Acceptable Use Policy – nbn® Fixed Line and Fixed Wireless Internet Service – IPSTAR

Part 1 – Background

This document is the IPSTAR Australia Pty Ltd (IPSTAR) Acceptable Use Policy. 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 – 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 authorizing, 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

1. Violation of all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited;
2. Using the Services in relation to crimes such as theft and fraud is strictly prohibited;
3. Using the Services 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;
4. Unauthorized copying of copyrighted material including, but not limited to, digitization 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;
5. Exporting software, technical information, encryption software or technology, in violation of domestic export control laws, is strictly prohibited;
6. Introduction of malicious programs into the IPSTAR network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;
7. 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);
8. Using another person’s name, username or password or otherwise attempting to gain access to the Services of any other person is strictly prohibited;
9. 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;
10. Making fraudulent offers of goods or services is strictly prohibited;
11. 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 authorized 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;
12. Port scanning or security scanning is strictly prohibited (where such scanning is carried out without the prior written authorisation of IPSTAR Australia Pty Ltd);
13. Executing any form of network monitoring which will intercept data not intended for you is strictly prohibited;
14. Circumventing user authentication or security of any IPSTAR host, network or account is strictly prohibited;
15. Interfering with or denying service to anyone is strictly prohibited;
16. The Services are for residential use only and you must not use the Service to operate any servers for serving out data;
17. 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

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