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1 Introduction

1.1 This Schedule outlines the Usage Policy by which the Supplier provides Service to Client.

1.2 This Schedule is designed to ensure that:
(a) the use of the Services by Client and all other Clients and users is maintained at an optimum level by mitigating and minimising disruptions and outages caused by use of such Services outside the terms of this Agreement; and
(b) the Client understands its obligations to comply with all laws which apply to content which we may host or which may be transmitted over telecommunications networks.

 

2 Responsibilities of Client

2.1 The Client and its Authorised Users must:
(a) use the Services in a manner which complies with all Laws;
(b) provide the Supplier with any changes to Authorised User access and permissions. The Supplier won’t be liable for any loss or damage arising from Client failing to provide the Supplier with notice of any such changes.
(c) be solely responsible for disseminating or posting content through the Services or publishing on the web pages of Client’s site, including obtaining legal permission to use any works included in such content and/or web pages; and
(d) use the Services in a manner which does not interfere with, jeopardise or disrupt the provision of the Services.

 

3 Unacceptable Usage

3.1 The Client and its Authorised Users must not use the Services:
(a) to violate anyone’s legal rights including Intellectual Property rights in any jurisdiction;
(b) in relation to crimes such as theft and fraud;
(c) to publish or transmit defamatory, obscene, threatening, abusive or offensive material or content;
(d) to facilitate or engage in any activity which is prohibited under the Spam Act 2003 (Cth), any other applicable legislation and regulations, or any policies or regulations of the Australian Communications and Media Authority;
(e) to create or propagate any Harmful Code;
(f) to facilitate or engage in ‘hacking’, including gaining illegal or unauthorised access to any computers, accounts or networks accessible through the internet;
(g) to misrepresent transmission information by forging, deleting or altering message headers, return mail information and/or internet protocol addresses in order to conceal or misidentify the origin of a message;
(h) to carry out security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which Client and its Authorised Users are not an intended recipient or logging into a server or account that Client and its Authorised Users are not expressly authorised to access or corrupt any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, ping floods, packet spoofing, denial of service, scraping and forged routing information for malicious purposes;
(i) to execute any form of network monitoring which will intercept data not intended for Client;
(j) to circumvent user authentication or security of any of the Supplier’s hosts, networks or accounts or those of the Supplier’s Clients or the Suppliers;
(k) to interfere with or denying service to anyone;
(l) to send any form of harassment via email, or any other form of messaging, whether through the language, frequency or size of messages; and
(m) in breach of any person’s privacy (such as by way of identity theft or phishing).

 

Last update: 19 November, 2019

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