Broadband Acceptable Use Policy

1. Policy

This Acceptable Use Policy sets out the rules which apply to use of our communication services including your responsibilities, and permitted and prohibited uses of those services. Compliance with this Policy ensures you may continue to enjoy and allow others to enjoy optimum use of our Services.

2. Responsibilities

You are responsible for your actions on our network and systems you access through your Service. If you act recklessly or irresponsibly in using your Service or your actions endanger any person or the integrity or security of our Network, systems or equipment, your access may be restricted, suspended or terminated, without prior notice.

In particular, you agree that you will not use, attempt to use or allow your Internet Service to be used to:

  • store, send or distribute any content or material which is restricted, prohibited or otherwiseunlawful under any applicable law or which is likely to be offensive or obscene to a reasonable person;
  • store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless you have a lawful right to do so;
  • store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings; do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable law or which is in breach of any code, standard or content requirement of any other competent authority;
  • store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing, using or enjoying the use of our Services, Network or systems;
  • forge header information, email source address or other user information;
  • access, monitor or use any data, systems or networks, including another person's private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
  • compromise the security or integrity of any network or system including our Network;
  • deliberately access, download, store, send or distribute any viruses or other harmful programs or material;
  • send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out in this policy, or overload any network or system including our Network and systems;
  • use another person's name, username or password or otherwise attempt to gain access to the account of any other User without their consent;
  • tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
  • aid,abet, encourage or incite any other person to do or attempt to do any of the above acts.

3.Spam

Also known as junk mail or Unsolicited Commercial Email (UCE), the term "spam" refers to submitting a commercial email or SMS messages to a large number of recipients who have not requested or opted to receive it and have no reasonable expectation to receiving email or SMS from the sender.

Email or SMS sent by a company or an organisation with whom the recipient has established a relationship or which was requested or accepted (opt-in requirement) by the recipient is not considered spam.

Spamming is not only harmful because of its negative impact on consumer attitudes, but also because it can overload our network and disrupt service to our subscribers.

As a user of our service platforms you must comply with any regulation in force that covers direct marketing regulations if you are sending communications to large multiple lists of users.

In the absence of positive, verifiable proof to the contrary by a User, we will consider complaints by recipients of emails or SMS messages to be conclusive that the recipient did not subscribe or otherwise request the email(s) or SMS about which a complaint was generated.

4.Excessive Use

You must use your Service in accordance with any download or capacity limits stated in the specific plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our Network or systems.

If we determine that excessive bandwidth, disk space utilisation or high CPU loads are adversely affecting our ability to provide service to other users, we may take immediate action. We will attempt to notify the account owner as soon as possible.

5. Reasonable Use

Where a data service is specified as Un-metered or Un-limited use, reasonable usage is considered to be within 500GB per month. Where this usage is exceeded we reserve the right to apply policies in traffic management to limit or restrict the usage above this level or to terminate the Users access to the Services if the limits continue to be exceeded after notification to the User.

6. Illegal Use

Our network may only be used for lawful purposes. For example, Users may not use our Networks to create, transmit, distribute, or store content that:

  • violates a trademark, copyright, trade secret or other intellectual property rights of others,
  • violates export control laws or regulations,
  • violates the privacy, publicity or other personal rights of others,
  • impairs the privacy of communications,
  • contains obscene, offensive, unlawful, defamatory, harassing, abusive, fraudulent, or otherwise objectionable content as reasonably determined by us,
  • encourages conduct that would constitute a criminal offense or give rise to civil liability,
  • constitutes deceptive online marketing,
  • causes technical disturbances to our Network, its affiliated networks, or the network used by Users to access the Email service., or
  • violate the policies of such networks, including, but not limited to, intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data, or
  • assists, encourages or permits any persons in engaging in any of the activities described in this section. If the Client becomes aware of any such activities, the Client is obligated to immediately notify us and take all other appropriate actions to cause such activities to cease.

7.Consequences of Unacceptable Use

We reserve the right to suspend or terminate User's access to the Services upon notice to the Client of a violation of this policy. If we believe that the policy has been breached or the integrity of the network and/or the performance of others users are at risk, then we will contact the Client with notice of its intent or to notify the User of the breach of the policy.

8.Broadband Traffic Management Policy

Our broadband products are subject to traffic management to ensure you receive optimum performance at all times. Like other providers we deliver broadband service over a shared network. To provide a sustainable quality broadband service to all our customers we have to manage the network. The principles of our network management policies are:

  • To make sure that time - critical applications like Voice over Internet Protocol (VoIP) are always prioritised.
  • To protect interactive applications like web - browsing and Virtual Private Network (VPN) from non - time sensitive download traffic.
  • To balance the network under demand to cope with exceptional peaks and troughs from day to day and month to month.
  • Provides a 'quality of service' effect, meaning multiple applications running on the same line interact with each other effectively, and use of high demand protocols like Peer - to - Peer (P2P) doesn't swamp time - sensitive traffic such as a VoIP call.

Traffic types are identified in real - time based on a combination of port, source IP address and DPI signature detection. This allows us at any given time to see exactly what traffic is on the network and who is doing what. At times we may prioritise time sensitive traffic such as VoIP by reducing the throughput of the standard traffic.

Traffic is prioritised according to time sensitivity. The following table outlines the standard prioritisation classes:

Top

High

Middle

Standard

VOIP

HTTP

HTTP Download

P2P

VPN

 

IPlayer & Youtube

Binary usenet

   

FTP

 
   

Email

 
   

Generic Streaming

 

9. Administration of Policy

The Client understands that the administration of this policy requires the exercise of discretion and judgment by us. We agree to exercise good faith in its administration of this policy and in making determinations under the policy.

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