ACCEPTABLE USE POLICY (AUP) v5.0
1. Introductory Statements
1.1 This Acceptable Use Policy (AUP) applies to the use of products and services (Service/s) as provided by My Telecom Holdings Pty Ltd ABN 78 080 661 525 (Us, We, Our) to You, the customer (You, Your), having applied for the Services. These Services are marketed and distributed under the sub brands of HomeSaver, HomeSaver Access, Oz Study Smart and IP Suite.
1.2 Your use of the Service is subject to the following rules and guidelines contained in this Acceptable Use Policy (AUP).
1.3 This AUP is designed to ensure that Your use of the Service does not break any laws, hinder the efficient operation of Our network, interfere with the rights of Our other customers, or interfere more generally with the rights of Internet or Phone users.
1.4 You are responsible for ensuring that Your use of the Service complies with this AUP. You are also responsible for any use of the Service even for example, if it was committed, with or without Your consent, by a friend, family member, guest, employee or customer who gains access to Your account.
1.5 From time to time, it may become necessary for Us to review Our AUP. We reserve the right to amend Our AUP at any time and to notify You by posting an updated version on Our website or on our sub brand websites.
1.6 In the event of a conflict between the term(s) of any Agreement and this AUP, the term(s) of the AUP will govern.
1.7 The consequences of violation of this AUP are prescribed in Clause 8 of this AUP, and include the right for Us to immediately suspend or cancel the provision of the Service.
2. Breach of the Law
2.1 You are prohibited from engaging in any activity that leads to You or Us violating the law in any way. This includes state, federal or international law, and orders or regulations such as the Broadcasting Services Amendment (Online Services) ct 1999. You are prohibited from illegal acts including but not limited to:
a. Posting, disseminating or in some cases accessing material which is unlawful.
b. Posting or disseminating material that defames, harasses or abuses anyone or violates their privacy.
c. Pyramid or other illegal soliciting schemes.
d. Fraudulent activities, including impersonating any person or entity or forging digital or manual signatures.
3. Security
3.1 You are responsible for any misuse of the Service, as indicated in Clause 1.4, therefore You must take reasonable steps to ensure that others do not gain unauthorised access to the Service through Your account.
3.2 You may not use the Service to contribute to interfere with the proper operation of the Service or any other part of Our network or systems.
4. Risks of the Internet
4.1 There are a number of activities that You can perform when accessing the Internet that may be harmful or cause loss to You, to others that may access Your Service, or to Your equipment. You must bear all risk associated with the activities. We shall have no liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such activities.
5. Newsgroups, Forums and Chatrooms
5.1 You must not use the Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms.
6. Electronic Messaging
6.1 You must not use the Service to distribute electronic communications (including electronic mail, SMS messages, chat messages and newsgroup postings):
a. to a person or group who has indicated that they do not wish to receive the communication from You;
b. if the communication is unsolicited bulk mail or "spam" (whether or not it is commercial in nature);
c. in a way that forges or disguises the origin of the communication;
d. in a way which is intended, or likely to, adversely affect the functionality of any computer system including Our network or systems.
7. Acceptable Usage – Email, Internet and Phone Services
7.1 We set limits on the size of emails sent to or by You, the period for which email messages can be stored and the maximum disk space that will be allotted to You as part of the Service. You are obligated to use the Service within these set limits.
7.2 Certain internet plans are subject to an upper limit on monthly download amounts as prescribed on the Application Materials, and are subject to speed limiting once the prescribed download amount is reached within any prescribed time period (such as Peak or Off Peak). The speed limiting will be to the shaped speed as detailed on the Application Materials. Full download speeds will be restored on the first day of the next usage accounting month, that being the monthly anniversary of the date of the Application.
7.3 Certain internet plans have limited monthly download specifics, and are subject to excess usage charges for usage beyond the monthly limit up to a capping point after which speed limiting applies as prescribed on the Application Materials. Full download speeds will be restored on the first day of the next usage accounting month, that being the monthly anniversary of the date of application.
7.4 Every IP Suite Customer (Corporate Customer) with internet access provided across Our network is subject to an upper limit on download amounts, that being 1TB in any calendar month unless prior agreement with Us has been reached. Should the 1TB limit be reached, We reserve the right to slow download speeds to 256kbps however make no guarantee to do so.
7.5 For HomeSaver and Oz Study Smart Home Phone customers dialling Calling Card Local Access Numbers, We reserve the right to charge a rate of $0.04 per minute for identified Calling Card Local Access Numbers – this has no impact on any other type of local call for which the prescribed fixed untimed local call rate will be charged.
7.6 HomeSaver Home Phone and HomeSaver ACCESS customers on UNLIMITED or UNLIMITED PLUS plans are subject to an upper limit of 900 minutes of call time to the countries qualifying for unlimited calls. After 900 minutes have been reached, We reserve the right to bill at the then current HomeSaver IDD rate to those countries.
8. Violation of Acceptable Use Policy
8.1 If the Service is used by You or by someone with access to the Service through Your account in a way that We, in our sole discretion, believe violates this AUP or the Standard Form of Agreement, We may take any responsive action We deem appropriate.
8.2 This AUP is governed by the laws of the state of Victoria. You agree to submit to the non-exclusive jurisdiction of the courts of that state.
You can raise any questions relating to this AUP to My Telecom Holdings by clicking here.