InfiNET Broadband - Acceptable Fair Use Policy

1. General Terms and Application of the policy

This policy applies to all customers who obtain a service from InfiNET Broadband. The policy aims to ensure InfiNET Broadband can provide quality services to its customers where no customers are disadvantaged by the behaviour of others. The Customer’s failure to comply with this Policy (including any authorised person acting on behalf of the customer) could result in the restriction, suspension or termination of the service/s. InfiNET Broadband is a provider of internet, VoIP phone and mobile services to residential and business customers.  

This policy outlines the conditions which apply to the use of any InfiNET Broadband services provided

The residential internet and phone services supplied are not recommended or permitted for business use.

This policy applies to any promotion or plan which is advertised on our website for internet, phone or mobile services.

2. Definitions

Customer: The individual, business or entity entering into the Contract with InfiNET Broadband

Contract: The agreement between InfiNET Broadband and the Customer

Internet: Is the worldwide connection of computer networks that provide and connect services to users. This includes the transfer of files, electronic mail and provision of information

Order Form: Is the InfiNET Broadbands document/s, agreements or online portal requests where the customer orders or changes a service

Policy: Is the contract or agreement between InfiNET Broadband and the customer

Service/s: The service (or product) supplied to the customer by InfiNET Broadband

Terms and Conditions: InfiNET Broadband Terms and Conditions policy can be found on our website at: www.infinetbroadband.com.au

3. Policy Use

InfiNET Broadband reserves the right to vary the terms of the Fair Use Policy at any time. A copy of this policy can be found on our website: www.infinetbroadband.com.au or by contacting Customer Service on 1300 101 414

Unreasonable Use

  1. Without limiting the meaning of ‘unreasonable’, we supply the service and each of the value-added services for the purpose of your personal use.
  2. We consider your use of the service or a value-added service feature, to be unreasonable if you:
    • make or receive calls or send or receive content on our network other than for your own personal use, or
    • use the service for commercial purposes without obtaining our written consent first. Commercial purposes includes, without limitation, the following activities:
      • wholesaling any service (including transit, refile or aggregate domestic or international traffic) on our network
      • using the service (including any SIM card) in connection with a device that switches or reroutes calls to or from our network or the network of any supplier;
      • using the service or a value added service feature in connection with a switch device which overcomes the time cap on free or flat call rates, thus keeping a line open potentially for hours and limiting the ability for other customers to access our network;
      • running a telemarketing business or call centre;
      • downloading content for business use
  1. We may give or withhold our consent, or make our consent subject to conditions, at our discretion.

Acceptable Use

  1. To the extent that your use of the service provides you with access to the Internet, you must be over the age of 18 years of age, or if you are not over 18 years of age, you must obtain the consent of a parent, teacher or other responsible adult prior to accessing the service.
  2. You must not use the service in a manner which interferes with the rights of other users. For example, you must not:
    • provide false user information to us or other users,
    • send large amounts of unsolicited or unwanted emails or message to individuals or individual business accounts, or
    • send any commercial electronic messages in breach of the Spam Act, or iv. gain access to a person’s private information (or attempt to do so).
  3. In using the service, you must not break any laws or infringe the rights of other persons. For example, you must not:
    • distribute or make available indecent, obscene, offensive, pornographic, illegal, or confidential material,
    • defame, harass, or abuse anyone or violate their privacy,
    • contravene any applicable laws,
    • distribute or make available material that is misleading or deceptive as to your identity,
    • infringe any person’s intellectual property rights,
    • monitor data or traffic on any network or system if you do not have the authorisation of the owner of the network or system to do so, or
    • interfere or disrupt the service, any computer system access through it or any other person’s use of it.
  4. You must comply with any rules imposed by any third party whose content or service you access using the service.
  5. You may only use any content accessible through the service for personal and non-commercial purposes. You may not otherwise copy, publish, re-publish, re- distribute, re-communicate, or otherwise commercially exploit such content in any form or by any method whatsoever. For the avoidance of doubt, this prohibition includes framing, linking, posting in news groups and any other form of copying by persons other than as approved by the content provider.
  6. To detect and deal with breaches of this policy and to ensure compliance with any relevant industry code of practice, notification, or direction by any relevant regulatory authority, we:
    • will co-operate with other carriage service providers to control unacceptable user behaviour,
    • may give your details to the police and to other law enforcement agencies if you are suspected of breaking any laws in connection with the use of the service,
    • may implement technical mechanisms to prevent behaviour which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients),
    • may exercise any rights we have under the SFOA, including suspending or cancelling use of the service,
    • may remove any content from our servers,
    • may filter the content made available to you via the service or restrict your access to a particular site,
    • may take any other action we deem appropriate, including taking action against offenders to recover costs and expenses of identifying them.
  7. Acceptable usage of included or unlimited telephone plans refers to:
    • residential calls to standard local and national telephone numbers in Australia,
    • residential calls to Australian mobile phone services in Australia,
    • residential calls to Australian free phone (1800) services

4. Breach of Policy

If your usage is deemed to be outside of the acceptable usage described above, we may ask you to reduce your use of the affected usage type. If usage continues at an excessive level following this request, we may:

  1. suspend or limit your service or your access to these offers, or
  2. terminate the Agreement,

 

In each case immediately and without notice to you.

5. Security

The Customer is responsible for:

  1. maintaining the security of the Service, including protection of account details, usernames and passwords against unauthorised use by a third party;
  2. all charges incurred by other persons whom the Customer authorises or permits to use the Service, including anyone to whom the Customer has disclosed password and account details; and
  3. taking appropriate security measures such as installation of a firewall and use of anti-virus software to protect personal data, computer and other equipment from loss or damage.

6. Third Party Intellectual Property Rights

The Customer must not use the Service to:

7. copy, 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 or do any other acts in relation to such copyright material which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 (Cth) or any other applicable law; or

transmit any material (by email, uploading, posting, or otherwise) that infringes any trademark, patent, trade secret, or other proprietary rights of any third party. The Customer acknowledges and agrees that OntheNet has the right to immediately cease hosting and to remove from its network or systems any material upon receiving a complaint or allegation that the material infringes the copyright or any other intellectual property rights of any person.

8. Access to Internet Content

The Customer is responsible for determining the content and information that is chosen to be accessed on the Internet when using the Service.

8.2. It is the Customer’s responsibility to take all steps considered necessary (including the use of filtering programs) to prevent access to offensive or obscene content on the Internet by children or minors whom the Customer authorises or permits to use the Service.

1. Interaction with InfiNET Broadband Staff

The customer/s will not abuse, intimidate, harass, bully or engage in threatening or offensive behaviour towards our staff. InfiNET Broadband staff reserve the right to terminate any phone call with a Customer, and/or refuse to serve a Customer, if the Customer engages in such behaviour. InfiNET Broadband reserves the right to terminate the customers Service if the Customer engages in such behaviour.

2. Complaints

If the Customer has a complaint about Internet content, the Customer should visit ACMA’s website at www.acma.gov.au/hotline. If the Customer has any questions or concerns about this Policy, please contact the InfiNET Broadband customer service team.

Responsible Usage

4.1. The Customer, or anyone connecting to the Customer’s Service, must use the Service responsibly and in accordance with the law. If the Customer engages in any conduct which could result in injury or damage to any person or property (including OntheNet’s Network, systems and equipment) access to the Service may be restricted, suspended or terminated without prior notice.

4.2. The Customer must not use or attempt to use the Service to store, send, distribute or otherwise make available any content or material which: 4.2.1. defames, harasses, threatens, abuses, menaces, offends or incites violence or hatred against any person or class of persons whether on grounds of gender, race, religion or otherwise;

4.2.2. is prohibited or unlawful under any Commonwealth, State, Territory, or foreign law or classification system, or which is likely to be offensive or obscene to a reasonable person;

4.2.3. is confidential, subject to copyright or any other rights of a third party (unless the user has a lawful right to do so); or

4.2.4. is otherwise illegal, fraudulent or likely to give rise to civil or criminal proceedings.

4.3. The Customer must not use or attempt to use the Service to: 4.3.1. store, send or distribute any viruses or other harmful programs, codes or other malicious software;

4.3.2. hinder, restrict or interfere with the normal operation of OntheNet’s Network, systems and equipment or that of any other person;

4.3.3. access, monitor, use or control any other person’s equipment, systems, networks or data (including usernames and passwords) without their knowledge or consent or to otherwise probe, scan or test the vulnerability of any such equipment, networks, systems or data;

4.3.4. send, relay or otherwise distribute any electronic message, the contents or properties of which have been created, forged or altered for the purpose of impersonating, hiding or otherwise obscuring the original sender or source of that message;

4.3.5. send or distribute unsolicited commercial electronic messages in breach of the provisions of the Spam Act 2003 (Cth). OntheNet may immediately terminate the Service if it believes, at its sole discretion, it is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, the Customer agrees to pay OntheNet liquidated damages from or otherwise connected with the Service, or actual damages to OntheNet, whichever is greatest;

4.3.6. send or distribute any material or take any other action with the aim of overloading any network or system (including OntheNet’s Network and systems);

4.3.7. make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as ’pyramid schemes’, ’Ponzi schemes’, and ’chain letters’;

4.3.8. add, remove or modify identifying network header information in an effort to deceive or mislead. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation;

4.3.9. access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, OntheNet’s or a third party’s security measures, computer software or

hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;

4.3.10. engage in any activity which adversely affects the ability of other people or systems to use OntheNet’s Services or the Internet. This includes ’denial of service’ (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the user’s responsibility to ensure that their network is configured in a secure manner; or

4.3.11. aggregate, redistribute or multi-link a like service provided by us. A ’like service’ being two services that are the same technology. Where this is detected, in OntheNet’s sole opinion, the additional service shall be terminated and data transiting that link shall be charged at a rate of excess data, as set out on the Order Form.

4.3.12. send marketing material by fax or make marketing calls within Australia unless they are compliant with the Do Not Call Register Act 2006 and the Fax Marketing Industry Standard 2011.

4.4. The Customer is responsible for ensuring that all messages sent using the Service are compliant with the relevant legislation applicable to the message type and/or location or country of the recipient.

4.5. The Customer must not authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the acts or engage in any of the prohibited conduct described above.

5. Excessive Use

5.1. The Customer must use the Service in accordance with any download or capacity limits stated on the Order Form. OntheNet may limit, suspend or terminate the Service if the Customer unreasonably exceeds such limits or excessively uses the capacity or resources of OntheNet’s Network and systems in a manner which OntheNet deems unsuitable.

6. Security

The Customer is responsible for:

6.1. maintaining the security of the Service, including protection of account details, usernames and passwords against unauthorised use by a third party;

6.2. all charges incurred by other persons whom the Customer authorises or permits to use the Service, including anyone to whom the Customer has disclosed password and account details; and

6.3. taking appropriate security measures such as installation of a firewall and use of anti-virus software to protect personal data, computer and other equipment from loss or damage.

7. Third Party Intellectual Property Rights

7.1. The Customer must not use the Service to:

7.1.1. copy, 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 or do any other acts in relation to such copyright material which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 (Cth) or any other applicable law; or

transmit any material (by email, uploading, posting, or otherwise) that infringes any trademark, patent, trade secret, or other proprietary rights of any third party.

7.2. The Customer acknowledges and agrees that OntheNet has the right to immediately cease hosting and to remove from its network or systems any material upon receiving a complaint or allegation that the material infringes the copyright or any other intellectual property rights of any person.

8. Access to Internet Content

8.1. The Customer is responsible for determining the content and information that is chosen to be accessed on the Internet when using the Service.

8.2. It is the Customer’s responsibility to take all steps considered necessary (including the use of filtering programs) to prevent access to offensive or obscene content on the Internet by children or minors whom the Customer authorises or permits to use the Service.

9. Communicating with Others

9.1. The Customer must not use, attempt to use, or permit to be used the Service to make inappropriate contact with children or minors who are not otherwise known to the user, or any person the Customer is not permitted to contact as determined by a court of law.

9.2. The Customer is responsible for any content that is sent or distributed (or permitted to be sent or distributed) using the Service including, but not limited to, content posted on web pages, email, chat or discussion forums, bulletin boards, instant messaging and other services available via the Internet. The Customer 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, Territory or other law, including to send or distribute classes of restricted content to children or minors if that is prohibited or an offence under such laws.

9.3. The Customer’s failure to comply with these requirements may lead to immediate suspension or termination of the Service without notice.

10. Classifying Content

10.1.The Customer must label or otherwise clearly identify any content made publicly available using the Service in accordance with the applicable classification guidelines and the National Classification Code (issued pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth)) or any other industry code or content standard which applies to the Customer’s use or distribution of that content.

11. Complying with Regulatory Authorities

11.1.Commonwealth legislation allows the Australian Communications and Media Authority (ACMA) to direct OntheNet to remove from its network and servers any content which is classified, or likely to be classified, as ‘prohibited’ content. The Customer must not hinder or prevent OntheNet from taking all steps necessary to comply with any direction from ACMA or any law enforcement agency and the Customer acknowledges that OntheNet may comply with the directions of such authorities without notice to the Customer.

11.2.The Customer acknowledges that OntheNet reserve the right to restrict, suspend or terminate the Service if there are reasonable grounds for suspecting that the Customer is engaging in illegal conduct or where use of the Service is subject to any investigation by law enforcement agencies or regulatory authorities.

13. Changes

13.1.OntheNet may vary this Policy by posting the revised Policy on its website at www.onthenet.com.au. OntheNet may also give notice to the Customer of any variation of this Policy by email to the email address notified by the Customer or otherwise in accordance with the notice provisions of the OntheNet Terms and Conditions. The continued use of the Service after such posting or notice will constitute the Customer’s acceptance of the variation.

14. Breach of Acceptable Use Policy

14.1.OntheNet reserve the right to terminate the Customer’s Service for breach of any term of this Acceptable Use Policy without prior notice.

GENERAL TERMS

1. This policy aims to ensure Tangerine Telecom is able to provide quality services to all of our customers, and no customers are disadvantaged by the behaviour of others. Tangerine Telecom is a residential provider of internet, phone and mobile services.

2. This policy should be read in conjunction with the Standard Form of Agreement (SFOA) and subject to the SFOA.

3. This policy applies to any promotion or plan which is advertised on our website for internet, phone or mobile services.

4. Tangerine Telecom is a residential provider of internet and phone services. These services are not recommended or permitted for business use.

USE POLICY

1. Tangerine Telecom reserves the right to vary the terms of the Fair Use Policy at any time.

2. An up to date copy of this policy may be obtained from our website www.tangerinetelecom.com.au or by contacting Customer Service on 1800211112.

UNREASONABLE USE

1. Without limiting the meaning of ‘unreasonable’, we supply the service and each of the value-added services for the purpose of your personal use.

2. We consider your use of the service or a value-added service feature, to be unreasonable if you:

a) make or receive calls or send or receive content on our network other than for your own personal use, or

b) use the service for commercial purposes without obtaining our written consent first. Commercial purposes includes, without limitation, the following activities:

i. wholesaling any service (including transit, refile or aggregate domestic or international traffic) on our network
ii. using the service (including any SIM card) in connection with a device that switches or reroutes calls to or from our network or the network of any supplier;
iii. using the service or a value added service feature in connection with a switch device which overcomes the time cap on free or flat call rates, thus keeping a line open potentially for hours and limiting the ability for other customers to access our network;
iv. running a telemarketing business or call centre;
v. downloading content for business use.

We may give or withhold our consent, or make our consent subject to conditions, at our discretion.

ACCEPTABLE USE

1. To the extent that your use of the service provides you with access to the Internet, you must be over the age of 18 years of age, or if you are not over 18 years of age, you must obtain the consent of a parent, teacher or other responsible adult prior to accessing the service.

2. You must not use the service in a manner which interferes with the rights of other users. For example, you must not:
i. provide false user information to us or other users,
ii. send large amounts of unsolicited or unwanted emails or message to individuals or individual business accounts, or
iii. send any commercial electronic messages in breach of the Spam Act, or iv. gain access to a person’s private information (or attempt to do so).

3. In using the service, you must not break any laws or infringe the rights of other persons. For example, you must not:
i. distribute or make available indecent, obscene, offensive, pornographic, illegal, or confidential material,
ii. defame, harass, or abuse anyone or violate their privacy, iii. contravene any applicable laws,
iii. distribute or make available material that is misleading or deceptive as to your identity,
iv. infringe any person’s intellectual property rights,
v. monitor data or traffic on any network or system if you do not have the authorisation of the owner of the network or system to do so, or
vi. interfere or disrupt the service, any computer system access through it or any other person’s use of it.

4. You must comply with any rules imposed by any third party whose content or service you access using the service.

5. You may only use any content accessible through the service for personal and non-commercial purposes. You may not otherwise copy, publish, re-publish, re- distribute, re-communicate, or otherwise commercially exploit such content in any form or by any method whatsoever. For the avoidance of doubt, this prohibition includes framing, linking, posting in news groups and any other form of copying by persons other than as approved by the content provider.

6. To detect and deal with breaches of this policy and to ensure compliance with any relevant industry code of practice, notification, or direction by any relevant regulatory authority, we:

will co-operate with other carriage service providers to control unacceptable user behaviour,
ii. may give your details to the police and to other law enforcement agencies if you are suspected of breaking any laws in connection with the use of the service,
iii. may implement technical mechanisms to prevent behaviour which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients),
iv. may exercise any rights we have under the SFOA, including suspending or cancelling use of the service,
v. may remove any content from our servers,
vi. may filter the content made available to you via the service or restrict your access to a particular site,
vii. may take any other action we deem appropriate, including taking action against offenders to recover costs and expenses of identifying them.

7. Acceptable usage of included or unlimited telephone plans refers to:
i. residential calls to standard local and national telephone numbers in Australia,
ii. residential calls to Australian mobile phone services in Australia,
iii. residential calls to Australian free phone (1800) services

BREACH OF POLICY

If your usage is deemed to be outside of the acceptable usage described above, we may ask you to reduce your use of the affected usage type. If usage continues at an excessive level following this request, we may:

i. suspend or limit your service or your access to these offers, or
ii. terminate the Agreement,

In each case immediately and without notice to you.

13. Please note, unless the Telecommunications Consumer Protection Code applies to your contract with us, that our right to suspend your access to these value added service features without notice under this Policy overrides any requirement we may have to give you notice in other parts of the SFOA.

 

 

Acceptable and Fair Use Policy Introduction Our customers should be able to use our services to express themselves and share information. But we also believe that there should be certain rules on how services are used to protect the safety and rights of other users and Aussie Broadband. Our acceptable and Fair Use Policy explains what those rules are and what action we may take if you breach them. Definitions Aussie or Aussie Broadband – refers to Aussie Broadband Limited (ACN 132 090 192) and any other subsidiary companies of Aussie Broadband, such as Wideband Networks Customers – all customers of Aussie Broadband and Wideband Networks including residential, small business, corporate, and enterprise. Grandfathered Plans – this refers to any plan currently not offered by Aussie Broadband but that is still available to those customers that were on it at the time of new plans being released Services – applies to all services that we supply including internet, fixed phone, mobile phone, VoIP, Fetch TV, and mobile data services Spam– unsolicited electronic messages with an “Australian Link”, as per the Spam Act 2003 You – the account holder and anyone the account holder has authorised to access the internet via their account

Respecting others Everyone should be able to use the internet freely and safely. You must not use Aussie services to: • promote or threaten violence towards anyone • abuse or harass anyone, for example by making offensive, misleading, or menacing comments (this includes to our staff) • encourage hate, for example by making racist, sexist, or discriminatory comments • create a risk to the health or safety of any person Respecting the law You must not use your services for anything illegal or unlawful. This includes, but is not limited to: • providing us with false account information (name, date of birth, etc.) • hacking or gaining improper access to someone else’s information • controlling another person’s systems or networks, without that person’s consent • send or assist in the sending of Spam, or otherwise breach the Spam Act 2003 • transmission or storage of data that infringes Australian laws, including pornography, viruses, etc. • infringing copyright laws Respecting Aussie Broadband and the nbn You must not use your service for anything that would adversely affect Aussie Broadband’s network or reputation. This includes, but is not limited to: • resupplying our services or products to others without our consent • use our brand or website to promote your own business or product without our consent • using services for other than their intended purpose (both residential and business), such as trying to bypass your service limitations • using your service in a way that interferes with or poses a risk to our network or other customers’ services • using your service in a way that breaches our wholesale agreement with the nbn, in its Fair Use Policy Respecting your data limits (if you have them) If you have a data-limited plan and you exceed your data use: • you will be shaped to either 256k or 1Mbps downstream and 256k or 1Mbps upstream (grandfathered plans) depending on how long ago your plan was grandfathered, with no additional data charges, or to 1Mbps/1Mbps for current plans, OR • you may elect to keep your connection at full speed and pay an additional fee for either data blocks or an upgraded plan (depending on the age and status of your plan)

Once your service is shaped, access is provided for limited use. Examples of limited use are web pages and email. What happens if you breach the policy? If we think you have breached this policy, we can act. This includes: • looking into the breach (which may or may not involve contacting you) • issuing a formal warning • restricting your access, with or without notice • suspending or ending your service, with or without notice If we think you have breached the law, we will report you to the police and give them your personal information in accordance with our Privacy Policy Reporting breaches If you suspect you may have inadvertently breached this policy, or you wish to report someone else breaching this policy, please contact us as soon as practicable Related documents Privacy Policy on the website Communications This policy will be made available on Aussie Broadband’s website. It may change from time to time. If there are substantial changes, we will notify you directly

About this policy

This document is our Acceptable Use Policy (‘policy’). In this billing policy, ‘we’, ‘our’ and ‘us’ are all references to Bosley Holdings Pty Ltd trading as Swoop Broadband, ABN 71613948575 Of 1A, 155 Queen Street, Warragul Vic 3820 Australia.

This policy is accessible on our website and is distributed to customers and former customers (together, ‘customers’) and our staff.

Our Chief Executive Officer (or equivalent) has approved this policy and is responsible for ensuring its implementation, operation and compliance with any applicable regulations and industry codes. By using any Swoop service (‘services’) you agree to comply with the terms of this acceptable use policy

Our principles

This policy aims to ensure Swoop is able to provide quality services to all our customers and that no customers are disadvantaged by the behaviour of others (including use patterns that cause significant network congestion, disruption or otherwise adversely affect the Swoop network, a supplier’s network or adversely affect another person’s use of or access to the internet services, the Swoop network or a supplier network).

In addition, the Acceptable Use Policy sets out your responsibilities when you use the internet, including any content which you publish online or by email. It also confirms steps we may take to ensure and monitor compliance with this policy as well as setting out our responsibilities to comply with directions from regulatory and other law enforcement bodies.

It also explains how we provide certain streaming services to you, as well as what steps we take to manage our network in times of congestion. The acceptable use policy applies to all our services.

General

If you are a residential customer (home internet), our services are for your personal use only and cannot be used for commercial purposes. If you are a business customer, our services are for your use in the ordinary course of business.

You may not use the service in a manner which is ‘unreasonable’ or ‘unacceptable’.

Unlimited data allowance

‘Unlimited’ means that the amount of data you download or upload is not limited and will not be counted. While Swoop will provide a data use meter, this is for information purposes only to display the amount of upload and download data recorded on your service.

Your service may be temporarily restricted to a lower speed if the connection is used for an excessive amount of traffic over a short period of time.

While this is an unlimited data service, there may be factors outside the control of Swoop that will have an effect of altering user experience. There may also be some congestion (of the wholesale supplier backhaul) in which our wholesale supplier may not be able to provide the same speed at all times of the day. Other factors beyond the control of Swoop and our wholesale supplier is international bandwidth availability, the destination you are trying to reach may have its own traffic management per site visitor to a specific download rate.

Unreasonable use

We consider your use of the service is unreasonable if you use it in a manner which is other than it was intended for.

Below are some examples of uses which we consider ‘unreasonable’. This is not intended to be an exhaustive list:

  • if you are a residential customer using the service in a way which could not be reasonably regarded as ordinary personal use (e.g. a residential product cannot be used for commercial purposes)
  • if you are a business customer, including a small to medium business customer, using the service in way which could not be reasonably regarded as ordinary business use
  • using the service for fraudulent purposes
  • abnormal or excessive use of back to base services
  • using the service to wholesale supply of any service (including transit, refile or aggregate domestic or international traffic) on our network
  • using the service for the purposes of arbitrage
  • using the service for anything which isn’t standard person to person

Unacceptable use

You may not use our services in any manner which improperly interferes with another person’s use of our services or for illegal or unlawful purposes.

You may not use any equipment or devices on our network which have not been approved by us. We consider the use of our services or unauthorised equipment in this way to be unacceptable.

Below are some examples of uses which we consider ‘unacceptable’. This is not intended to be an exhaustive list:

  • if you provide us with false user information to use the service
  • using any equipment or device on our network which has not been authorised by us
  • using the service to send unsolicited or unwanted commercial electronic messages to individuals or businesses
  • using the service to gain improper access to another person’s private or personal information
  • using the service to distribute or make available indecent, obscene, offensive, pornographic, illegal or confidential material
  • using the service to defame, harass or abuse anyone or violate their privacy
  • contravening any applicable laws when you use the service
  • using the service to communicate with emergency service organisations where an emergency situation does not exist
  • using the service to distribute or make available material that is misleading or deceptive as to your identity
  • infringing any person’s intellectual property rights, including copyright, when you use the service
  • using the service to monitor data or traffic on any network or system if you do not have the authorisation of the owner of the network or system to do so
  • using the service in a way which interferes or disrupts the service, any computer system access through it or any other person’s use of it
  • using the service to obtain or attempt to obtain unauthorised access to any computer, system or network
  • using the service in a manner designed to compromise the security or interfere with the operation of the service or any other computer, system or

Your internet use

Where our products and services allow you access to the internet, you are responsible for any use or misuse of the services, even if they were used, with or without your consent, by another person who gains access to them.

You are responsible for all risks associated with use of a Swoop service. Swoop does not bear any responsibility or liability relating to your use of the internet. For further information about online safety please contact us to discuss using a filtering or security solution with your service.

You are responsible for any content you publish online or via email. We encourage you to use appropriate warnings and precautions in respect of content which is likely to be considered unsuitable for children.

You must comply with any rules imposed by any third party whose content or service you access using your Swoop service. You may not copy, publish, republish, redistribute, recommunicate, or otherwise commercially exploit such content in any form or by any method whatsoever. This prohibition includes framing, linking, posting in news groups and any other form of copying unless approved by the content provider.

We may block access to, remove, 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.

We may be directed by a regulatory or other law enforcement body to remove content from our servers or to prevent users from accessing content from the Internet. We may also be required to remove copyright materials from our servers or to prevent users from accessing copyright materials from the Internet by a copyright owner.

Monitoring compliance

We are under no obligation to monitor your transmissions or any content you publish using the service. However, we may from time-to-time monitor transmissions or published content to protect our network, our other customers, and the general public as well as to ensure you are complying with the terms of this policy. We may need to disclose any findings as required to regulatory authorities. We have regulatory obligations to monitor communications traffic on our network and to retain data about communications.

We take active steps to minimise the amount of spam on our network, which may include:

  • restricting your ability to forward emails
  • limiting your access to the service to a closed user group relevant to your use of the service
  • requiring you to rectify any misconfigured mail and/or proxy

 

We may provide your username, IP address or identifying material and communications data to law enforcement authorities when required to do so.

Acceptable Use Policy breaches

If you breach any part of this Acceptable Use Policy we will contact you and, if appropriate, ask you to modify your use of the service. If you do not modify your use of the service, we may suspend or cancel your service without notice to you.

However, in certain circumstances such as illegality, or non-ordinary use, we reserve the right to suspend or cancel your service immediately and without notice to you.

On account cancellation, we are authorised to delete any files, programs, data and email messages (where you have a Swoop-supplied or @dcsi email address) associated with the account.

In addition, the acceptable use policy sets out your responsibilities when you use the internet, including any content which you publish online or by email. It also confirms steps we may take to ensure and monitor compliance with this policy as well as setting out our responsibilities to comply with directions from regulatory and other law enforcement bodies.

It also explains how we provide certain streaming services to you, as well as what steps we take to manage our network in times of congestion. The Acceptable Use Policy applies to all our services.

About this policy

This is our VoIP Acceptable Use Policy (policy). In this policy, ‘we’, ‘our’ and ‘us’ are all references to Bosley Holdings Pty Ltd trading as Swoop Broadband, ABN 71613948575 of 1A, 155 Queen Street, Warragul VIC 3820 Australia.

This policy is accessible on our website and is distributed to customers and former customers (together, ‘customers’) and our staff.

Our Chief Executive Officer (or equivalent) has approved this policy and is responsible for ensuring its implementation, operation and compliance with any applicable regulations and industry codes.

By your use of any Swoop VoIP service (‘services’) you agree to comply with the terms of this VoIP acceptable use policy.

Our principles

This policy is designed to protect the Voice over Internet Protocol (VoIP) service quality and integrity and make sure all customers receive fair and equitable access.

The policy specifically relates to untimed (‘flat rate’) use calls and ‘included’ calls on all VoIP plans that have these call inclusion types provided to subscribers.

We may depend on our Fair Use Policy in circumstances where your use of ‘flat rate’ or ‘included’ untimed call charges that form part of a pricing plan or promotional offer is deemed to be excessive or unreasonable.

We retain the right to vary the terms of the Fair Use Policy at our discretion from time to time.

Excessive use

The Fair Use Policy’s excessive use aims to identify those customers likely to be using residential plans for commercial purposes. This is likely to place unsustainable demands on the system.

Swoop broadband considers a call duration of more than 120 minutes per call where a ‘flat rate’ applies, and or more than 1,000 minutes of talk time per month as potentially indicative of non-ordinary residential use. We may also consider a regularity of calling that indicates that the service is not being used for residential use only.

If your use of the prescribed VoIP plans is excessive, we will contact you by phone or email, using the contact details you have provided advising that you may be in breach of the Fair Use Policy. If for the next billing period use continues at a similar level and frequency you will receive formal notification from us, advising that you have 14 days to provide a statutory declaration to Swoop Broadband, in which you affirm that the service is used for residential purposes only. If after 14 days, we have not received a completed Statutory Declaration or you have not requested (and been granted) an extension within which to provide that Statutory Declaration, we may:

  • bill calls above the at standard rates, or
  • suspend or terminate your service without further notice.

Unreasonable use

Without restricting what is meant by ‘unreasonable’ Swoop Broadband will supply the service for the purpose of you making and receiving calls on our network for your personal use.

We will consider unreasonable use of the service to be:

  • using a residential service for business purposes
  • if you use a device that reroutes calls to/from our network or the network of another supplier, or
  • wholesale any service on our network.

 

In contrast to the above subclauses, we may in our absolute discretion give our consent to this type of behaviour, subject to conditions and in writing.

We further consider your use of the service to be unreasonable if you reduce or limit the ability of other customers to access our network as you:

  • engage in the bridging of conference calls
  • use the Swoop Broadband service to link two or more communication devices together for the purposes of providing a permanent or semi-permanent circuit, or
  • use the Swoop Broadband service for any other purpose than the predominant function of person-to-person voice communication.

 

Without reducing or restricting our rights under the service terms, where we consider your use unreasonable we may:

  • contact you by phone or email, using the contact details you have provided advising that you are in breach of the Fair Use Policy and to cease unreasonable use immediately otherwise your service may be subjected to suspension or cancellation without further notice, or
  • choose to suspend or cancel your service immediately and without any prior notice if the breach is considered seriously detrimental to the network.

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