Acceptable Use Policy

1. General

This policy provides procedures in relation to acceptable use when using Ultra Serve Internet Pty Limited services as a customer. It also applies when you are using these services as an end user through a wholesaler who has resold these services to you. Ultra Serve may amend this policy without notice to a customer or end user. The continued use of the services by a customer or end user constitutes agreement by that customer or end user to comply with the amended policy. The current version of the policy is posted at www.ultraserve.com.au/acceptable­use­policy This policy is in addition to a customer’s obligations under an agreement.

2. Unacceptable Uses

Your must not use our services as follows:

Breach of Law: The use or attempted use of the services to breach a law or regulatory requirement, or allow another person to do so.

Damage to Property or People: The use or attempted use could result in damage to property or injury to any person.

Prohibited Content: The use or attempted use which results in the transmission of prohibited content, including without limitation, content which is classified or would be classified as RC or X18+ by the classification board in accordance with the Classification (Publications, Films and Computer Games) Act 1995 The use or attempted use that involves the provision of content that is unsuitable for minors or allows a minor to access inappropriate material.

Discrimination: The use or attempted use that incites discrimination, hate or violence to a person or group because of their race, religion, gender, nationality or any other reason.

Obscene or Defamatory Material: The use or attempted use directed at sending or displaying obscene, offensive, defamatory, harassing, abusive or threatening material.

Illegal Business Practices and Gambling: The use or attempted use directed at providing or promoting activities determined to be illegal, including misleading and deceptive advertising, pyramid selling schemes, fraudulently charging credit cards, pirating software or unlawful gambling or gaming activities.

Rights of Others: The use or attempted use which infringes Ultra Serve Internet Pty Limited or any other users intellectual property rights including copyright trademarks, service marks, or misuses their confidential information. The use or attempted use which results in a breach of
any state or Commonwealth privacy law.

Spamming: The use or attempted use to: send, allow to be sent or assist in the sending of Spam; use or distribute any software designed to harvest email addresses; or otherwise breach the Spam Act or the Spam Regulations 2004 (Cth) Spam includes one or more unsolicited commercial electronic messages with an Australian link for the purposes of the Spam Act 2003 (Cth) and derivations of the word Spam have corresponding meanings.

Unauthorized Access to Other Computers or Networks: The use or attempted use to access computers, accounts, networks of others or penetrate security measures of another’s system including probing for an attempted system penetration.

Distribution of Malicious Code and Other Disruptive Actions: The use or attempted use to send or distribute any malicious code, or to distribute information regarding the creation and sending of malicious code and actions which may disrupt the use of or interfere with another’s computer.

Export Controls: The use or attempted use to send or distribute controlled technology to a point outside Australia without the necessary regulatory approval and licence.

3. Monitoring

Ultra Serve Internet Pty Limited is not obliged to monitor a customer or end user’s use of the services, including any content posted, disseminated or accessed by the customer or end user, but reserves the right to do so to:

  • determine whether this policy is being breached;
  • enforce the policy; and
  • protect other customers and end users of the services

4. Action

Ultra Serve Internet Pty Limited may suspend or terminate any account or take other action it considers appropriate where it believes that its services and network are being operated in such a way that the customer or an end user is in breach of this policy. Ultra Serve Internet Pty Limited may notify any regulatory agency where it believes that any customer or end user is in
breach of any legal or regulatory requirement and disclose information as requested or necessary to protect Ultra Serve Internet Pty Limited and others from harm, or for the proper operation of Ultra Serve Internet Pty Limited’s system.

5. Third Party Complaint Process

From time to time Ultra Serve Internet Pty Limited receives complaints from third parties regarding unacceptable uses or regarding breach of our policy by customers or their end users. Where this occurs Ultra Serve Internet Pty Limited will attempt to resolve such complaints by working with their customers. Where we are unable to resolve the complaint in this way we will put the complaining party in direct contact with the party best able to answer the complaint, which may include the Australia Communications and Media Authority (ACMA).

Version 1.3
01/03/2011