Acceptable Use Policy

Acceptable Use Policy

1. Introduction & Interpretation

1.1    This Acceptable Use Policy (AUP) outlines what we consider to be unacceptable use of the Services we provide to our customers. The AUP may be changed or amended from time to time. We will endeavour to provide you the most current AUP.

1.2    In this document:

(a) ‘we’, ‘our’ and ‘us’ means Sprite Networks; and

(b) customer’ means a reseller or user of our Services;

2. Application of AUP

2.1    This AUP sets out our expectations of the way our customers will use our Services.

2.2    When a customer signs up for Services with us, they agree to comply with our Terms and Conditions. It is a condition of those Terms and Conditions that all our customers comply with the terms of this AUP. A customer’s decision to purchase any of our Services signifies their acceptance of the terms of this AUP.

2.3    A customer’s obligation to comply with this AUP includes their obligation to ensure that any person who they allow to use our Services also complies with this AUP.

3. The Services covered by this AUP

3.1    This AUP applies to all Services hosted by us.

3.2    If we provide a customer with access to a network outside our network the customer is responsible for complying with the AUP for that network.

4. Sprite Network’s responsibilities

4.1    We will take reasonable measures to ensure that the owners and operators of the Services we host will comply with this AUP.

4.2    We reserve the right to monitor a customer’s compliance by any means and to take action if we consider it necessary.

5. Unacceptable Use

5.1    Any use of our Services that contravenes the various Commonwealth and State laws that govern many aspects of Internet use is, by definition, unacceptable use. Our customers are strongly advised to familiarise themselves with these laws and to operate within them.

5.2    A customer must not use our Services, attempt to use a Service, or allow a Service to be used in any way that:

(a) Breach of law:

(i) results in the customer or us breaching, or being involved in a breach of law, order, code,
instrument or regulation;

(ii) stores, sends or distributes any content or material which is restricted, prohibited, other otherwise
unlawful under any applicable Commonwealth, State or Territory law;

(b) Obscene, defamatory, offensive, abusive material;

(c) Where it:

(i) violates a person’s privacy;

(ii) infringes on any person’s rights (including intellectual property rights and moral rights);

(iii) constitutes a misuse of any person’s confidential information;

(iv) results in a breach by a customer of any obligation that he/she/it owes to any person;

(d) Prohibited and Restricted content:

(i) sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material that is likely to be considered unsuitable for minors;

(ii) sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material which is classified RC or X by the Australian Classification Board;

(e) Protection of minors: 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 the customer;

(f) Illegal business practices:

(i) engages in any misleading or deceptive business or marketing practice;

(ii) involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

(g) Damage to property or people:

(i) results, or could result, in damage to property or injury to any person;

(ii) harasses, menaces or stalks people;

(iii) accesses, monitors or uses any data, system or network of another person without authority or attempts to probe, scan or test the vulnerability of any data, system or network;

(iv) accesses, downloads, stores, sends or distributes any viruses or other harmful programs or material;

(h) Our Service:

(i) manipulates or bypasses our usage limits;

(ii) undertakes any activity which impedes or interferes with our ability to provide our Services;

(iii) damages our commercial well being, reputation or brand;

(i) Excessive Resource Usage:

(i) would result in an excessive load being generated on our servers, network, or other resources; and

(ii) would create any undue burden on other our customers or the Service in general.

5.3    To the extent permitted by law, we reserve the right to decide whether any action or omission constitutes unacceptable use and our decision will be final.

6. Spam

6.1    In addition to the requirements set out above, this AUP also applies to SPAM email.

6.2    Customers must comply with the Spam Act 2003 (Cth) (‘Spam Act’) and otherwise not engage in practices with would result in a breach of the Spam Act or Spam Regulations 2004.

6.3    In using our Services customers must not:

(a) indiscriminately send or cause to be sent or assist in the sending of unsolicited, unwanted, or inappropriate messages, especially commercial advertising in mass quantities;

(b) provide capability which permits third parties to send SPAM;

(c ) cause an adverse effect on any computer, network, or data belonging to any party;

(d) access anyone else’s systems, networks or data without consent, regardless of whether or not such access or use has any adverse effect on the system, network, or data;

(e ) create, send, or alter in any way 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 themself;

(f) use or distribute any software designed to harvest email addresses.

6.4    Customer’s agree to use their reasonable best endeavours to secure any device or network within their control against being used in breach of this AUP 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.

6.5    If a customer breaches this AUP’s prohibition against SPAM, we may suspend or terminate their Service.

6.6    Filtering Services are an effective means of reducing the amount of Spam customers receive. However, they will not eliminate all Spam and there is a risk that legitimate email might occasionally be incorrectly classified as Spam and therefore lost.

7. Content

7.1    In addition to the requirements set out above, this AUP also applies to the content customers make available and information customers choose to access on the internet.

7.2    When making information or content available using the Services we provide, customers must ensure:

(a) that it is classified, labelled and distributed in accordance with the Classification (Publications, Films and Computer Games) Act 1995 (Cth) or any industry code that applies to a customer’s use or distribution of that content;

(b) that the content is not provided if it has not been classified by the Classification Board and would, if it were classified by the Classification Board, be substantially likely to be classified RC, x 18+, R 18+ or MA 5+.

8. Our actions regarding unacceptable use

8.1    At our absolute discretion, we reserve the right to suspend or terminate a customer’s access to any or all Services provided by us if we form the view that a customer has breached this AUP.

8.2    Our right to suspend or terminate a customer’s account applies regardless of whether the breach is committed intentionally, through misconfiguration, or by other means not authorised by a customer including, but not limited to, through a Trojan horse or virus.

8.3    The types of action we make take where we form the view that a customer has breached this AUP include:

(a) for a serious breach of this AUP, immediately terminating or suspending a customer’s Service;

(b) for a non-serious breach where the consequences are serious, immediately terminating or suspending a customer’s Service;

(c) for all other breaches, immediately suspending a customer’s Service and then terminating the Service if that customer does not remedy the breach within the timeframe we have given to that customer to rectify it (such timeframe to be determined by us in our absolute discretion having regard to the severity and consequences of the breach);

(d) removing or disabling access to content or material if we are directed to do so by the Australian Communications and Media Authority under a takedown notice in accordance with its obligations under the Broadcasting Services Act 1992 (as amended);

(e) reporting a customer’s conduct or activities to relevant government agencies or authorities;

(f) complying with requirements detailed in any law, order, regulation or applicable industry code;

(g) giving a customer a warning regarding their conduct or activity or a notice to rectify a breach; or

(h) any combination of the above.

8.4    We may remove any content or information a customer makes available using our Services where we are directed to do so by the Australian Communications and Media Authority, Australian Securities and Investments Commission, Australian Competition and Consumer Commission, Australian Privacy Commissioner, or any other government agency or authority with the legal authority to require us to do so.

8.5    We may comply or cooperate with law enforcement and security agencies through any means we consider reasonable, including in relation to court orders for the interception or monitoring of our Services.

8.6    We may monitor or review a customer’s use of our Services, including content and information, but we are not obliged to do so.

9. Liabilities and indemnities

9.1    We will not be liable for any loss a customer might incur if we suspend or terminate a customer account under the terms of this AUP where:

(a) a customer has breached the terms of this AUP;

(b) we are required to do so by law;

(c) we are directed to do so by the Australian Communications and Media Authority under a takedown notice in accordance with its obligations under the Broadcasting Services Act 1992 (as amended);

(d) we acted reasonably in exceptional circumstances; or

(e) we are not able to reach a mutually acceptable outcome.

9.2    Each customer agrees to indemnify us against any claim a complainant might make for any loss or damages the complainant incurs as a result of a breach of this AUP by that customer.