IPSTAR Australia Pty Limited

Acceptable Use Policy

Fair Use Policy

 

(Residential Use Only)

Version 3.0 – March 2018

 

Part 1 – Background

• This document is the IPSTAR Australia Pty Ltd (IPSTAR) Acceptable Use Policy (AUP). It sets out the restrictions that apply to the use of and access to the Services by you or any person who accesses or uses the Services at or via the premises where the Customer Premises Equipment (“CPE”) has been installed for your use.
• IPSTAR Australia Pty Ltd reserves the right to suspend or terminate access to the Services at any time, upon actual or suspected breach of the restrictions set forth herein or where required by law or by any Australian Government Department or Agency.
• The restrictions set forth in this document are in addition to those specified elsewhere in the Agreement.

Part 2 – Acceptable use IPSTAR Internet and Voice Services

The Restrictions

• The Services may not be used in any manner that is illegal, discriminatory, abusive, insulting, threatening, obscene, harassing, racist, or otherwise inappropriate and your commission, or authorising, aiding, abetting, encouraging or inciting any person to do or attempt to use the Services in any such manner (including, but not limited to, by any one or more of the following acts) is strictly prohibited:-

Prohibited Activities – Service Access and Use

• Violation of all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited ;
• Using the service in relation to crimes such as theft and fraud is strictly prohibited;
• Using the service in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited;
• Unauthorised copying of copyrighted material including, but not limited to, digitisation and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music or video and the installation of any copyrighted software for which you do not have an active license is strictly prohibited;
• Exporting software, technical information, encryption software or technology, in violation of domestic export control laws, is strictly prohibited;
• Introduction of malicious programs into the IPSTAR network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;
• Revealing your account password to others or allowing use of the Services by others is strictly prohibited (for the avoidance of doubt, this includes family and other household members);
• Using another person’s name, username or password or otherwise attempting to gain access to the Services of any other person is strictly prohibited;
• Using the Services to actively engage in procuring or transmitting material that is in violation of sexual harassment or workplace relations laws is strictly prohibited;
• Making fraudulent offers of goods or services is strictly prohibited;
• Effecting security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
• Port scanning or security scanning is strictly prohibited (where such scanning is carried out without the prior written authorisation of IPSTAR Australia Pty Ltd);
• Executing any form of network monitoring which will intercept data not intended for you is strictly prohibited;
• Circumventing user authentication or security of any IPSTAR host, network or account is strictly prohibited;
• Interfering with or denying service to anyone is strictly prohibited;
• The Service is for home use only and you must not use the Service to operate any servers for serving out data;
• Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any persons’ terminal session, via any means, locally or via the Internet, is strictly prohibited;

Prohibited Activities – Email and Communications

• Sending unsolicited email messages in breach of the Spam Act 2003 is strictly prohibited;
• Any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited;
• Unauthorised use, or forging, of email header information is strictly prohibited;
• Solicitation of email for any email address, with the intent to harass or to collect replies is strictly prohibited;
• Creating or forwarding “chain letters”, “Ponzi” or other “pyramid” schemes of any type is strictly prohibited;
• Use of the Services in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited.

Prohibited Activities – Voice Services

• Without restricting what is meant by ‘prohibited activities’ you acknowledge and agree that it is a condition of the Agreement that IPSTAR will only supply the Voice Service for the purpose of you making and receiving calls on our network for your personal use.
• Unless otherwise authorised in writing by IPSTAR, IPSTAR will consider prohibited activities use of the Voice Service to be:
  1. using a residential service for business purposes;
  2. if you use a device that reroutes calls to/from our network or the network of another supplier; or

• wholesale (or resell) any service on our network.

• We further consider your use of the Voice Service to be prohibited activities if you reduce or limit the ability of other Customers to access our network as you:
  1. engage in the bridging of conference calls;
  2. use the Voice Service to link two or more communication devices together for the purposes of providing a permanent or semi-permanent circuit; or

• use the Voice Service for any other purpose than the predominant function of person-to-person Voice communication.

• Without reducing or restricting our rights under the Agreement, where we consider your use prohibited activities IPSTAR may;-
• contact you by phone or email, using the contact details you have provided advising that you are in breach of the Acceptable Use Policy confirming that you must immediately cease breaching this Acceptable Use Policy; or
• contact you by phone or email, using the contact details you have provided advising that you are in breach of the Acceptable Use Policy and to cease prohibited activities use immediately otherwise your access to the Voice Service may be subjected to termination without further notice; or
• terminate your access to the Voice Service immediately and without any prior notice if the breach is considered seriously detrimental to the IPSTAR network or of any supplier network.

Part 3 – Fair Use Policy

nbn Skymuster Satellite Internet Service

Background to Fair Use Policy

• The policy specifically relates to data usage on our Internet Service plans. Please see our website for details of our plans.
• Excessive use
• You must use your Internet Service in accordance with any download or capacity limits stated in the specific plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of the NBN Network, our Network or any systems. To be clear, from 1st October 2017, NBN Co Limited is enforcing a Fair Use policy where each connection (Customer) where
• 150GB / 200GB / 300GB or more data usage in 4 week rolling period during peak hours constitutes a breach of the nbn™ Fair Use Policy.
• 300GB or more of total data usage both peak and off-peak in 4 week rolling period constituted a breach of the nbn™ Fair Use Policy.
• Once you exceed these limits you will not be able to use the service until the start of the next billing period which is the 15th of each month.
• To check your download use, please use the IPSTAR Customer Portal which provides a daily report. IPSTAR also notifies usage at 50%, 85% and 100% of plan quota via email and/or SMS.

Voice Services

Fair Use Policy

• This fair use policy relates to our Voice services only. For the avoidance of doubt, users of our Voice services are bound by all parts of this Acceptable Use Policy, not just this part 3. This fair use policy is designed to protect the quality and integrity of the network upon which the Voice Services operate and in doing so ensure all Customers of our Voice Services receive fair and equitable access to Voice Services.
• The policy specifically relates to usage of ‘flat rate’ calls and ‘included’ calls on all Voice Service plans that have these type of call inclusions provided to its subscribers. Please see our website for details of our plans.
• We may depend on our Fair Use Policy in circumstances where your usage of ‘flat rate’ or ‘included’ untimed call charges that form part of a pricing plan or promotional offer is deemed to be excessive or unreasonable.
• We retain the right to vary the terms of the Fair Use policy at our discretion from time to time. Excessive use
• The objective of the excessive use provisions of this Fair Use Policy is to identify those Customers likely to be using
• residential plans for commercial purposes. This is likely to place unsustainable demands on our Voice Services system.
• We consider excessive use to be a call duration of more than 180 minutes per call where a ‘flat rate’ applies, and/or more than 3000 minutes of talk time per month, as well as a regularity of calling that indicates that the Voice Service is not being used for residential use only.
• If your use of the prescribed Voice plans is excessive we will contact you by phone or email, using the contact details you have provided advising that you are in breach of this Fair Use Policy.
• If you subsequently are found to be in breach of this Fair Use Policy as a result of excessive use, IPSTAR reserves the right to terminate your access to the Voice Service.

Part 4 – Changes to this Policy

• IPSTAR may vary this policy from time to time. IPSTAR will provide notice by email or as a portal notification. Your continued use of the Service after such notice will constitute acceptance of the variation.