Disclaimer and acceptable use policy
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Acceptable use policy
In this document references to ‘we’, ‘us’ and ‘our’ are references to the member of the Telecom group who provides services subject to this acceptable use policy (“AUP”).
The AUP applies to the services provided by us pursuant to agreements which state that the AUP applies (“Services”). This AUP applies to (a) our customers (“Customers”) who agree to take the Services and (b) to all other users of the Services. Those users include customers of the Customers (“End Users”) who receive a service that utilises one or more of the Services. The Customers and the End Users are together called the “Users” in this AUP.
Violations of the AUP, and the acceptable use policies of other providers (see paragraph 5 below), can severely affect provision of various services. For example, spamming by Users can lead to denial of service attacks that disrupt the provision of Services to Users and the use by others of services on the internet. Breach of this AUP will be considered a material breach of the terms and conditions governing the provision of the Services by Telecom.
Breach of this AUP by an End Users, is considered to be a breach by the Customer who provides that Service to the End User as well as by the End User, regardless of whether the Customer had knowledge of the breach. For the avoidance of doubt a Customer that is an information service provider or other on-line content provider is responsible for ensuring its End Users comply with the AUP. The AUP supplements, but does not supersede, our agreements for the Services. The requirements in the AUP are guidelines. They are not intended to be exhaustive.
While we do not monitor or control communications, if we become aware of a violation of the AUP, we may take such action as we consider appropriate including, in respect of the User : termination; suspension; blocking or filtering of sites; and co-operating with and notifying relevant authorities and parties including enforcement agencies and other internet service providers and carriers. We may, for this purpose, need to communicate personal information relating to the User to the relevant authorities.
We may when we are investigating any problem or complaint take any of these steps in our sole discretion without first informing the Users. However, where we deem it appropriate, we will inform Users, to give them an opportunity to comply voluntarily.
Users must inform us of all breaches by any person of which they are aware. They should do so by contacting their account manager
Changing the Acceptable Use Policy
- We may change the AUP at any time. Changes may take the form of a completely new AUP. We will tell you about any changes by posting an updated version of the Policy.
- Users must not use Services in ways that constitute criminal or civil breaches of any statute, regulations, government requirements or any other law (including general or common law) of any country. Those breaches include, without limitation, breach of intellectual property rights (such as copyright, trade marks, patents, trade secrets and confidential information); defamation; breach of obscenity laws and laws as to objectionable publications, such as pornography and hateful materials; fraud; theft; misappropriation of money, credit card details or personal information; breaches of privacy obligations; and trade practices legislation, examples of which are the Fair Trading and Consumer Guarantees Acts (New Zealand) and the Trade Practices Act (Australia).
Security and Protection of the Network.
- Users must not use Services to breach, or attempt to breach, the security and operation of any network, equipment or any other system. This includes: hacking, cracking into, monitoring, or using systems without authority; scanning ports (including scanning for open relays); improper configuration of mail servers and FTP servers enabling distribution of spam and unlicensed material by others; interference of service to any user or network (or activities that might encourage such interference by others) including mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; denial of service attacks or activities which might encourage denial of service attacks by others; unnecessarily excessive traffic (including excessive pings); distributing viruses, or other harmful material or software; any communications across the Services which do not accurately identify (or disclose in a manner that is misleading) addresses, headers, names and other relevant details; and using our network in any way as a staging ground for any of those breaches or to disable or “crack” other systems.
- Users must not use Services in a way that breaches any material standard, code and content requirements produced by any relevant authority or industry body.
- Users may not use Services to transmit content of a threatening nature including threats of death our, physical harm.
Passwords provided to Users are intended exclusively for their personal use. Users shall be responsible for protecting passwords from and against misuse by unauthorised persons (ie my mum). Users must immediately change passwords suspected of being disclosed to unauthorised parties. Where applicable, Users must immediately request that a new password be issued by us. Customers bear all the risk arising from the use and/or misuse of User ID and passwords, including costs associated with the issuance of new passwords.
Spam Users must not use the Services for sending “Spam”.
Spam includes, but is not limited to:
any communication that is in breach of the Unsolicited Electronic Messages Act 2007
unsolicited e-mails without identifying an easy way for the recipient to stop receiving more e-mails from the originator of those e-mails;
unsolicited bulk e-mail (i.e.: sending a single message to more than 12 destinations (whether newsgroups, e-mail addresses or websites) where there is no pre-existing business or personal relationship with the recipients);
messages or e-mails that could be expected to provoke complaints;
chain letters, pyramid schemes or hoaxes;
e-mails and messages that do not accurately identify the sender’s return address, header or domain name;
sending unsolicited e-mails and bulk mail from another provider, advertising or impacting upon the use of any of the Services.
Users must use Services in a responsible manner taking into account:
the effect that use may have on networks, equipment and other parties;
compliance with “netiquette”, newsgroup and internet conventions (as well as restrictions in rules, charters, FAQs and similar Newsgroup, website and e-mail mailing list material);
such use must not interfere with the availability of any of the Services to others (or any other services including services offered by us and other internet providers and carriers to others).
Customers must take reasonable steps to prevent IP spoofing, using ip verify unicast reverse path and IP address filtering wherever appropriate