Internet Acceptable Usage Policy

Internet Acceptable Usage Policy
Please read this document carefully before accessing CCS COMMUNICATIONS’s network and
systems. By using any CCS COMMUNICATIONS internet service you agree to comply with the terms
of our acceptable use policy.
1.Purpose
This Internet Acceptable Use Policy (“Policy”) sets out the rules which apply to use of our broadband
internet connection services (“Internet Services”), including your responsibilities, and permitted and
prohibited uses of those services.
Compliance with this Policy ensures you may continue to enjoy and allow others to enjoy optimum
use of our Internet Services.
2.Application
This Policy applies to all customers who acquire Internet Services from us. Your obligation to comply
with this Policy includes your obligation to ensure any person who you allow to use your Internet
Service also complies with this Policy.
Your failure to comply with this Policy (including by any person who you allow to use your Internet
Service) may lead to the suspension or termination of your Internet Service.
3. Responsible Usage
You are responsible for your actions on our telecommunications network (“Network”) and systems
you access through your Internet Service. If you act recklessly or irresponsibly in using your Internet
Service or your actions endanger any person or the integrity or security of our Network, systems or
equipment, your access may be restricted, suspended or terminated, without prior notice.
In particular, you agree that you will not use, attempt to use or allow your Internet Service to be
used to:
1. store, send or distribute any content or material which is restricted, prohibited or otherwise
unlawful under any applicable Commonwealth, State or Territory law, or which is likely to be
offensive or obscene to a reasonable person;
2. store, send or distribute confidential information, copyright material or other content which
is subject to third party intellectual property rights, unless you have a lawful right to do so;
3. do anything, including store, send or distribute material which defames, harasses, threatens,
abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any
person or class of persons, or which could give rise to civil or criminal proceedings;
4. do any other act or thing which is illegal, fraudulent or otherwise prohibited under any
applicable Commonwealth, State or Territory law or which is in breach of any code, standard
or content requirement of any other competent authority;
5. do anything, including store, send or distribute material, which interferes with other users or
restricts or hinders any person from accessing, using or enjoying the Internet, our Services,
Network or systems;
6. forge header information, email source address or other user information;
7. access, monitor or use any data, systems or networks, including another person’s private
information, without authority or attempt to probe, scan or test the vulnerability of any
data, system or network;
8. compromise the security or integrity of any network or system including our Network;
9. access, download, store, send or distribute any viruses or other harmful programs or
material;
10. send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your
spam obligations set out in clause 4, or overload any network or system including our
Network and systems;
11. use another person’s name, username or password or otherwise attempt to gain access to
the account of any other Customer;
12. tamper with, hinder the operation of or make unauthorised modifications to any network or
system; or
13. authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the
above acts.
4.Spam
In this Policy, “Spam” includes one or more unsolicited commercial electronic messages to which the
Spam Act 2003 applies, and derivations of the word “Spam” have corresponding meanings.
4.1 Codes of Practice
The Internet Industry Codes of Practice registered with the Australian Communications and Media
Authority (“ACMA”) set out how internet service providers, such as CCS COMMUNICATIONS, and
email service providers must address the sources of Spam within their own networks. They also
requires internet service providers and email service providers to give end-users information about
how to deal with Spam, and informed choice about their filtering options.
4.2 Suspension or Termination
This Policy prohibits you from using your Internet Service to send Spam. If you breach this
prohibition, CCS COMMUNICATIONS may suspend or terminate your Internet Service. The
circumstances in which we may do so are set out in section 11 below.
4.3 Reducing Spam
You can reduce the amount of Spam you receive if you:
 do not open emails from dubious sources;
 do not reply to Spam or click on links, including ‘unsubscribe’ facilities, in Spam;
 do not accept Spam-advertised offers;
 block incoming mail from known Spammers;
 do not post your email address on publicly available sites or directories. If you must do so,
look for options, such as tick boxes, that allow you to opt out of receiving further offers or
information.;
 do not disclose your personal information to any online organisation unless they agree (in
their terms and conditions or privacy policy) not to pass your information on to other
parties;
 use separate email addresses for different purposes, such as a personal email address for
friends and family and a business email address for work;
 install a Spam filter on your computer to filter or block Spam. We strongly recommend that
you install a Spam filter on your computer, even if you receive a Spam filtering service from
CCS COMMUNICATIONS. Information on the availability of anti-Spam software for end-users
is available at the Internet Industry Association (IIA) website.
 report any Spam you receive to CCS COMMUNICATIONS or the ACMA (see “Complaints”
below); and
 visit [the ACMA website] or [‘Fight SPAM on the Internet’ website for more information on
ways to reduce the volume of Spam you receive, including how to:
 reduce Spam if you operate a website; and
 avoid becoming an accidental Spammer.
4.4 Your Spam Obligations
You agree that you will use your Internet Service in compliance with the Spam Act 2003 and will not
engage in practices which would result in a breach of the Act. In particular, you agree that you will
not use, attempt to use or allow your Internet Service to be used to:
 send, allow to be sent, or assist in the sending of Spam;
 use or distribute any software designed to harvest email addresses;
 host any device or service that allows email to be sent between third parties not under your
authority or control; or
 otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth,
(your “Spam Obligations”).
 You agree to use your reasonable best endeavours to secure any device or network within
your control against being used in breach of your Spam Obligations by third parties,
including where appropriate:
 the installation and maintenance of antivirus software;
 the installation and maintenance of firewall software; and
 the application of operating system and application software patches and updates.
We may scan any IP address ranges allocated to you for your use with your Internet Service in order
to detect the presence of open or otherwise misconfigured mail and proxy servers. If we detect open
or misconfigured mail or proxy servers we may suspend or terminate your Internet Service. The
circumstances in which we may do so are set out in section 11.
5.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 our Network or systems.
6.Security
You are responsible for maintaining the security of your Internet Service, including protection of
account details, passwords and protection against unauthorized usage of your Service by a third
party. We recommend that you take appropriate security measures such as installation of a firewall
and use up to date anti-virus software. You are responsible for all charges incurred by other persons
who you allow to use your Internet Service, including anyone to whom you have disclosed your
password and account details.
7.Copyright
It is your responsibility to ensure that you do not infringe the intellectual property rights of any
person in relation to any material that you access or download from the Internet and copy, store,
send or distribute using your Internet Service.
You must not use your Internet Service to copy, adapt, reproduce, distribute or otherwise make
available to other persons any content or material (including but not limited to music files in any
format) which is subject to copyright or do any other acts in relation to such copyright material
which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 (Cth)
or any other applicable laws.
You acknowledge and agree that we have the right to immediately cease hosting and to remove
from our Network or systems any content upon receiving a complaint or allegation that the material
infringes copyright or any other intellectual property rights of any person.
8.Content
You are responsible for determining the content and information you choose to access on the
Internet when using your Internet Service.
It is your responsibility to take all steps you consider necessary (including the use of filtering
programs) to prevent access to offensive or obscene content on the Internet by children or minors
who you allow to use your Internet Service. You may obtain further information on content filtering
products at the Internet Industry Association (IIA) website.
You must not use or attempt to use your Internet Service to make inappropriate contact with
children or minors who are not otherwise know to you.
You are responsible for any content you store, send or distribute on or via our Network and systems
including, but not limited to, content you place or post on web pages, email, chat or discussion
forums, bulletin boards, instant messaging, SMS and Usenet news. You must not use such services to
send or distribute any content which is prohibited, deemed obscene or offensive or otherwise
unlawful under any applicable Commonwealth, State or Territory law, including to send or distribute
classes of restricted content to children or minors if that is prohibited or an offence under such laws.
Your failure to comply with these requirements may lead to immediate suspension or termination of
your Internet Service without notice. If we have reason to believe you have used your Internet
Service to access child pornography or child abuse material, we are required by law to refer the
matter to the Australian Federal Police.
9.Regulatory Authorities
You must label or clearly identify any content you generally make available using your Internet
Service in accordance with the applicable classification guidelines and National Classification Code
(issued pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth)) or
any industry code which applies to your use or distribution of that content.
Commonwealth legislation allows the ACMA to direct us to remove from our Network and servers
any content which is classified, or likely to be classified, as ‘prohibited’ content. We also co-operate
fully with law enforcement and security agencies, including in relation to court orders for the
interception or monitoring of our Network and systems. CCS COMMUNICATIONS may take these
steps at any time without notice to you.
You must not hinder or prevent us from taking all steps necessary to comply with any direction from
ACMA or any other law enforcement or security agency. You acknowledge that CCS
COMMUNICATIONS reserves the right to limit, suspend or terminate your Internet Service if there
are reasonable grounds for suspecting that you are engaging in illegal conduct or where use of your
Internet Service is subject to any investigation by law enforcement or regulatory authorities.
10.Complaints
10.1 Complaints about content
If you have a complaint about content accessible using your Internet Service you may contact the
ACMA by filling out an online complaint form at acma.gov.au, emailing online@acma.gov.au or
faxing your complaint to the ACMA Content Assessment Hotline Manager on (02) 9334 7799. Please
note that all complaints to ACMA must be in writing. You may also report a complaint about content
by emailing us at customerservice@CCS COMMUNICATIONS.com.au.
10.2 Complaints about Spam
All internet and email service providers are required by the Internet Industry Code of Practice to
maintain an “abuse@” email address (or other email address as notified by the service provider) to
allow end users to report Spam. If you think you have been sent Spam by an CCS COMMUNICATIONS
subscriber, you may report it by following the procedure set out in our [Fact Sheet: How to Report
Spam. You may escalate a report to a complaint by following the procedure set out in our [Fact
Sheet: How to Complain About Spam. If you think you have been sent Spam by a subscriber of
another internet or email service provider, you may report it by emailing that service provider at
their “abuse@” email address or other email address as notified by the service provider for that
purpose.
You can report or make a complaint about Spam you have received by contacting the ACMA by filling
out an online complaint form at acma.gov.au or via the ACMA Spam Reporting System SpamMatters.
You may also make complaints to other bodies about Spam where the content is in some other way
offensive or contrary to law. For example, you may complain to the ACMA about Spam that contains
content you believe is offensive or relates to online gambling.
You can report a Spam message that contains fraudulent or misleading and deceptive content (for
example, email scams) to the Australian Competition and Consumer Commission (ACCC) via the
ACCC website by phoning 1300 302 502 (business hours, Monday to Friday).
The Australian Securities and Investment Commission (ASIC) also deals with certain complaints
about the contents of Spam messages, particularly with regard to fraudulent conduct by Australian
businesses. The ASIC website outlines the types of complaints they deal with, and has an online
complaint form: www.asic.gov.au (click on ‘Complaining About Companies or People’).
If you are concerned that your personal information has been misused to send you Spam, the
Federal Privacy Commissioner recommends that you complain to the organisation first, especially if
you know how to contact it and have had dealings with it in the past about other goods or services.
If the matter is not resolved adequately, you can visit the Federal Privacy Commissioner’s website for
details on how to make a complaint.
11.Suspension or Termination
CCS COMMUNICATIONS reserves the right to suspend your Internet Service if you are in breach of
this Policy, provided that we will first take reasonable steps to contact you and give you the
opportunity to rectify the breach within a reasonable period. What is reasonable in this context will
depend on the severity of the problems being caused by the breach (for example, if you commit a
serious or continuing breach, it may be reasonable to immediately suspend your Internet Service
without notice to you).
If we notify you of a breach of your Spam Obligations, we will, at your request and to the extent we
are reasonably able, supply you with information as to the nature of open relays and suggested
resolutions to assist you to comply with your Spam Obligations.
Our right to suspend your Internet Service applies regardless of whether the breach is committed
intentionally, through misconfiguration, or by other means not authorised by you including but not
limited to through a Trojan horse or virus.
If your Internet Service is suspended and the grounds upon which it was suspended are not
corrected by you within seven days, we may terminate your Internet Service. In the event your
Internet Service is terminated, you may apply for a pro rata refund of any pre-paid charges for your
Internet Service, but we will have the right to levy a reasonable fee for any costs incurred as a result
of the conduct that resulted in the suspension.
12.Changes
CCS COMMUNICATIONS may vary this Policy by giving you notice by email to the email address
notified by you or otherwise in accordance with the notice provisions of your service agreement with
us. Your continued use of your Internet Service after such notice will constitute acceptance of the
variation.