Acceptable Use Policy

Acceptable Use Policy.

Last updated September 2020

Put Simply – Use responsibly!

OMNIconnect products and services are supplied to you with the obligation that you will comply with the AUP. A breach of the AUP will be a breach of the Agreement.

The AUP is a living document that evolves over time with changing requirements, and with the introduction of new OMNIconnect services. The latest version is found on our website.

 

1. General.

(a) This policy is designed to ensure that your use of the service does not break any laws, hinder the efficient operation of our network, interfere with the rights of OMNIconnect customers, or interfere more generally with the rights of Internet users.

(b) You are responsible for ensuring that any use of the service provided to you complies with this policy.

(c) If you become aware of any violations of this policy by other OMNIconnect customers you should contact our support team: support@omniconnect.com.au

 

2. Illegal Activity.

You must not use the service for any activity that breaches any law or 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, content which is unlawful, including:

(i) content that is or would be classified by the Classification Board as RC rated or X rated and that is or would be classified by the Classification Board as R rated where a restricted access system is not in place,

(ii) content 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, or

(iii) content that defames, harasses or abuses anyone or violates their privacy,

(b) pyramid or other illegal soliciting schemes, or

(c) any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.

 

3. Security.

(a) You are responsible for any misuse of the service. You must take reasonable steps to ensure that others do not gain unauthorised access to the service.

(b) The service must not be used to obtain or attempt to obtain unauthorised access to any computer, system or the OMNIconnect network. If you do not have authorisation, prohibited activities include (but are not limited to):

(i) accessing, monitoring or using any data, systems or networks,

(ii) probing, scanning or testing the vulnerability of a system or network,

(iii) breaching any security or authentication measures for a system or network,

(iv) accessing the account or private information of any other person or entity,

(v) accessing any server in violation of any AUP of that server, including any attempt to do any of the things mentioned in paragraphs (i) to (iv) above.

(c) You must not:

(i) use (or attempt to use) or distribute tools designed for compromising security including, but not limited to, password guessing programs, cracking tools, packet sniffers or network probing tools,

(ii) knowingly transmit or disseminate any information or software, which contains a virus or other harmful feature,

(iii) use (or attempt to use) the service in a manner that may interfere with the technical operation of the service or any other computer, system, network or telecommunications services, including (but not limited to) denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host, or

(iv) interfere (or attempt to interfere) with the regular workings of our systems or network connections.

(d) You are solely responsible for the security of any device you choose to connect to the service, including any data stored on that device.

(e) You must notify us immediately of any unauthorised or attempted unauthorised use of your service and any other breach or attempted breach of security.

 

4. Risks of the Internet.

(a) Some activities that you can perform when accessing the Internet may be harmful or cause loss to you, other people that may access your service, or your equipment. Typical activities include (but are not limited to):

(i) downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to your computer,

(ii) purchasing goods or services using the Internet,

(iii) transmitting confidential information over the Internet (such as your credit card number or other personal information), or

(iv) accessing and viewing content on the Internet or otherwise available through the service that may be offensive to some individuals, or inappropriate for children (for example, it is possible to obtain access to content that is pornographic, offensive and/or unsuitable for children).

(b) You bear the risk associated with the activities referred to in paragraph (a) above.

(c) You have the right to make complaints to the Australian Communications and Media Authority about Internet content which is or would be classified by the Classification Board as X rated, RC rated, or R rated and does not have a restricted access system in place.

 

5. Content Publishing.

(a) You are solely responsible for any content that you publish via websites, email, newsgroups, online forums or other publishing mediums accessed via the service.

(b) You must not publish material that is or would be classified by the Classification Board as RC rated or X rated via websites, email, newsgroups or other publishing mediums accessible via the service.

(c) We encourage you to take appropriate precautions to prevent minors from accessing or receiving any content you have published that may be inappropriate for them, as we do not control nor are liable for such content. This includes implementing a restricted access system on content that is or would be classified by the Classification Board as R rated. We also encourage you to use appropriate warnings and / or labelling systems in respect of content which is likely to be considered unsuitable for children.

(d) We reserve the right to block access to, to remove, or to refuse to post any content, in whole or in part, that we, in our sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content 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 intellectual property rights of others, or is likely to be defamatory of another person.

(e) Commonwealth legislation allows the Australian Communications and Media Authority to direct us to remove certain prohibited or potentially prohibited content from our servers or to prevent users from accessing certain Internet content. We may take any steps reasonably necessary in order to ensure compliance with any relevant industry code of practice, or notification or direction from the Australian Communications and Media Authority, including removing any content (including part or all of a website) from our servers, blocking access to newsgroups, closing or suspending your service, filtering the Internet content made available to you or restricting access to a particular website.

(f) Commonwealth legislation allows copyright owners or their agents to direct us to remove copyright materials from our servers or to prevent users from accessing copyright materials. We may take any steps reasonably necessary in order to ensure compliance with a notification from a copyright owner or their agent, including removing any content (including part or all of a website) from our servers, closing or suspending your service, filtering the Internet content made available to you or restricting access to a particular website.

(g) We are under no obligation to monitor transmissions or published content on the service. However, we (or our agents) have the right to monitor such transmissions or published content from time to time and to disclose that content.

(h) By using the service to reproduce, publish, display, transmit or distribute content, you warrant that the content complies with this policy and authorises us (or our agents) to reproduce, publish, display, transmit and distribute such content as necessary for us to deliver the content in a timely manner.

 

6. Electronic Messaging.

(a) You must not use the service to send unsolicited bulk messages.

(b) The service must not be used to:

(i) send messages to any individual or entity who has indicated that he/she/it does not wish to receive messages from you,

(ii) collect or redirect responses from unsolicited messages sent from accounts on other Internet hosts or messaging services which violates this policy, or the equivalent policy or any other policy of any other Internet service provider or web site. Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any web site or other resource that uses our network.

(c) You must not:

(i) obscure, alter or delete the source of messages that you send or forge message headers,

(ii) send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or account.

(d) We are not responsible for forwarding or storing messages sent to any account that has been suspended or cancelled. Such messages may be returned to sender, ignored, deleted, or stored temporarily at our sole discretion.

(e) You must not use the service to “Spam” which includes one or more unsolicited commercial electronic messages with an Australian link for purposes of the Spam Act 2003, and derivations of the word “Spam” have corresponding meanings. “Spam Act” means the Spam Act 2003 and includes regulations made under it.

(f) You may not use or allow any Service to be used to:

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

(ii) use or distribute any software designed to harvest email addresses; or

(iii) otherwise breach the Spam Act.

(g) We may suspend any Service if:

(i) you are in breach of this policy, however we may first make reasonable attempts to contact you and give you the opportunity to address the problem within a reasonable time period. What is reasonable in this context will depend on the severity of the problems.

(h) Our right to suspend a Service applies regardless of whether the open service is provided or the breach is committed intentionally, through miss configuration, or by other means whether or not authorised by you, including but not limited to, through a Trojan horse or virus.

(i) If the Service is suspended and the grounds upon which it was suspended are not, to our
reasonable satisfaction, corrected by you within 7 days, we may terminate the Service. In the
event the Service is terminated under this clause, you will forfeit the remainder of the charges already deducted for that months service and we will have the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in suspension.

(j) You agree to use your reasonable best endeavours to secure any device or network within
your control against being used by third parties, including where appropriate:

(i) the Installation and maintenance of Email Spam Protection and Email Virus protection;

(ii) the Installation and maintenance of general antivirus software;

(iii) the Installation and maintenance of firewall software; and

(iv) the application of operating system and application software patches and updates.

(k) We may scan any IP address ranges allocated to you for your use with the Service in order to detect the presence of open or otherwise miss configured mail and proxy servers.

 

7. Reasonable Use.

Usage should not be so heavy at any time that it will hinder the efficient operation of our network, interfere with the rights of OMNIconnect customers, or interfere more generally with the rights of Internet users. If, in our opinion, your usage is such that it does create any of these issues, we may de-prioritise your access to the network.

 

8. Violation of Acceptable Use Policy.

(a) If you, or someone with access to the service, use the service in a way that we, in our sole discretion, believe violates this policy or any other term of your agreement, we may take any responsive action we reasonably deem appropriate.

(b) Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate suspension or cancellation of all or any portion of the service.

(c) We have no liability for any such responsive actions and may take any other legal or technical action we reasonably deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them. If your use of the service causes a loss to third parties and we are required to pay compensation, we may require you to reimburse us.

(d) We are not obligated to regularly monitor your usage of the service (including any content posted, disseminated or accessed by you), however we reserve the right to monitor your use of the service to identify violations of this policy, and to protect our network, the other users of this service, and other Internet users.

(e) We reserve the right to investigate suspected violations of this policy, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of transmissions and material on our servers and network. During an investigation, we may suspend the service involved, interrupt transmissions and/or remove material that potentially violates this policy.

(f) In order to enforce this policy, you authorise us (or our agents) to cooperate with:

(i) law enforcement authorities in the investigation of suspected criminal violations, and

(ii) system administrators at other Internet service providers or other network or computing facilities.

Such cooperation may include us providing, for example, the username, IP address or other identifying information about a user.

(g) Upon cancellation of a service, we are authorised to delete any files, programs, data and email messages associated with the service.

(h) Any failure by us to enforce this policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

(i) You agree that, if any portion of this 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.

(j) This policy is governed by the laws of the Commonwealth of Australia and the laws of the state or territory in which you normally reside. You and we submit to the exclusive jurisdiction of the courts of the Commonwealth, and its states and territories.