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Main >> Access >> Legals >> Acceptable Usage Policy

Acceptable Use Policy
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING ISPDR'S NETWORK AND SYSTEMS. BY USING ANY ISPDR'S SERVICE YOU AGREE TO BE BOUND BY THE ACCEPTABLE USAGE POLICY LISTED BELOW. IF YOU DO NOT WISH TO BE BOUND BY THE ACCEPTABLE USAGE POLICY, YOU MAY NOT ACCESS ISPDR'S NETWORK OR SYSTEMS.

Purpose
This document constitutes the Acceptable Use Policy ("Policy") referred to in your agreement with ISPDr. This document describes the rules that ISPDr uses in providing services to its customers via its network and systems ("Services") and the rules to which ISPDr customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of the Services.

Application
This Policy is applicable to all ISPDr customers (which term includes the customers of such customers) use of the Internet. A breach of this Policy by any ISPDr customer is strictly prohibited and may lead to the suspension or termination of the customer's service or any part of it, without notice.

All obligations on you apply to everyone you let use the Services.

Responsible Usage
You are responsible for your actions on the ISPDr network and systems you access through the Services. You must comply with all rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly, irresponsibly or your actions endanger ISPDr's network or systems, your access may be suspended or terminated at any time by ISPDr without notice to you.

In particular, you agree that whilst using the Services, you will not:

  • Store, send or distribute material which is obscene, indecent, pornographic or confidential or material that could give rise civil or criminal proceedings
  • Do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends or violates the privacy of any person
  • Do anything, including store, send or distribute material, of an illegal or fraudulent nature, including activities prohibited under any applicable state and Commonwealth law
  • Do anything, including store, send or distribute material which interferes with other users or restricts any person or which inhibits any other user from enjoying the Services, the Internet and ISPDr's network and systems
  • Forge header information, email source address or other user information
  • Breach any laws, codes, standards and content requirements of any relevant authority
  • 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
  • Place any viruses or other similar programs on the Service or the Internet
  • Distribute unsolicited advertising or spamming or overload any network or system;
  • Use another person's name, username or password or otherwise attempt to gain access to the account of any other ISPDr customer;
  • Tamper with, hinder the operation of or make unauthorised modifications to any network or system or attempt any of the above acts or permit another person to do any of the above
Reasonable Resource
ISPDr requires you to act responsibly in your use of resources on ISPDr's network and systems. If you use unreasonably excessive resources on ISP Doctor's network and systems, your access may be suspended or terminated at any time by ISPDr without notice to you

Security
You are responsible for maintaining the security of your ISPDr Internet service, including protection of account details and passwords. You indemnify ISPDr and ISPDr's officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of your service, including unauthorised usage of your service by a third party, up until the time you notify us of unauthorised access.

Copyright
You are responsible for ensuring that you do not store on the ISPDr system, transfer or cause to be transferred over the ISPDr network, reproduce or make available for distribution through the ISPDr network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968 (Cth)or otherwise infringe any third party intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner).

Content
ISPDr does not and cannot monitor or control the content and information accessed via the Services which may be offensive, inappropriate or unsuitable. ISPDr provides access to the Internet only. ISPDr shall not be held responsible in any way for the content of the information accessed or offered for public access via the Services. It is your and/or your users' and customers' responsibility to avoid whatever is found to be offensive or obscene on any system or the Internet. You and/or your users and customers will be responsible for any material you or your users/customers place on ISPDr's network and systems, and for any statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and bulletin boards. Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under any applicable state or Commonwealth law.

Regulatory Authorities
Commonwealth legislation allows the Australian Broadcasting Authority ("ABA") to direct us to attend to certain matters including removal or prohibited Internet content from our servers or prevent users from accessing certain Internet content. You agree that we may take any necessary steps in order to comply with any relevant industry code of practice or direction from the ABA or other regulatory authority. We may take these steps at any time without notice to you.

Investigation By Authorities
ISPDr reserves the right to act in any manner it deems appropriate where there are reasonable grounds for suspecting that illegal or unacceptable usage of the ISPDr network and systems is occurring. ISPDr will co-operate fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via its network or systems. ISPDr reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

Complaints
To report a violation of this Policy, please send details, including any documentation, article or e-mail to complaints@ispdr.net.au.

Suspension or Termination
ISPDr reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet encourage or incite another party to breach, this Policy.

Indemnity
You indemnify ISPDr and ISPDr's officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses directly or indirectly suffered or incurred by ISPDr (including as a result of a claim by a third party) resulting from:
  • Any breach of this Policy; and/or
  • The use or misuse of the Services by you or any other person using your Services.
General Disclaimer of Liability
ISPDr disclaims all liability for or in relation to any loss or damage incurred by you or your equipment in any way through or in relation to the use of the services or the suspension or termination of the Services by ISPDr pursuant to your agreement with ISPDr or this Policy. This disclaimer of liability is in addition to and does not supersede, limit or replace any other applicable limitation of liability in any ISPDr terms and conditions or other agreement.

Waiver
If ISPDr does not act in relation to a breach by you of this Policy, this does not waive ISPDr's right to act with respect to any subsequent breach.

Changes
ISPDr may vary this Policy at any time. ISPDr will post the revised Policy on its home page. Your continued use after such posting will constitute acceptance of the variation. ISPDr may also give notice to you of a variation of this Policy by email to the email address notified by you or by or any other means it deems appropriate.

Last Revision: Dec 2002

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