Acceptable Use


This Acceptable Use Policy applies to you if you are a Siteflex user or customer ("you").

This policy may change from time to time and you should refer regularly to this policy for current standards of Acceptable Use.

Definitions

To make this agreement easier to read we have used terms that have specific definitions. These terms appear in this agreement with a capital letter as their first letter and when they are used they have the meaning set out at the end of this agreement.

Acceptable Use

You must not use our Services, attempt to use our Services or allow the Services to be used in any way:

  • to place on the internet, obtain through the internet or transmit using the internet any Prohibited Content or Potentially Prohibited Content.
    • Content which is (or would be) classified R18+ includes content that contains implied or simulated sexual activity
    • Content which is (or would be) classified RC or X18+ by the Classification Board includes content that contains:
      • detailed instruction in crime;
      • child pornography;
      • actual sexual activity.
  • Which results in you or Siteflex breaching, or being involved in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation), a mandatory code of conduct, or a voluntary code of conduct that you have agreed to comply with.
  • Which deliberately or inadvertently results, or could result, in injury to any person or persons or; damage to property
  • To vilify, intimidate, menace or stalk a person or persons
  • To provide content that is in all probability considered unsuitable for minors (even though the content may not be Prohibited Content or Potentially Prohibited Content) without using appropriate warnings and/or labelling systems for that content
  • To provide Restricted Content on a Mobile Carrier Content Service to an end user if the end user has not 'opted in' for Restricted Content and without taking reasonable steps to ascertain that the end user is not a minor
  • Which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you
  • Which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality
  • To send, display or be otherwise involved in material which is obscene or defamatory
  • Which is, or which would be considered by a reasonable person to be, offensive or abusive
  • To engage in any misleading or deceptive business or marketing practice
  • That involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities
  • To send, display or be otherwise involved in material which is obscene or defamatory
  • Which infringes Siteflex's or any other person's rights (including intellectual property rights and moral rights)
  • Which constitutes a misuse of Siteflex's or any other person's confidential information; or
  • Which results in a breach by you of any obligation that you owe to any person
  • To undertake any activity which impedes Siteflex's ability to provide its Service;
  • make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;
  • undertake acts that waste resources or prevent other users from receiving the full benefit of our services;
  • to solicit subscribers to become subscribers of other competitive service

Resale of Siteflex

Resale of Siteflex and related Services to others is strictly forbidden under all circumstances unless expressly approved by Siteflex in writing. Our Partner Programs provide for the resale of services. Visit www.siteflex.com.au for more details.

Anti-Spam and Related Activities

You must not use our Services, attempt to use our Services or allow our Services to be used:

  • In association or connection with any code, routine, function or program (including any type of Malicious Code) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data belongs to Siteflex or anyone else);
  • To send, cause the sending of or otherwise be involved in the sending of Spam;
  • provide a capability on a Siteflex-hosted site which permits third parties to send Spam from a Siteflex server;
  • To access or use Siteflex's or any one else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
  • To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;
  • send electronic chain letters;
  • to manipulate or bypass Siteflex's content usage limits;
  • send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
  • undertake activities which cause or may cause third party service providers to place Siteflex's internet protocol (IP) addresses on a blacklist and/or block those IP addresses;
  • distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists.

We encourage a greater  awareness and responsiveness of our Customers about Spam and how it can be managed. Siteflex uses spam and virus filters and encourages our customers to use spam and virus filters. You agree to Siteflex's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters. Further information about these products can be found at the web site of the Internet Industry Association at www.iii.net.au/nospam/.

Issue Resolution Procedure for 3rd Parties

From time to time, Siteflex receives complaints from third parties ("Complaints") regarding unacceptable uses, allegedly being conducted by Customers or their Users. Siteflex will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where Siteflex reasonably believes that it must take urgent action without reference to the Customer.
If Siteflex is unable to resolve the complaint by working with Customers, Siteflex's policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, Siteflex's Customers authorise and direct Siteflex to provide to third party complainants the relevant Customer's email contact details.
You have a right to complain to the ACMA about content. If you become aware that a web site hosted by Siteflex contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to ACMA by contacting them through their web site at www.acma.gov.au/hotline.

Acceptable Use Policy Monitoring

We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.

If we monitor the conduct of your account we will safeguard your privacy subject to the terms of our Privacy Policy.
We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:

  • warn you by email (but we are not obliged to do so);
  • suspend your access to the Service;
  • terminate your account without notice; and/ornotify and provide relevant information to the authorities, as appears appropriate in the circumstances.

In the event of taking the above action we retain and reserve the right to delete or otherwise make unavailable any or all of your information, material, software or other content stored on our system at our sole discretion.

We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

  • where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party's rights; and
  • if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended).
  • if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).

You agree that you will have no claim against Siteflex in respect of any action reasonably taken by Siteflex in its implementation of the terms of this Acceptable Use Policy, and you indemnify Siteflex against any claim by a User arising out of the same.

Definitions

Assignmeans any assignment, sale, transfer, disposition, declaration of trust over or other assignment of a legal and/or beneficial interest.
ACMAmeans the Australian Communications and Media Authority
Authoritymeans (as appropriate) any:
  1. federal, state or local government;
  2. department of any federal, state or local government;
  3. any court or administrative tribunal; or
  4. statutory corporation or regulatory body.
Classification Boardis the independent statutory body which makes classification decisions about content, films, computer games and publications. Principles for decision making are set out in the National Classification Code, agreed by the Australian Government and the States and Territories
 Claimagainst any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.
Confidential Informationmeans:
  1. intellectual property: any and all Intellectual Property; and
  2. financial information: information regarding costs, profits, markets, sales and other financial information; and
  3. business information: information regarding business relationships and strategies, development plans, marketing, product concepts, trade secrets and other business information the business of the disclosing party and the disclosing party's clients or third party suppliers; and
  4. personal information: any personal information relating to the officers (as defined in s9 of the Corporations Act 2001 (Cth)), partners, employees, agents, contractors or clients of the disclosing party; and
  5. information obtained through performance: all information which becomes known to a party as a consequence of it performing the obligations under this agreement including (without limitation) all records, documents, accounts, plans, specifications, price lists, customer lists, correspondence, photos and papers of every description relating to the disclosing party; and
  6. technical information: information regarding designs, development processes and tools, hardware specifications, know-how, production, research, software specifications, data bases and software developed or used by a party whether as owner or under licence from any person and other technical information; and
  7. disclosed information: any other information disclosed by a disclosing party that:
    1. is identified as being confidential; or
    2. would be apparent to a reasonable person that such information was disclosed in confidence by the disclosing party.
Intellectual Property means all intellectual property rights conferred by law including (without limitation):
  1. patents, designs, formulas, plans, specifications or other documents;
  2. copyright, trademark, trade business, company names, business names, websites, URLs or email addresses; and
  3. all other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
Jurisdiction means the legal jurisdiction whose Laws apply to you and your use of Siteflex.
Law means all legislation, regulations, by-laws, common law and other binding order made by any Authority.
Malicious Code means and software virus, worm, or other harmful computer code, file, script, agent or program.
Prohibited Content means that content classed as RC or X18+ by the Classification Board or is classified R18+ and is not subject to a restricted access system.
Services means any product or services directly delivered, related to, or associated with, Siteflex.
Siteflex IP means any Intellectual Property provided by us for use with, or associated with, Siteflex.
Website means any website published by you using Siteflex.