This Acceptable Use Policy (“Policy”) sets out the rules which apply to use an IBC Internet or Voice access service (“IBC Access Service”), 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 IBC Access Services.
This Policy applies to all customers who acquire IBC Access Services from us. Your obligation to comply with this Policy includes your obligation to ensure any person who you allow to use your IBC Access Service also complies with this Policy.
Your failure to comply with this Policy (including by any person who you allow to use your IBC Access Service) may lead to the suspension or termination of your IBC Access Service.
3. Responsible Usage
You are responsible for your actions on our telecommunications network (“Network”) and systems you access through your IBC Access Service. If you act recklessly or irresponsibly in using your IBC Access 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 IBC Access Service to be used to:
a) store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable Commonwealth, State or Territory law, or which is likely to be offensive or obscene to a reasonable person;
b) 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;
c) do anything, including 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;
d) do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable Commonwealth, State or Territory law or which is in breach of any code, standard or content requirement of any other competent authority;
e) do anything, including store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing, using or enjoying the Internet, our Services, Network or systems;
f) forge header information, email source address or other user information;
g) 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;
h) compromise the security or integrity of any network or system including our Network;
i) access, download, store, send or distribute any viruses or other harmful programs or material;
j) send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out in clause 4, or overload any network or system including our Network and systems;
k) use another person’s name, username or password or otherwise attempt to gain access to the account of any other Customer;
l) tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
m) authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
In this Policy, “Spam” includes one or more unsolicited commercial electronic messages to which the Spam Act 2003 applies, and derivations of the word “Spam” have corresponding meanings.
4.1 Codes of Practice
The Internet Industry Codes of Practice registered with the Australian Communications and Media Authority (“ACMA”) set out how Internet Service providers and email service providers must address the sources of Spam within their own networks. They also require service providers to give end-users information about how to deal with Spam, and informed choice about their filtering options.
4.2 Suspension or Termination
This Policy prohibits you from using your IBC Access Service to send Spam. If you breach this prohibition, IPC Solutions may suspend or terminate your IBC Access Service. The circumstances in which we may do so are set out in section 10 below.
4.3 Reducing Spam
You can reduce the amount of Spam you receive if you:
a) do not open emails from dubious sources;
b) do not reply to Spam or click on links, including ‘unsubscribe’ facilities, in Spam;
c) do not accept Spam-advertised offers;
d) block incoming mail from known Spammers;
e) do not post your email address on publicly available sites or directories.If you must do so, look for options, such as tick boxes, that allow you to opt out of receiving further offers or information;
g) use separate email addresses for different purposes, such as a personal email address for friends and family and a business email address for work;
h) install a Spam filter on your computer to filter or block Spam. We strongly recommend that you install a Spam filter on your computer, even if you receive a Spam filtering service from IPC Solutions. Information on the availability of anti-Spam software for end-users is available at the Internet Industry Association (IIA) website
i) report any Spam you receive to IPC Solutions or the ACMA (see “Complaints” below); and
j) visit [the ACMA website] or [‘Fight SPAM on the Internet’ website for more information on ways to reduce the volume of Spam you receive, including how to reduce Spam if you operate a website and avoid becoming an accidental Spammer.
4.4 Your Spam Obligations
You agree that you will use your IBC Access Service in compliance with the Spam Act 2003 and will not engage in practices which would result in a breach of the Act. In particular, you agree that you will not use, attempt to use or allow your IBC Access Service to be used to:
a) send, allow to be sent, or assist in the sending of Spam;
b) use or distribute any software designed to harvest email addresses;
c) host any device or service that allows email to be sent between third parties not under your authority or control; or
d) otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth, (your “Spam Obligations”).
You agree to use your reasonable best endeavours to secure any device or network within your control against being used in breach of your Spam Obligations by third parties, including where appropriate:
a) the installation and maintenance of antivirus software;
b) the installation and maintenance of firewall software; and
c) the application of operating system and application software patches and updates.
We may scan any IP address ranges allocated to you for your use with your IBC Access Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers. If we detect open or misconfigured mail or proxy servers we may suspend or terminate your IBC Access Service. The circumstances in which we may do so are set out in section 10.
5. Excessive use
You must use your IBC Access 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 IBC Access 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.
It is your responsibility to ensure that you do not infringe the intellectual property rights of any person in relation to any material that you access or download from the Internet and copy, store, send or distribute using your IBC Access Service.
You must not use your IBC Access Service to copy, adapt, 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 laws.
You acknowledge and agree that we have the right to immediately cease hosting and to remove from our Network or systems any content upon receiving a complaint or allegation that the material infringes copyright or any other intellectual property rights of any person.
You are responsible for determining the content and information you choose to access on the Internet when using your IBC Access Service.
It is your responsibility to take all steps you consider necessary (including the use of filtering programs) to prevent access to offensive or obscene content on the Internet by children or minors who you allow to use your IBC Access Service. You may obtain further information on content filtering products at the Internet Industry Association (IIA) website.
You must not use or attempt to use your IBC Access Service to make inappropriate contact with children or minors who are not otherwise know to you.
You are responsible for any content you store, send or distribute on or via our Network and systems including, but not limited to, content you place or post on web pages, email, chat or discussion forums, bulletin boards, instant messaging, SMS and Usenet news. You 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 or Territory law, including to send or distribute classes of restricted content to children or minors if that is prohibited or an offence under such laws.
Your failure to comply with these requirements may lead to immediate suspension or termination of your IBC Access Service without notice. If we have reason to believe you have used your IBC Access Service to access child pornography or child abuse material, we are required by law to refer the matter to the Australian Federal Police.
8. Regulatory Authorities
You must label or clearly identify any content you generally make available using your IBC Access Service in accordance with the applicable classification guidelines and National Classification Code (issued pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth)) or any industry code, which applies to your use or distribution of that content.
Commonwealth legislation allows the ACMA to direct us to remove from our or our Service Provider network and servers any content which is classified, or likely to be classified, as ‘prohibited’ content. We also co-operate fully with law enforcement and security agencies, including in relation to court orders for the interception or monitoring of our Network and systems. IPC Solutions may take these steps at any time without notice to you.
You must not hinder or prevent us from taking all steps necessary to comply with any direction from ACMA or any other law enforcement or security agency. You acknowledge that IPC Solutions reserves the right to limit, suspend or terminate your IBC Access Service if there are reasonable grounds for suspecting that you are engaging in illegal conduct or where use of your IBC Access Service is subject to any investigation by law enforcement or regulatory authorities.
If you have a complaint about content accessible using your IBC Access Service you may contact the ACMA by filling out an online complaint form at acma.gov.au, emailing [email protected] or faxing your complaint to the ACMA Content Assessment Hotline Manager on (02) 9334 7799. Please note that all complaints to ACMA must be in writing. You may also report a complaint about content by emailing us at [email protected]
10. Suspension or Termination
IPC Solutions reserves the right to suspend your IBC Access Service if you are in breach of this Policy, provided that we will first take reasonable steps to contact you and give you the opportunity to rectify the breach within a reasonable period. What is reasonable in this context will depend on the severity of the problems being caused by the breach (for example, if you commit a serious or continuing breach, it may be reasonable to immediately suspend your IBC Access Service without notice to you).
If we notify you of a breach of your Spam Obligations, we will, at your request and to the extent we are reasonably able, supply you with information as to the nature of open relays and suggested resolutions to assist you to comply with your Spam Obligations.
Our right to suspend your IBC Access Service applies regardless of whether the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.
If your IBC Access Service is suspended and you do not correct the grounds upon which it was suspended within seven days, we may terminate your IBC Access Service. In the event your IBC Access Service is terminated, you may apply for a pro rata refund of any pre-paid charges for your IBC Access Service, but we will have the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in the suspension.
IPC Solutions may vary this Policy by giving you notice by email to the email address notified by you or otherwise in accordance with the notice provisions of your service agreement with us. Your continued use of your IBC Access Service after such notice will constitute acceptance of the variation.