Schedule 5 Internet and Email Acceptable Use Policy

Schedule 5 Internet and Email Acceptable Use Policy

1. Policy

This Acceptable Use Policy sets out the rules which apply to use of our communication services including your responsibilities, and permitted and prohibited uses of those services. Compliance with this Policy ensures you may continue to enjoy and allow others to enjoy optimum use of our Services.

2. Responsibilities

2.1 The Customer is responsible for its actions on our network and systems accessed through the Service. If you act reckless or irresponsible in using the Service or your actions endanger any person or the integrity or security of our Network, systems or equipment, your access may be restricted, suspended or terminated, without prior notice.

2.2 In particular, you agree that you will not use, attempt to use or allow your Internet Service to be used to:
2.2.1> store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable law or which is likely to be offensive or obscene to a reasonable person;
2.2.2 store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless you have a lawful right to do so;
2.2.3 store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;
2.2.4 do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable law or which is in breach of any code, standard or content requirement of any other competent authority;
2.2.5 store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing, using or enjoying the use of our Services, Network or systems;
2.2.6 forge header information, email source address or other user information;
2.2.7 access, monitor or use any data, systems or networks, including another person's private;
2.2.8 information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
2.2.9 compromise the security or integrity of any network or system including our
2.2.10 deliberately access, download, store, send or distribute any viruses or other harmful programs or material;
2.2.11 send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out in this policy, or overload any network or system including our Network and systems;
2.2.12 use another person's name, username or password or otherwise attempt to gain access to the account of any other User without their consent;
2.2.13 tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
2.2.14 aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.

3. Spam

3.1 Also known as junk mail or Unsolicited Commercial Email (UCE), the term "spam" refers to submitting a commercial email or SMS message to a large number of recipients who have not requested or opted to receive it and have no reasonable expectation to receiving email or SMS from the sender.

3.2 Email or SMS sent by a company or an organisation with whom the recipient has established a relationship or which was requested or accepted (opt-in requirement) by the recipient is not considered spam.

3.3 Spamming is not only harmful because of its negative impact on consumer attitudes toward Service Provider, but also because it can overload Service Provider’s network and disrupt service to Service Provider subscribers.

3.4 As a user of a Service Provider service platforms you must comply with any regulation in force that covers direct marketing regulations if you are sending communications to large multiple lists of users.

3.5 In the absence of positive, verifiable proof to the contrary by a User, Service Provider will consider complaints by recipients of emails or SMS messages to be conclusive that the recipient did not subscribe or otherwise request the email(s) or SMS about which a complaint was generated.

4. Excessive use

4.1 You must use your Service in accordance with any download or capacity limits stated in the specific plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our Network or systems.

4.2 If Service Provider determines that excessive bandwidth, disk space utilisation or high CPU loads are adversely affecting Service Provider’s ability to provide service to other users, Service Provider may take immediate action. Service Provider will attempt to notify the account owner as soon as possible.

5. Reasonable Use

Where a data service is specified as Un-metered or Un-limited use reasonable usage is considered to be within 500 GB per month where this usage is exceeded Service Provider reserves the right to apply policies in traffic management to limit or restrict the usage above this level or to terminate the Users access to the Services if the limits continue to be exceeded after notification to the User.

6. Illegal Use

The Service Provider network may only be used for lawful purposes. For example, users may not use the Service Provider network to create, transmit, distribute, or store content that:

6.1 violates a trademark, copyright, trade secret or other intellectual property rights of others,

6.2 violates export control laws or regulations,

6.3 violates the privacy, publicity or other personal rights of others,

6.4 impairs the privacy of communications,

6.5 contains obscene, offensive, unlawful, defamatory, harassing, abusive, fraudulent, or otherwise objectionable content as reasonably determined by Service Provider,

6.6 encourages conduct that would constitute a criminal offense or give rise to civil liability,

6.7 constitutes deceptive online marketing,

6.8 causes technical disturbances to the Service Provider network, its affiliated networks, or the network used by Users to access the Email service, or

6.9 violate the policies of such networks, including, but not limited to, intentional introduction
of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data, or

6.10 assists, encourages or permits any persons in engaging in any of the activities described in this section. If the Customer becomes aware of any such activities, the Customer is obligated to immediately notify Service Provider and take all other appropriate actions to cause such activities to cease.

7. Consequences of Unacceptable Use

Service Provider reserves the right to suspend or terminate User's access to the Services upon notice to the Customer of a violation of this policy. If Service Provider believe that the policy has been breached or the integrity of the network and/or the performance of others users are at risk, then Service Provider will contact the Customer with notice of its intent or to notify the User of the breech of the policy.

8. Broadband Traffic Management Policy

8.1 We undertake traffic management to ensure that our Customers receive optimum performance at all times. The policy applied is as follows:
8.1.1 our broadband products are subject to traffic management to ensure you receive optimum performance at all times.
8.1.2 like other providers we deliver broadband service over a shared network. To provide a sustainable quality broadband service to all our customers we have to manage the network.

8.2 The principles of our network management policies are:
8.2.1 to make sure that time-critical applications like Voice over Internet Protocol
(VoIP) are always prioritised;
8.2.2 to protect interactive applications like web-browsing and Virtual Private Network (VPN) from non-time sensitive download traffic;
8.2.3 to balance the network under demand to cope with exceptional peaks and troughs from day to day and month to month;
8.2.4 provide a 'quality of service' effect, meaning multiple applications running on the same line interact with each other effectively, and use of high demand protocols like Peer-to-Peer (P2P) doesn't swamp time-sensitive traffic such as a VoIP call.

8.3 Traffic types are identified in real-time based on a combination of port, source IP address and DPI signature detection. This allows us at any given time to see exactly what traffic is on the network and who is doing what.

8.4 At times we may prioritise time sensitive traffic such as VoIP by reducing the throughput of the standard traffic.

9. Administration of Policy

The Customer understands that the administration of this policy requires the exercise of discretion and judgment by Service Provider. Service Provider agrees to exercise good faith in its administration of this policy and in making determinations under the policy.