Purpose
This document constitutes the Acceptable Use Policy referred to by aCure Technology Pty Ltd (aCure) for all Broadband and Wireless services.
This document describes the guidelines that aCure used in providing services to it's customers and the rules to which aCure customers must adhere in order to use services.
Application
This policy is applicable to all aCure Internet customers, aCure Broadband customers and aCure metromesh customers. A breach of any of the terms and conditions of this policy by any aCure customer is strictly prohibited and may lead to the suspension or termination of the customer's service, without notice.
This policy is also applicable to the users and customers of aCure's permanently connected customers. A breach of the terms and conditions of this policy by any user or customer of aCure's permanently connected customers may lead to the suspension or termination of the permanently connected customer's service, without notice.
General Usage
Responsible Usage
You must take responsibility for your actions on the network and systems you access through aCure. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger aCure's network or systems, your access may be suspended or terminated at any time, without notice.
Resource Usage
aCure requires you to act responsibly when consuming resources on aCure's network and systems. If you unreasonably consume excess resources on aCure's network and systems, your access may be suspended or terminated at any time, without notice.
Secure Usage
aCure requires you to take responsibility for maintaining the security of your aCure Internet service, your aCure Broadback service or your aCure metromesh service as applicable. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.
Unlawful or Unauthorised Usage
General
aCure's services may only be used for lawful and authorised purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.
Unauthorised Usage
Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of aCure or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.
Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software which contains, computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via aCure, sending harassing or threatening e-mail, instant messaging or SMS, and forgery or attempted forgery of e-mail messages and Usenet, news postings.
You will be held liable for, and indemnify aCure for, all costs and damages, attributable to your unauthorised activities or disruptions.
Illegal or Fraudulent Usage
You must not use, or allow any other person to use, the aCure network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1997 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.
Copyright
It is your responsibility not to store on a aCure system, transfer or cause to be transferred over the aCure network, reproduce or make available for distribution through the aCure network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968 (Cth).
Content
aCure does not and cannot monitor or control the content and information accessed via aCure; aCure only provides access. aCure shall not be held responsible in any way for the content of the information accessed via aCure or offered for public access via aCure.
It is you and/or your users and customers' responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on aCure's network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, instant messaging, SMS, chat or discussion forums and Usenet news.
Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic), Classifications (Publications, Films and Computer Games) Act 1995 (SA) or under other applicable state and/or Commonwealth Laws, including the Broadcasting Services Act, 1992 (as amended). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.
Investigation by Authorities
aCure reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the aCure network and systems is occurring. aCure co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via its network or systems. aCure reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.
Complaints
To report a violation of aCure's Acceptable Use Policy, please send details, including any documentation, article or e-mail to abuse@acure.com.au.
General
aCure reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet encourage or incite another party to breach, any of the above terms, conditions, rules, regulations or laws.
Disclaimer of Liability
aCure disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of aCure, the use of any of the services provided by aCure, or the suspension or termination of your service by aCure.
This disclaimer of liability does not supersede or replace any other obligation expressly provided in any aCure Service Agreement or aCure Terms or Conditions.
