Acceptable Use Policy
Last modified: 1 April
Please Note: D&M Technologies Pty Ltd (ACN 095 128 966) ("The Company or
AussieISP") may revise this Acceptable Use Policy
from time to time by posting a new version of this document on the
web site (at http://www.aussieisp.com). Any new version will be effective on the
date nominated in the posting and it is the customers responability to check the document
regularly to confirm that they are in compliance of these conditions. In the event of a conflict
between the term(s) of any Customer Terms and this Acceptable Use Policy, the term(s) of the
Acceptable Use Policy will govern. Questions regarding this Acceptable Use Policy and complaints
of violations of the Acceptable Use Policy by other
users can be directed to our Abuse team via email
The Service uses resources that are shared with many other customers. Moreover, the
Service provides access to the Internet which is used by millions of other users. Each user
benefits by being able to share resources and communicate almost effortlessly with other members
of the user community. However, as with any community, the benefits and privileges available from
the Service, and the Internet in general, must be balanced with duties and responsibilities so
that other users can also have a productive experience.
Your use of the Service is subject to the following rules and guidelines. Each
is responsible for ensuring that the use of the Service through their account
complies with the rules and guidelines contained in this Acceptable Use Policy. The consequences
of violation of this Acceptable Use Policy are prescribed in Section 9 of this Acceptable Use
Policy, and include the right for
to immediately terminate the provision of the Service.
The company provides a variety of Internet services to both residential and
commercial customers. In summary if you have an unlimited time and download account with a
session limit (all $18.95 per month or $50 per 3 month customers) you should be using the service
predominately for personal use. Also, while Unlimited accounts do not incur charges for extra
time or downloads you need to be aware that an unlimited account is not a permanent connection and
cannot be treated as such. You must be in front of the computer at all times when you are
All permanent accounts can be used for either business or personal use and can
remain on 24 hours a day, 7 days a week.
1. Illegal Activity
1.1. You must not use the Service for any activity that violates any local, state,
federal or international law, order or regulation.
Prohibited activities include, but are not limited to:
a. Posting, disseminating or in some cases accessing material which is
unlawful. This includes material that is or would be classified RC or X and includes material that
is or would be classified R where a restricted access system is not in place. Such content
includes but is not limited to:
i. material containing detailed instruction in
crime, violence or drug use;
ii. child pornography;
iv. excessively violent or sexually violent
v. real depictions of actual sexual
vi. obscene material; and
vii. content hosted in Australia which is
classified R and not subject to a restricted access system which complies with criteria determined
by the Australian Broadcasting Authority (ABA). For more information about the regulatory regime
applying to online content go to www.aba.gov.au
b. Disseminating material which violates the copyright or other
intellectual property rights of others. You assume all risks regarding the determination of
whether material is in the public domain.
c. Pyramid or other illegal soliciting schemes.
d. Any fraudulent activities, including impersonating any person or
entity or forging anyone else's digital or manual signature.
2.1. You are responsible for any misuse of the Service, even for example, if the
misuse was committed by a friend, family member, guest, employee or customer with access to your
Service. You are also responsible for any misuse of your Service regardless of whether the misuse
was with or without your consent. Therefore, you must take steps to ensure that others do not gain
unauthorised access to your Service.
2.2. The Service must not be used to breach the security of another user or to
attempt to gain access to any other person's computer, software or data, without the knowledge and
consent of such person. It also must not be used in any attempt to circumvent the user
authentication or security of any host, network or account. This includes, but is not limited to,
accessing data not intended for you, logging into or making use of a server or account you are not
expressly authorised to access, or probing the security of other networks. Use or distribution of
tools designed for compromising security (such as password guessing programs, cracking tools,
packet sniffers or network probing tools) is prohibited.
2.3. You must not disrupt the Service or the companies networks through which the
Service is provided. The Service also must not be used to interfere with computer networking or
telecommunications services to any user, host or network, including, without limitation, denial of
service attacks, flooding of a network, overloading a service, improper seizing and abuse of
operator privileges and attempts to "crash" a host. The transmission or dissemination of any
information or software which contains a virus or other harmful feature also is
2.4. You are solely responsible for the security of any device you choose to connect
to the Service, including any data stored on that device. In particular,
recommends against enabling file or printer sharing of any sort. AussieISP
recommends that any files or services you do choose to make available for remote
access be protected with a strong password or as otherwise appropriate.
3. Inappropriate Content
3.1. There may be content on the Internet or otherwise available through the Service
which may be offensive to some individuals, or inappropriate for children. For example, it is
possible to obtain access to content which is pornographic, offensive and/or unsuitable for
assumes no responsibility for the content contained on the Internet or otherwise
available through the Service. You must assume the risk of accessing content through the Service,
shall have no liability for any claims, losses, actions, damages, suits or
proceedings arising out of or otherwise relating to access to such content. Parents may want to
use a program capable of restricting access to sexually explicit material on the Internet.
However, one of the ways of minimising the risk of accessing illegal or offensive content as well
as managing children's use of the Internet is to use a filter software product.
provides access to filter products (at a charge) for all of its Aussie ISP
subscribers. "Access to these services is available by via the web page www.netnanny.com”. You
have the right to make complaints to the ABA about Internet content which is or would be rated R,
X or RC. Please refer to the ABA home page (www.aba.gov.au) for information on ways to control
content accessible on the Internet.
3.2. You are solely responsible for any information which you publish on the web or
other Internet services. You must also ensure that the recipient of the content is of an
appropriate age. For example, you must take appropriate precautions to prevent minors from
receiving your content that may be inappropriate. This includes implementing a Restricted Access
System on content that is or would be rated R by the Classification Board. For further information
about Restricted Access Systems see
reserves the right to refuse to post or to remove any information or materials, in
whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise
inappropriate regardless of whether such material or its dissemination is unlawful. This includes,
but is not limited to: obscene material, fraudulent or deceptive statements, threatening,
intimidating or harassing statements, or material which violates the privacy rights or property
rights of others (copyrights or trade marks, for example) or is likely to be defamatory of another
person. For the purposes of this Acceptable Use Policy, "material" refers to all forms of
communication including narrative descriptions, graphics (including photographs, illustrations,
images, drawings and logos), executable programs, video recordings, and audio recordings.
Commonwealth Legislation allows the Australian Broadcasting Authority (ABA) to direct
to remove certain prohibited or potentially prohibited content from its servers or
prevent users from accessing certain Internet content.
may take any steps necessary in order to ensure compliance with any relevant
industry code of practice, notification or direction from the ABA, including removing any content
(including part or all of a website) from its servers, closing or suspending your Account,
filtering the Internet content made available to you or restricting access to a particular
website. Optus may take these steps at any time and without notice to you.
is under no obligation to monitor transmissions made on the Service. However,
or its agents, have the right to monitor such transmissions from time to time and to
disclose the same in accordance with the Customer Terms.
3.4. By using the Service to reproduce, publish, display, transmit or distribute
content, a user is warranting that the content complies with this Acceptable Use Policy and
or its agents to reproduce, publish, display, transmit and distribute such content
as necessary for
to deliver the content in a timely manner.
4. Electronic Mail
4.1. The Service must not be used to send unsolicited bulk or commercial messages.
This includes, but is not limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures and political or religious messages.
Such messages must only be sent to those who have explicitly requested it.
4.2. The Service must not be used to send messages to any individual who has
indicated that he/she does not wish to receive messages from you.
4.3. The Service may not be used to collect responses from unsolicited email sent
from accounts on other Internet hosts or email services which violates this Acceptable Use Policy
or the equivalent Acceptable Use Policy or policy of any other Internet service provider or web
site. Moreover, unsolicited email may not direct the recipient to any web site or other resource
which uses the
4.4. Forging, altering or removing electronic mail headers is prohibited.
4.5. You may not reference the AussieISP
Network (e.g. by including "organisation: AussieISP" in
the header or by listing an IP address that belongs to the
Network) in any unsolicited email even if that email is not sent through the
4.6. "Mail bombing" is prohibited (i.e. you may not send numerous copies of the same
or substantially similar messages, nor may you send very large messages or files, to a recipient
with the intent to disrupt a server or account).
4.7. The propagation of chain letters is similarly prohibited, whether or not the
recipient wishes to receive such mailings.
is not responsible for the forwarding of email sent to any account which has been
suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored
temporarily at the sole discretion of
only supports the use of webmail via the everyone.net network. You agree that POP
email will not be provided to you and you must access your email from the
places advertising on these sites which may be rated PG13.
5.1. Messages posted to newsgroups must comply with the written charters or FAQs for
those newsgroups. Advertisements, solicitations or other commercial messages should be posted only
in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for
determining the policies of a given newsgroup before posting to it.
5.2. Posting or cross-posting the same or substantially similar messages to more
than eight newsgroups is prohibited. Our news software will automatically cancel any messages
posted to nine or more newsgroups.
5.3. Binary files may not be posted to newsgroups not specifically named for that
purpose. Users posting binary files to groups with policies concerning the permissible daily
volume of posted files are required to observe those limitations.
5.4. Forging, altering or removing header information is prohibited. This includes
attempting to circumvent the approval process for posting to a moderated newsgroup.
reserves the right to discontinue access to any Usenet newsgroup at any time for any
5.6. You may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is
defined as posting a large number of messages to a newsgroup which contain no substantive content,
to the extent that normal discussion in the group is significantly hindered. Examples of
disruptive activities include, but are not limited to, posting multiple messages with no text in
the body, or posting many follow-ups to messages with no new text. Messages may not be cancelled,
except by the author or by official newsgroup moderators performing their duties.
5.7. The Usenet news service included within the Service is provided for interactive
use by the subscriber, using a commonly-available NNTP (Network News Transfer Protocol) client
such as Outlook Express. Non-interactive clients which download Usenet articles in bulk are
6. Internet Relay Chat
6.1. The Service may be used to participate in "chat" discussions. These discussions
may be hosted by
Network servers, by third party servers or may not involve any servers at all. In
does not normally monitor the contents of the discussion and is not liable for the
contents of any communications made via Internet chat.
6.2. The Service must not be used to perform chat "flooding". Flooding is defined as
deliberately repeating actions in quick succession in order to fill the screens of other Internet
users with text.
6.3. Any computer or other device connected through the Service must not maintain
more than 2 simultaneous chat connections. This includes the use of automated programs, such as
"bots" or "clones". Automated programs must not be used when the account holder is not physically
present at the device.
6.4. The Service must not be used to send messages which disrupt another Internet
user's equipment, including software, hardware and user display.
6.5. The Service must not be used to access any chat server in violation of the
acceptable use policy of that server. The Service must not be used to manipulate any chat server
in order to harass or disconnect other Internet users, or to gain privileges which have not been
6.6. A customer must not use the Service to connect to chat servers or channels from
which they have been previously banned.
6.7. The Services must not be used to continue to send chat messages to an Internet
user who has indicated their desire to not receive such messages.
6.8. Forging, altering or obscuring your identity (other than using a nickname from
could if necessary determine your real name) while participating in chat sessions is
7.1. As part of some Service(s), AussieISP
provides storage space and access for web pages through its personal WebSpace
service. You are solely responsible for any information that you publish on your personal
WebSpace. You must ensure that the intended recipient of the content is of an appropriate age. For
example, you must take appropriate precautions to prevent minors from receiving inappropriate
content. This includes implementing a Restricted Access System on content that is or would be
rated R by the Classification Board. For further information about Restricted Access Systems see
reserves the right to remove or refuse to post any information or materials, in
whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise
inappropriate regardless of whether such material or its dissemination is unlawful. This includes,
but is not limited to: obscene material, defamatory, fraudulent or deceptive statements,
threatening, intimidating or harassing statements, or material which violates the privacy rights
or property rights of others (copyrights or trade marks, for example). For purposes of this
Acceptable Use Policy, "material" refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable
programs, video recordings and audio recordings.
will not routinely monitor the contents of your WebSpace. However,
have the right to monitor such content and, if complaints are received regarding
language, content or graphics contained on your web pages,
may remove the web page hosted on the AussieISP
Network servers and terminate your Personal WebSpace service if AussieISP
determines that you have violated the terms of this Acceptable Use Policy.
8. Bandwidth, Data Storage and Other Limitations
8.1.The Service is primarily a residential consumer product that must only be used
for personal use of the Internet by you and the residents of your household. For example, the
Service does not provide the type of security, upstream performance and total downstream
throughput capability typically associated with commercial use.
8.2. You must at all times comply with the current bandwidth, data storage and other
limitations of the Service. Users must ensure that their activity on the
Network does not represent (in the sole judgment of AussieISP) an
unusually large burden on the
Network. This is necessary to ensure that the quality of the service is not impacted
upon given the physical constraints and residential consumer orientation of the service. Users
must also ensure that their activity does not improperly restrict, inhibit or degrade any other
user's use of the Service.
8.3. You will be deemed to represent an unusually large burden on the
Network if the bandwidth you utilise via the Services (your 'Usage') exceeds ten
(10) times the Average Customer Usage during any Usage Period. If your Usage exceeds ten (10)
times the Average Customer Usage during a Usage Period you will be in automatic breach of this
Acceptable Use Policy and the Customer Terms and
will be entitled to immediately terminate the supply of the Services to you without
8.4. You may be warned when your usage level exceeds eight times the average usage,
however generally no action to terminate your service will take place until you have been given a
reasonable opportunity (in most cases 7 days) to decrease your usage to within acceptable limits.
We however retain the right to terminate your service immediately if your actions interfere with
the efficient running of the service.
8.5 For the purpose of this clause;
a. 'Average Customer Usage' means the average amount of bandwidth consumed
by all users of the Service over the Usage Period (after removing from the calculation the highest
and lowest 5% of bandwidth users), as determined by
AussieISP. To do this,
will use information gathered from the users' modems. The intention of the
'normalisation' of the Average Customer Usage is to avoid skewing the calculation towards the
extremities of usage.
b. 'Usage Period' means any consecutive 30 day period during which
provides the Service to you. The 'rolling' nature of the Usage Period is deliberate
and designed so that that trends in the user's Usage are evident and that an intense one-off
period of usage in itself may not cause the user to breach the threshold of ten (10) times'
Average Customer Usage;
c. a 'day' runs from midnight to midnight;
d. the Monitor normally updates daily;
may at its sole discretion, adjust the calculation of your Usage or the Average
Customer Usage over any days within the Usage Period due to any factors that, in
AussieISP’s opinion, may have a significant impact on
8.7 In addition, users must ensure that their activity does not improperly restrict,
inhibit, disrupt, degrade or impede
AussieISP’s ability to deliver the Service and monitor
the Service, backbone, network nodes, and other network services and components (both software and
hardware) of the
8.8 You must not resell, share or otherwise distribute the Service (or any portion
thereof) to any third party without the prior written consent of
AussieISP. For example, you must not provide Internet
access to others through a dial up or wireless connection, host shell accounts over the Internet,
provide email or news service or send a news feed.
8.9 You must not run network services or provide network services to others via the
Service. The use of a Local Area Network (LAN) for personal use is permitted. Some of the
residential services include personal WebSpace accounts for publishing personal web
pages. Examples of prohibited use include, but are not limited to, providing network services for
e-mail, http, (Hypertext Transfer Protocol) ftp, (File Transfer Protocol) irc, (Internet Relay
Chat) dhcp (Dynamic Host Configuration Protocol) or multi-user interactive forums.
8.10 Automated programs such as "bots" or "clones" must not be used when you are not
physically present at the device.
9. Violation of Acceptable Use Policy
is not obligated to regularly monitor your usage of the Service. However, in its
efforts to promote good citizenship within the Internet community, it will respond appropriately
if it becomes aware that you or someone with access to your Service has violated this Acceptable
Use Policy or the Customer Terms or you or someone with access to your Service, has used the
Service in an inappropriate manner. Although
has no obligation to monitor the Service, AussieISP
reserves the right to monitor your bandwidth, usage or content, to identify
violations of this Acceptable Use Policy; and to protect the
Network and other users of this Service.
prefers to advise customers of inappropriate behaviour and any necessary corrective
action it deems necessary in its sole discretion. However, if the Service is used in a way which
AussieISP, in its sole discretion, believes violates
this Acceptable Use Policy,
may take any responsive action it deems appropriate. Such actions include, but are
not limited to, temporary or permanent removal of content, cancellation of newsgroup posts,
filtering of Internet transmissions, and the immediate suspension or termination of all or any
portion of the Service.
has no liability for any such responsive actions. The above-described actions are
AussieISP's exclusive remedies and
may take any other legal or technical action it deems appropriate.
reserves the right to investigate suspected violations of this Policy, including the
gathering of information from the user or users involved and the complaining party, if any, and
examination of material on
AussieISP's servers and network. During an
may suspend the account or accounts involved and/or remove material which
potentially violates this Policy.
9.4. You hereby authorise AussieISP
or their agents, to cooperate with (i) law enforcement authorities in the
investigation of suspected criminal violations, and
(ii) and system administrators at other Internet service providers or other
network or computing facilities in order to enforce this Acceptable Use Policy. Such cooperation
providing the username, IP address, or other identifying information about a user.
Upon termination of an account,
is authorised to delete any files, programs, data and email messages associated with
9.5. The failure of AussieISP
to enforce this Acceptable Use Policy, for whatever reason, shall not be construed
as a waiver of any right to do so at any time. You agree that, if any portion of this Acceptable
Use Policy is held invalid or unenforceable, that portion will be construed consistent with
applicable law as nearly as possible, and the remaining portions will remain in full force and
effect. This Acceptable Use Policy is governed by the laws of the state of New South Wales. You
agree to submit to the jurisdiction of the courts of that state.