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INTERNET ACCEPTABLE USAGE POLICY

The INTERNET ACCEPTABLE USAGE POLICY

Please read this document carefully before accessing Connected Australia’s network and systems. By using any Connected Australia internet service, you agree to comply with the terms of our acceptable internet usage policy.

  1. OBJECTIVE

The Internet Acceptable Use Policy (“Policy”) sets out the rules which apply to the use of our broadband internet connection services (“Internet Services”), which includes your responsibilities, liabilities and permitted and prohibited uses of those services.

Compliance with this Policy secures you and other people to enjoy optimum use of our Internet Services continually.

2.APPLICATION

This Policy applies to all clients who acquire Internet Services from us. Your obligation to comply with this Policy includes your responsibility to make certain anyone who you allow to use your Internet Service also complies with this Policy.

If you fail to observe with this Policy (including by any individual who you allow using your Internet Service) may lead to the suspension, disconnection or termination of your Internet Service.

  1. RESPONSIBLE USAGE

You are accountable for your actions on our telecommunications network (“Network”) and systems you gain access to your Internet Service. If you do anything irresponsibly or recklessly in using your Internet Service, you may endanger any person or the integrity or security of our Network, systems or equipment. Doing so your access may be suspended, restricted, or terminated, without prior notice. In particular, you agree that you will not use, attempt to use or allow your Internet Service to be used to:

store, send or distribute any offensive or obscene content or material which is restricted, prohibited or otherwise unlawful under any applicable law such as Commonwealth, State or Territory law to another individual;

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 that may give rise to civil or criminal proceedings;

store, send or distribute confidential information and content, copyright material or others which are subject to third party intellectual property rights, unless you have gained a lawful right to do so;

do anything, including store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing, using or enjoying the Internet, our Services, Network or systems;

do anything which is illegal, fraudulent or otherwise prohibited under any applicable Commonwealth, State or Territory law or which is in breach of any code, standard or content requirement of any other competent authority;

forge header information, source email address or other user information;

use another person’s name, username or password or otherwise attempt to gain access to the account of any other Customer;

tamper with, hinder the operation of or make unauthorised modifications to any network or system;

access, download, store, send or distribute any viruses or other harmful programs or material;

access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;

compromise the security or integrity of any network or system including our Network;

send or spread unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out in clause 4, or overload any network or system including our Network and systems; or

authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.

4.SPAM

In this Policy, “Spam” means one or more unsolicited commercial electronic messages to which the Spam Act 2003 applies, and derivations of the word “Spam” have corresponding meanings.

4.1 CODES OF PRACTICE

The Internet Industry Codes of Practice registered with the Australian Communications and Media Authority (“ACMA”) set out how internet service providers, such as Connected Australia, and email service providers must address the sources of Spam within their networks. They also require internet service providers and email service providers to give end-users information about how to deal with Spam and informed choice about their filtering options.

4.2 SUSPENSION OR TERMINATION

This Policy prohibits you from using your Internet Service to send Spam. If you breach this prohibition, Connected Australia may suspend or terminate your Internet Service. The circumstances in which we may do so are set out in section 11 below.

4.3 REDUCING SPAM

You can minimise the amount of Spam you receive if you:

do not reply to Spam or click on links, including ‘unsubscribe’ facilities, in Spam;

do not open emails from dubious sources;

do not accept Spam-advertised offers;

Do not post your email address on publicly available sites or directories. If you must do so, look for options, such as tick boxes, that allow you to opt out of receiving further offers or information.;

block incoming mail from known Spammers;

use different email addresses for different purposes, such as a personal email address for friends and family and a business email address for work;

do not reveal your personal information to any online organisation unless they agree (in their terms and conditions or privacy policy) not to pass your information on to other parties;

Install a Spam filter on your computer to filter or block Spam. We strongly recommend that you install a Spam filter on your computer, even if you receive a Spam filtering service from Connected Australia.

Information on the availability of anti-Spam software for end-users is available at the Internet Industry Association (IIA) website.

Report any Spam you receive to Connected Australia or the ACMA (see “Complaints” below); and

visit [the ACMA website] or [‘Fight SPAM on the Internet’ website for more information on ways to reduce the volume of Spam you receive, including how to:

reduce Spam if you operate a website; and

avoid becoming an accidental Spammer.

4.4 YOUR SPAM OBLIGATIONS

You agree that you will use your Internet Service in compliance with the Spam Act 2003 and will not engage in practices which would result in a breach of the Act. In particular, you agree that you will not use, attempt to use or allow your Internet Service to be used to:

send, allow to be sent, or assist in the sending of Spam;

use or distribute any software designed to harvest email addresses;

host any device or service that allows email to be sent to third parties, not under your authority or control; or

otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth, (your “Spam Obligations”).

You agree to use your reasonable best endeavours to secure any device or network within your control against being used in breach of your Spam Obligations by third parties, including where appropriate:

the installation and maintenance of antivirus software;

the installation and maintenance of firewall software; and

the application of operating system and application software patches and updates.

We may scan any IP address ranges allocated to you for your use of your Internet Service to detect the presence of open or otherwise misconfigured mail and proxy servers. If we detect open or misconfigured mail or proxy servers, we may suspend or terminate your Internet Service. The circumstances in which we may do so are set out in section 11.

5.EXCESSIVE USE

You must use your Internet Service by any download or capacity limits stated in the specific plan that you subscribe to for the utilisation of that Service. We may restrict, 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.

6.SECURITY

You are liable for maintaining the security of your Internet Service, including protection of account details, passwords and protection against unauthorised usage of your Service by a third party. We recommend that you take appropriate security measures such as the installation of a firewall and use up to date anti-virus software. You are responsible for all charges incurred by other persons who you allow to use your Internet Service, including anyone to whom you have disclosed your

password and account details.

7.COPYRIGHT

It is your responsibility to make sure that you do not infringe the intellectual property rights of any person about any material that you access or download from the Internet and copy, paste, store, send or distribute using your Internet Service.

You must not use your Internet Service to copy, adapt, reproduce, distribute or otherwise make available to other persons any content or material (including but not limited to music files in any format) which is subject to copyright. You must not do any other acts about such copyright material which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 (Cth) or any other applicable laws.

You acknowledge and agree that we are entitled to immediately cease hosting and to remove from our Network or systems any content upon receiving a complaint or allegation that the material infringes copyright or any other intellectual property rights of any person.

8.CONTENT

You are responsible for determining the content and information you choose to access the Internet when using your Internet Service.

It is your responsibility to take all steps you consider necessary (including the use of filtering programs) to prevent access to offensive or obscene content on the Internet by children or minors who you allow to use your Internet Service. You may obtain further information on content filtering products at the Internet Industry Association (IIA) website.

You must not use or attempt to use your Internet Service to make inappropriate contact with children or minors who are not otherwise known to you.

You are responsible for any content you store, send or distribute on or via our Network and systems including, but not limited to, content you place or post on web pages, email, chat or discussion forums, bulletin boards, instant messaging, SMS and Usenet news. You must not use such services to send or distribute any content which is prohibited, deemed obscene or offensive or otherwise unlawful under any applicable Commonwealth, State or Territory law, including to send or distribute classes of restricted content to children or minors if that is prohibited or an offence under such laws.

Your failure to comply with these requirements may lead to immediate suspension or termination of your Internet Service without notice. If we have reason to believe you have used your Internet Service to access child pornography or child abuse material, the law requires us to refer the matter to the Australian Federal Police.

9.REGULATORY AUTHORITIES

You must label or clearly identify any content you make available using your Internet Service. Following the applicable classification guidelines and National Classification Code (issued under the Classification (Publications, Films, and Computer Games) Act 1995 (Cth)) or any industry code which applies to your use or distribution of that content.

Commonwealth legislation allows the ACMA to direct us to remove from our Network and servers any content which is classified, or likely to be classified, as ‘prohibited’ content. We also co-operate fully with law enforcement and security agencies, including