spam"); violate copyright or other intellectual property rights; illegally store, use or distribute software; transmit threatening, libellous, obscene or offensive materials; engage in electronic 'stalking' or any other form of harassment such as using abusive or aggressive language; misrepresent or defame others; commit fraud, gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet; damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties; engage in misleading or deceptive on-line marketing practices; conduct any business or activity or solicit the performance of any activity that is prohibited by law; make an unauthorised transmission of confidential information or material protected by trade secrets; intentionally omit, forge, delete or misrepresent transmission information including headers, return mailing addresses, Internet protocol addresses; engage in any activity intended to withhold or mask your corporate identity or contact information; or attempt to do any of these things.

Disruption of the Service is not allowed. In particular, for example, you must not:

Distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (which may be referred to as "spamming"); send unsolicited commercial messages; propagate computer worms, viruses and other types of malicious programs; make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of the Service, or its performance for other subscribers; harass other users; and use the Service to interfere with or disrupt other network users, services or equipment.

Soliciting subscribers to other services is not allowed. You must not use the Service to solicit subscribers to become subscribers of other competitive services.

Resale of the Service is not allowed. Resale of the Service to others is strictly forbidden under all circumstances unless expressly approved by us in writing.

4. Third Party Complaint Process

We receive from time to time complaints from third parties ("Complaints") regarding Unacceptable Conduct, allegedly being conducted by customers. We will make reasonable endeavours to resolve such complaints by working with customers. The complaint process set out here does not apply to complaints which are the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to you.

Our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Therefore, you authorise and direct us to provide to third party complainants your relevant email contact details.

We will take the following steps to deal with third party complaints received by us in relation to a customer:

First Notification:

Upon receipt of first notification by a third party of alleged Unacceptable Conduct by a customer ("First Complaint"), we will contact the customer notifying them of the complaint and a brief summary of the particulars ("First Notice"); we will also send a letter or email to the complainant notifying it of our policy and procedures in respect of the Unacceptable Conduct complained of, along with direct contact details for the customer which is the subject of the complaint.

Second Notification:

If a second complaint is received by us in respect of the same or similar Unacceptable Conduct described in the First Complaint, which indicates to us that the conduct complained of in the First Complaint is continuing ("Second Complaint"), we will send a letter or email to the customer enclosing a copy of the Second Complaint and request a written explanation to be provided within seven business days as to the customer's explanation for the complaint and proposed course of action to resolve it. If a customer fails to respond to the second notification within the period stipulated or if we are not satisfied with the response, we may: bill the customer $500 for our ongoing administrative costs of the dispute or such higher costs as may be incurred by us; and if we consider the Complaint to be material, suspend or terminate the customer's Service without further notice.

Third Notification:

If we receive a third notification after the Second Notice, which indicates to us that the activity complained of in the Second Complaint is continuing, we will send a letter or email to the customer ("Third Notice") and require that the activity complained of cease forthwith. If within two business days after the date of the Third Notice the customer has not ceased the activity or shown us to our satisfaction that the dispute has been resolved, we may without further notice to the customer terminate or suspend provision of the Service to the customer until further notice and bill the customer $1,000 to cover our administrative costs of the dispute or such higher amount as we may actually incur.

5. What We May Do To Ensure That This Policy Is Being Followed

We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.
We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:
Warn you by email (but we are not obliged to do so); suspend your access to the Service; terminate your account without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
In the event of taking action under 5.2 we reserve the right to delete any or all of your information, material, software or other content stored on our system at our sole discretion.
We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:
Where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the customer data is illegal, offensive, objectionable or in breach of a third party's rights; and if we are directed to do so by the ABA under a take-down notice or other determination or are required to do so under any industry code (whether or not directed to so comply) in accordance with our obligations under the Broadcasting Services Act 1992, and you will be deemed to be in breach of the terms of this Acceptable Use Policy.
You agree that you will have no claim against us in respect of any action reasonably taken by us in our implementation of the terms of this Acceptable Use Policy, and you indemnify us against any claim by a third party arising out of the same.