Acceptable Usage

This is Affernet’s Acceptable Use Policy (“AUP or Policy“). It applies to you if you have obtained services from Affernet (Services). From time to time, we will make amendments to this Policy you agree to comply with the terms of this Policy as amended. If you continue to use the services after publication of any change, it will constitute your acceptance of the amended terms.

You are responsible for ensuring that you and any other user of your account are aware of this AUP and always comply with this AUP.

1. Unacceptable Uses

1.1 Breach of Law.

You must not use our Services, attempt to use the Services or allow the Services to be used for any acts which may or do in fact result in a breach of a law (including the Broadcasting Services Act 1982 (Cth)), order or regulation (including a foreign law, order or regulation). These include, but are not limited to:

Actual or possible damage to property or injury to any person, including harassment, menace or stalking of a person;

Publishing, downloading or transmitting any Prohibited Content or Potentially Prohibited Content. This includes content which is or would be classified RC, X18+ or R18+ by the Classification Board.

Publishing, downloading or transmitting Restricted Content, that is content that is likely to be considered unsuitable for minors without using appropriate warnings and/or labelling systems for that content;

Publishing or transmitting material which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality; or which is obscene or defamatory, or which would be considered by a reasonable person to be, offensive or abusive;

To engage in any misleading or deceptive business or marketing practice;

Providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

Infringement on the rights of a third party including intellectual property rights and moral rights.

1.2 Impeding our Services

You should not use our Services in such a way that impedes our supply of Services to other customers including:

adversely affecting another person’s use of or access to the Service or the network;

abnormal or excessive use of your service which may result in significant network congestion or disruption;

compromising the security or integrity of any network or system, or causing interference, disruption, congestion or sub-optimal network performance;

probing, scanning or testing the vulnerability of a network or system, or breaching the security or authentication measures for a network or service;

accessing, downloading, storing, sending or distributing viruses, spy software or other harmful material;

making or receiving transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;

undertake acts that waste resources or prevent other users from receiving the full benefit of our services;

manipulating or bypassing our content usage limits;

undertake activities which cause or may cause third party service providers to place Affernet’s IP addresses on a black- list and/or block those IP addresses;

soliciting subscribers to become subscribers of other competitive services; or

authorising, aiding, abetting, encouraging or inciting any other person to do or attempt to do any of the above.

1.3 Spam and Malware

You must not use our Services, attempt to use our Services or allow our Services to be used for spamming or malware including:

send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;

providing a capability on a site which permits third parties to send spam;

In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data;

To access or use systems, networks or data (including through open relay, port probing and the use of packet sniffers) with-out consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you.

1.4 Spam and Virus filters

You agree to Affernet’s use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters.

2. Unintended Use

2.1 Overview

You must not use our Services, attempt to use the Services or allow the Services to be used in an unintended way. Your use of a service will be considered unintended if you use it in a way which is not for the purpose which the service was intended for, such as using the service in a way that is not personal use (if you are a residential customer).

2.2 Unintended use includes, but is not limited to, the following:

using the service in a way that a reasonable person wouldn’t regard as ordinary;

if you’re a residential customer, using the service in a way which isn’t reasonably regarded as ordinary personal use (e.g. using a residential service for commercial purposes);

if you’re a business customer, using the service in way which isn’t reasonably regarded as ordinary business use; or

using the service for re-supply to another person or in a way that an ordinary person would reasonably regard as commercial use, unless your service was described to be used for commercial purposes.

3. Internet Use

3.1 Access or use of the Internet

Where your Service allows you to access the Internet, you agree to ensure your access or use of the Internet (whether by yourself or by any third party who uses your service with or without your consent) is lawful and is not in breach of this AUP.

3.2 Regulatory bodies

Affernet may, in its absolute discretion or where directed by a regulatory or other law enforcement body, block access to, re- move, or refuse to post any content which you attempt to post which we consider offensive, indecent, unlawful or otherwise inappropriate regardless of whether such content is actually unlawful. However, we have no obligation to proactively review or to remove content.

4. Complaint Procedure

4.1 From time to time, we receive complaints from third parties regarding unacceptable uses, allegedly being conducted by customers or their users. We will make reasonable endeavours to resolve such complaints by working with customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to the customer.

4.2 If we are unable to resolve the complaint by working with customers, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise and direct us to provide to third party complainants your email contact details for the purposes of resolving such disputes.

5. What We May Do to Ensure That This Policy is Being Followed

5.1 We may monitor your account and your Service to determine whether our AUP is being followed but will respect your privacy.

 5.2 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 further notice to you;

where applicable, restrict the speed of your nbnTM broadband service to 256kbps/256kbps; and/or

notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

5.3 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;

if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended);

if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).

5.4 You agree that you will have no claim against us in respect of any action reasonably taken in our implementation of the terms of this AUP, and you indemnify us against any claim by your end user arising out of our actions.