AussieISP Acceptable Use Policy
Last modified: 1 April 2001

Please Note: D&M Technologies Pty Ltd (ACN 095 128 966) ("The Company or AussieISP") may revise this Acceptable Use Policy from time to time by posting a new version of this document on the AussieISP web site (at http://www.aussieisp.com). Any new version will be effective on the date nominated in the posting and it is the customers responability to check the document regularly to confirm that they are in compliance of these conditions. In the event of a conflict between the term(s) of any Customer Terms and this Acceptable Use Policy, the term(s) of the Acceptable Use Policy will govern. Questions regarding this Acceptable Use Policy and complaints of violations of the Acceptable Use Policy by other AussieISP users can be directed to our Abuse team via email at abuse@aussieisp.com

Introduction
The Service uses resources that are shared with many other customers. Moreover, the Service provides access to the Internet which is used by millions of other users. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available from the Service, and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive experience. 
Your use of the Service is subject to the following rules and guidelines. Each customer of AussieISP is responsible for ensuring that the use of the Service through their account complies with the rules and guidelines contained in this Acceptable Use Policy. The consequences of violation of this Acceptable Use Policy are prescribed in Section 9 of this Acceptable Use Policy, and include the right for AussieISP to immediately terminate the provision of the Service. 
The company provides a variety of Internet services to both residential and commercial customers. In summary if you have an unlimited time and download account with a session limit (all $18.95 per month or $50 per 3 month customers) you should be using the service predominately for personal use. Also, while Unlimited accounts do not incur charges for extra time or downloads you need to be aware that an unlimited account is not a permanent connection and cannot be treated as such. You must be in front of the computer at all times when you are connected. 
All permanent accounts can be used for either business or personal use and can remain on 24 hours a day, 7 days a week. 

1. Illegal Activity
1.1. You must not use the Service for any activity that violates any local, state, federal or international law, order or regulation. 
Prohibited activities include, but are not limited to: 
a. Posting, disseminating or in some cases accessing material which is unlawful. This includes material that is or would be classified RC or X and includes material that is or would be classified R where a restricted access system is not in place. Such content includes but is not limited to: 
     i. material containing detailed instruction in crime, violence or drug use; 
     ii. child pornography; 
     iii. bestiality; 
     iv. excessively violent or sexually violent material; 
     v. real depictions of actual sexual activity; 
     vi. obscene material; and 
     vii. content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the Australian Broadcasting Authority (ABA). For more information about the regulatory regime applying to online content go to www.aba.gov.au 
b. Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain. 
c. Pyramid or other illegal soliciting schemes. 
d. Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature. 

2. Security
2.1. You are responsible for any misuse of the Service, even for example, if the misuse was committed by a friend, family member, guest, employee or customer with access to your Service. You are also responsible for any misuse of your Service regardless of whether the misuse was with or without your consent. Therefore, you must take steps to ensure that others do not gain unauthorised access to your Service.
2.2. The Service must not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. It also must not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security (such as password guessing programs, cracking tools, packet sniffers or network probing tools) is prohibited. 
2.3. You must not disrupt the Service or the companies networks through which the Service is provided. The Service also must not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. 
2.4. You are solely responsible for the security of any device you choose to connect to the Service, including any data stored on that device. In particular, AussieISP recommends against enabling file or printer sharing of any sort. AussieISP recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

3. Inappropriate Content
3.1. There may be content on the Internet or otherwise available through the Service which may be offensive to some individuals, or inappropriate for children. For example, it is possible to obtain access to content which is pornographic, offensive and/or unsuitable for children. AussieISP assumes no responsibility for the content contained on the Internet or otherwise available through the Service. You must assume the risk of accessing content through the Service, and AussieISP shall have no liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. However, one of the ways of minimising the risk of accessing illegal or offensive content as well as managing children's use of the Internet is to use a filter software product. AussieISP provides access to filter products (at a charge) for all of its Aussie ISP subscribers. "Access to these services is available by via the web page www.netnanny.com”. You have the right to make complaints to the ABA about Internet content which is or would be rated R, X or RC. Please refer to the ABA home page (www.aba.gov.au) for information on ways to control content accessible on the Internet. 
3.2. You are solely responsible for any information which you publish on the web or other Internet services. You must also ensure that the recipient of the content is of an appropriate age. For example, you must take appropriate precautions to prevent minors from receiving your content that may be inappropriate. This includes implementing a Restricted Access System on content that is or would be rated R by the Classification Board. For further information about Restricted Access Systems see http://www.aba.gov.au.
AussieISP reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. This includes, but is not limited to: obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trade marks, for example) or is likely to be defamatory of another person. For the purposes of this Acceptable Use Policy, "material" refers to all forms of communication including narrative descriptions, graphics (including photographs, illustrations, images, drawings and logos), executable programs, video recordings, and audio recordings. Commonwealth Legislation allows the Australian Broadcasting Authority (ABA) to direct AussieISP to remove certain prohibited or potentially prohibited content from its servers or prevent users from accessing certain Internet content. AussieISP may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing or suspending your Account, filtering the Internet content made available to you or restricting access to a particular website. Optus may take these steps at any time and without notice to you. 
3.3. AussieISP is under no obligation to monitor transmissions made on the Service. However, AussieISP or its agents, have the right to monitor such transmissions from time to time and to disclose the same in accordance with the Customer Terms.
3.4. By using the Service to reproduce, publish, display, transmit or distribute content, a user is warranting that the content complies with this Acceptable Use Policy and authorises AussieISP or its agents to reproduce, publish, display, transmit and distribute such content as necessary for AussieISP to deliver the content in a timely manner.

4. Electronic Mail
4.1. The Service must not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages must only be sent to those who have explicitly requested it. 
4.2. The Service must not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.
4.3. The Service may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Acceptable Use Policy or the equivalent Acceptable Use Policy or policy of any other Internet service provider or web site. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the AussieISP Network.
4.4. Forging, altering or removing electronic mail headers is prohibited. 
4.5. You may not reference the AussieISP Network (e.g. by including "organisation: AussieISP" in the header or by listing an IP address that belongs to the AussieISP Network) in any unsolicited email even if that email is not sent through the AussieISP Network
4.6. "Mail bombing" is prohibited (i.e. you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files, to a recipient with the intent to disrupt a server or account).
4.7. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. 
4.8. AussieISP is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily at the sole discretion of AussieISP.
4.9 AussieISP only supports the use of webmail via the everyone.net network. You agree that POP email will not be provided to you and you must access your email from the AussieISP website. AussieISP places advertising on these sites which may be rated PG13.

5. Newsgroups
5.1. Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.
5.2. Posting or cross-posting the same or substantially similar messages to more than eight newsgroups is prohibited. Our news software will automatically cancel any messages posted to nine or more newsgroups. 
5.3. Binary files may not be posted to newsgroups not specifically named for that purpose. Users posting binary files to groups with policies concerning the permissible daily volume of posted files are required to observe those limitations.
5.4. Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
5.5. AussieISP reserves the right to discontinue access to any Usenet newsgroup at any time for any reason.
5.6. You may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text. Messages may not be cancelled, except by the author or by official newsgroup moderators performing their duties.
5.7. The Usenet news service included within the Service is provided for interactive use by the subscriber, using a commonly-available NNTP (Network News Transfer Protocol) client such as Outlook Express. Non-interactive clients which download Usenet articles in bulk are prohibited.

6. Internet Relay Chat
6.1. The Service may be used to participate in "chat" discussions. These discussions may be hosted by AussieISP Network servers, by third party servers or may not involve any servers at all. In all cases, AussieISP does not normally monitor the contents of the discussion and is not liable for the contents of any communications made via Internet chat.
6.2. The Service must not be used to perform chat "flooding". Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. 
6.3. Any computer or other device connected through the Service must not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as "bots" or "clones". Automated programs must not be used when the account holder is not physically present at the device. 
6.4. The Service must not be used to send messages which disrupt another Internet user's equipment, including software, hardware and user display. 
6.5. The Service must not be used to access any chat server in violation of the acceptable use policy of that server. The Service must not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorised. 
6.6. A customer must not use the Service to connect to chat servers or channels from which they have been previously banned.
6.7. The Services must not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages. 
6.8. Forging, altering or obscuring your identity (other than using a nickname from which AussieISP could if necessary determine your real name) while participating in chat sessions is forbidden. 

7. WebSpace
7.1. As part of some Service(s), AussieISP provides storage space and access for web pages through its personal WebSpace service. You are solely responsible for any information that you publish on your personal WebSpace. You must ensure that the intended recipient of the content is of an appropriate age. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. This includes implementing a Restricted Access System on content that is or would be rated R by the Classification Board. For further information about Restricted Access Systems see http://www.aba.gov.au.
AussieISP reserves the right to remove or refuse to post any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. This includes, but is not limited to: obscene material, defamatory, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trade marks, for example). For purposes of this Acceptable Use Policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings and audio recordings. 
7.2. AussieISP will not routinely monitor the contents of your WebSpace. However, AussieISP have the right to monitor such content and, if complaints are received regarding language, content or graphics contained on your web pages, AussieISP may remove the web page hosted on the AussieISP Network servers and terminate your Personal WebSpace service if AussieISP determines that you have violated the terms of this Acceptable Use Policy.

8. Bandwidth, Data Storage and Other Limitations
8.1.The Service is primarily a residential consumer product that must only be used for personal use of the Internet by you and the residents of your household. For example, the Service does not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use.
8.2. You must at all times comply with the current bandwidth, data storage and other limitations of the Service. Users must ensure that their activity on the AussieISP Network does not represent (in the sole judgment of AussieISP) an unusually large burden on the AussieISP Network. This is necessary to ensure that the quality of the service is not impacted upon given the physical constraints and residential consumer orientation of the service. Users must also ensure that their activity does not improperly restrict, inhibit or degrade any other user's use of the Service.
8.3. You will be deemed to represent an unusually large burden on the AussieISP Network if the bandwidth you utilise via the Services (your 'Usage') exceeds ten (10) times the Average Customer Usage during any Usage Period. If your Usage exceeds ten (10) times the Average Customer Usage during a Usage Period you will be in automatic breach of this Acceptable Use Policy and the Customer Terms and AussieISP will be entitled to immediately terminate the supply of the Services to you without further notice. 
8.4. You may be warned when your usage level exceeds eight times the average usage, however generally no action to terminate your service will take place until you have been given a reasonable opportunity (in most cases 7 days) to decrease your usage to within acceptable limits. We however retain the right to terminate your service immediately if your actions interfere with the efficient running of the service.
8.5 For the purpose of this clause; 
a. 'Average Customer Usage' means the average amount of bandwidth consumed by all users of the Service over the Usage Period (after removing from the calculation the highest and lowest 5% of bandwidth users), as determined by AussieISP. To do this, AussieISP will use information gathered from the users' modems. The intention of the 'normalisation' of the Average Customer Usage is to avoid skewing the calculation towards the extremities of usage. 
b. 'Usage Period' means any consecutive 30 day period during which AussieISP provides the Service to you. The 'rolling' nature of the Usage Period is deliberate and designed so that that trends in the user's Usage are evident and that an intense one-off period of usage in itself may not cause the user to breach the threshold of ten (10) times' Average Customer Usage; 
c. a 'day' runs from midnight to midnight; 
d. the Monitor normally updates daily; 
e. AussieISP may at its sole discretion, adjust the calculation of your Usage or the Average Customer Usage over any days within the Usage Period due to any factors that, in AussieISP’s opinion, may have a significant impact on those calculations. 
8.7 In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede AussieISP’s ability to deliver the Service and monitor the Service, backbone, network nodes, and other network services and components (both software and hardware) of the AussieISP Network.
8.8 You must not resell, share or otherwise distribute the Service (or any portion thereof) to any third party without the prior written consent of AussieISP. For example, you must not provide Internet access to others through a dial up or wireless connection, host shell accounts over the Internet, provide email or news service or send a news feed. 
8.9 You must not run network services or provide network services to others via the Service. The use of a Local Area Network (LAN) for personal use is permitted. Some of the AussieISP residential services include personal WebSpace accounts for publishing personal web pages. Examples of prohibited use include, but are not limited to, providing network services for e-mail, http, (Hypertext Transfer Protocol) ftp, (File Transfer Protocol) irc, (Internet Relay Chat) dhcp (Dynamic Host Configuration Protocol) or multi-user interactive forums.
8.10 Automated programs such as "bots" or "clones" must not be used when you are not physically present at the device.

9. Violation of Acceptable Use Policy
9.1. AussieISP is not obligated to regularly monitor your usage of the Service. However, in its efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware that you or someone with access to your Service has violated this Acceptable Use Policy or the Customer Terms or you or someone with access to your Service, has used the Service in an inappropriate manner. Although AussieISP has no obligation to monitor the Service, AussieISP reserves the right to monitor your bandwidth, usage or content, to identify violations of this Acceptable Use Policy; and to protect the AussieISP Network and other users of this Service. 
9.2. AussieISP prefers to advise customers of inappropriate behaviour and any necessary corrective action it deems necessary in its sole discretion. However, if the Service is used in a way which AussieISP, in its sole discretion, believes violates this Acceptable Use Policy, AussieISP may take any responsive action it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. AussieISP has no liability for any such responsive actions. The above-described actions are not AussieISP's exclusive remedies and AussieISP may take any other legal or technical action it deems appropriate. 
9.3. AussieISP reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on AussieISP's servers and network. During an investigation, AussieISP may suspend the account or accounts involved and/or remove material which potentially violates this Policy. 
9.4. You hereby authorise AussieISP or their agents, to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Acceptable Use Policy. Such cooperation may include AussieISP providing the username, IP address, or other identifying information about a user. Upon termination of an account, AussieISP is authorised to delete any files, programs, data and email messages associated with such account. 
9.5. The failure of AussieISP to enforce this Acceptable Use Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Acceptable Use Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Acceptable Use Policy is governed by the laws of the state of New South Wales. You agree to submit to the jurisdiction of the courts of that state.