Acceptable Use Policy
This is Avantic Software's Acceptable Use Policy. It applies to you if you are a Avantic Software Customer or User ("you"). It is intended to ensure that your use of Avantic Software's service is trouble free and that you have due regard to the law and the needs of other users.
Please look out for any amendments to the Policy that Avantic Software ("we") might make in the future. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.
In this policy we use the following definitions:
Mobile Carrier Content Service is a content service that is controlled by a mobile carrier that is made available to end users in Australia, and hosted on servers within Australia. Potentially Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended). Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended). Restricted Content means content that: is classified by the Classification Board R or R18+ (and in the case of Mobile Content MA, MA(15+), MA15+, R or R18); or that has not been classified but if it were to be classified by the Classification Board there is a substantial likelihood that it would be classified, R or R18+ (and in the case of Mobile Content MA, MA(15+), MA15+, R or R18); in accordance with the Classification Act, the National Classification Code and relevant Classification Guidelines. Spam means: commercial messages (including any offers, advertisements, promotions to supply goods, services, business or investment opportunities, or if purpose of the message is to assist or enable a person to dishonestly obtain a gain from another person); sent to recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them; and delivered via electronic means including email, discussion groups, fax, SMS, MMS and ICQ messages. Users means users of the Service who have not obtained it as a Customer, but via a Customer who is authorised to resell the Services such as a Avantic Software Partner. 1. Some General Principles 1.1 You should familiarise yourself with your legal responsibilities. You can view your legal responsibilities in relation to: supervising and controlling children's access to internet content; procedures which parents can implement to control children's access to internet content, including availability, use and appropriate application of internet content filtering software; and obligations which may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation, at either of the following wehostsb sites: http://www.iia.net.au
;
or http://www.aba.gov.au
1.2 You are responsible for complying with conditions of use of other networks. If we provide you with access to a
network outside our Service you must comply with any acceptable use conditions which apply to that network.
2. Unacceptable Uses
2.1 You must not use our Services, attempt to use our Services or allow the Services to be used in any way: Breach of Law Which results in you or Avantic Software breaching, or being involved in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation), a mandatory code of conduct, or a voluntary code of conduct that you have agreed to comply with. Damage to property or people Which results, or could result, in damage to property or injury to any person; To harass, menace or stalk people. Prohibited Content or Potentially Prohibited Content To place on the internet, obtain through the internet or transmit using the internet any of the following: Content which is (or would be) classified RC or X by the Classification Board. Such content includes: material containing detailed instruction in crime, violence or drug use; child pornography; bestiality; excessively violent or sexually violent material; 'real depictions of actual sexual activity; or Content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the ABA. Content classified R is not considered suitable for minors and includes: material containing excessive and/or strong violence or sexual violence; material containing implied or simulated sexual activity; material which deals with issues or contains depictions which require an adult perspective; Restricted Content To provide content that is likely to be considered unsuitable for minors (even though the content may not be Prohibited Content or Potentially Prohibited Content) without using appropriate warnings and/or labelling systems for that content; To provide Restricted Content on a Mobile Carrier Content Service to an end user if the end user has not 'opted in' for Restricted Content and without taking reasonable steps to ascertain that the end user is not a minor. Protection of minors Which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you; Discrimination Which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality; Obscene, defamatory, offensive, abusive To send, display or be otherwise involved in material which is obscene or defamatory; Which is, or which would be considered by a reasonable person to be, offensive or abusive; Illegal business practices and gambling To engage in any misleading or deceptive business or marketing practice; That involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities; The rights of others Which infringes Avantic Software's or any other person's rights (including intellectual property rights and moral rights); Which constitutes a misuse of Avantic Software's or any other person's confidential information; or Which results in a breach by you of any obligation that you owe to any person. Avantic Software's Service undertake any activity which impedes Avantic Software's ability to provide its Service; make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers; undertake acts that waste resources or prevent other users from receiving the full benefit of our services; to solicit subscribers to become subscribers of other competitive services. 2.2 Resale of our Services to others is strictly forbidden under all circumstances unless expressly approved by Avantic Software in writing. The Partner Program provides for the resale of services.3. Spamming
3.1 You must not use our Services, attempt to use our Services or allow our Services to be used:
To send, cause the sending of or otherwise be involved in the sending of Spam; provide a capability on a Avantic Software-hosted site which permits third parties to send Spam from a Avantic Software server;In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data belongs to Avantic Software or anyone else);
To access or use Avantic Software's or any one else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data; To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you; send electronic chain letters; to manipulate or bypass Avantic Software's content usage limits; send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list; undertake activities which cause or may cause third party service providers to place Avantic Software's internet protocol (IP) addresses on a blacklist and/or block those IP addresses; distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists.3.2 We support increasing awareness of our Customers about Spam and how it can be managed. Avantic Software uses spam
and virus filters and encourages our customers to use spam and virus filters. You agree to Avantic Software's use of
spam and virus filters which may require us to use third party equipment or services to monitor and filter email
traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters
and that we will not be liable for any loss or damage resulting from the use of spam or virus filters. Further
information about these products can be found at the web site of the Internet Industry Association at http://www.iia.net.au/nospam .
4. Third Party Complaint Process
4.1 From time to time, Avantic Software receives complaints from third parties ("Complaints") regarding unacceptable uses, allegedly being conducted by Customers or their Users. Avantic Software will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where Avantic Software reasonably believes that it must take urgent action without reference to the Customer.
4.2 If Avantic Software is unable to resolve the complaint by working with Customers, Avantic Software's policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, Avantic Software's Customers authorise and direct Avantic Software to provide to third party complainants the relevant Customer's email contact details.
4.3 You have a right to complain to the ABA about content. If you become aware that a web site hosted by Avantic Software
contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to the Australian
Broadcasting Authority by contacting them at: ABA, Head Office, Level 15 Darling Park, 201 Sussex Street, Sydney NSW
2000, or through their web site at http://www.aba.gov.au .
5. What We May Do to Ensure That This Policy is Being Followed
5.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.
5.2 If we monitor the conduct of your account we will safeguard your privacy subject to the terms of our Privacy Policy.
5.3 We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:
warn you by email (but we are not obliged to do so); suspend your access to the Service; terminate your account without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.5.4 In the event of taking action under 5.3 we reserve the right to delete any or all of your information, material, software or other content stored on our system at our sole discretion.
5.5 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:
where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party's rights; if we are directed to do so by the ABA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended); and if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).5.6 You agree that you will have no claim against Avantic Software in respect of any action reasonably taken by Avantic Software in its implementation of the terms of this Acceptable Use Policy, and you indemnify Avantic Software against any claim by a User arising out of the same.