Untitled Document

ADSL Empcom Broadband: Acceptable User Policy

1. Internet Acceptable Use Policy
This document sets out the terms and conditions upon which you may access Empcom Pty Ltd (“EMPCOM”) network and systems. Please read this document carefully before accessing the EMPCOM network and systems. By using any EMPCOM service you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access the EMPCOM network or systems.

2. Purpose
This document constitutes the Acceptable Use Policy ("Policy") referred to in your agreement with EMPCOM.
This document describes the rules that EMPCOM use in providing services to their customers via their network and systems (“Services”) and the rules to which EMPCOM customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of the Services.

3. Application
This Policy is applicable to all EMPCOM customers’ (which term includes the customers of such customers) use of the Internet. A breach of this Policy by any EMPCOM customer is strictly prohibited and may lead to the suspension or termination of the customer's service or any part of it, without notice.
All obligations on you apply to everyone you let use the Services.

4. Responsible Usage

You are responsible for your actions on the EMPCOM network and systems you access through the Services. You must comply with all rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly, irresponsibly or your actions endanger the EMPCOM network or systems, your access may be suspended or terminated at any time by EMPCOM without notice to you.

In particular, you agree that whilst using the Services, you will not:

store, send or distribute material which is obscene, indecent, pornographic or confidential or material that could give rise to civil or criminal proceedings;
do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends or violates the privacy of any person;
do anything, including store, send or distribute material, of an illegal or fraudulent nature, including activities prohibited under any applicable state and Commonwealth law;
do anything, including store, send or distribute material which interferes with other users or restricts any person or which inhibits any other user from enjoying the Services, the Internet and EMPCOM's network and systems;
forge header information, email source address or other user information;
breach any laws, codes, standards and content requirements of any relevant authority;
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;
compromise the security or integrity of any network or system;
place any viruses or other similar programs on the Service or the Internet;
distribute unsolicited advertising or spamming or overload any network or system;
use another person's name, username or password or otherwise attempt to gain access to the account of any other EMPCOM customer;
tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
attempt any of the above acts or permit another person to do any of the above.

5. Reasonable Resource Usage

EMPCOM require you to act responsibly in your use of resources on the EMPCOM network and systems. If you use unreasonably excessive resources on the EMPCOM network and systems, your access may be suspended or terminated at any time by EMPCOM without notice to you.

6.Security

You are responsible for maintaining the security of your Internet service, including protection of account details and passwords. You indemnify EMPCOM and their officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of, or in any way connected to, the use of your service, including unauthorised usage of your service by a third party, up until the time you notify us of unauthorised access.

7. Copyright

You are responsible for ensuring that you do not store on the EMPCOM system, transfer or cause to be transferred over the EMPCOM network, reproduce or make available for distribution through the EMPCOM network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968 (Cth)or otherwise infringe any third party intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner).

8. Content

EMPCOM do not and cannot monitor or control the content and information accessed via the Services which may be offensive, inappropriate or unsuitable. EMPCOM provide access to the Internet only. EMPCOM shall not be held responsible in any way for the content of the information accessed or offered for public access via the Services.
It is your and/or your users’ and customers' responsibility to avoid whatever is found to be offensive or obscene on any system or the Internet. You and/or your users and customers will be responsible for any material you or your users/customers place on the EMPCOM network and systems, and for any statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and bulletin boards.
Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under any applicable state or Commonwealth law.

11. General
11.1 Complaints
To report a violation of this Policy, please send details, including any documentation, article or e-mail to support@dsl.empcom.net
11.2 Suspension or Termination
EMPCOM reserve 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 this Policy.
11.3 Indemnity
You indemnify EMPCOM and their officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses directly or indirectly suffered or incurred by EMPCOM (including as a result of a claim by a third party) resulting from:
(a) any breach of this Policy; and/or
(b) the use or misuse of the Services by you or any other person using your Services.
11.4 General Disclaimer of Liability
EMPCOM disclaim all liability for or in relation to any loss or damage incurred by you or your equipment in any way through or in relation to the use of the services or the suspension or termination of the Services by EMPCOM pursuant to your agreement with EMPCOM or this Policy.
This disclaimer of liability is in addition to and does not supersede, limit or replace any other applicable limitation of liability in any EMPCOM terms and conditions or other agreement.
11.5 Waiver
If EMPCOM does not act in relation to a breach by you of this Policy, this does not waive EMPCOM’s right to act with respect to any subsequent breach.
11.6 Changes
EMPCOM may vary this Policy at any time. EMPCOM will post the revised Policy on its home page. Your continued use after such posting will constitute acceptance of the variation. EMPCOM may also give notice to you of a variation of this Policy by email to the email address notified by you (supprt@dsl.empcom.net) by or any other means EMPCOM deem appropriate.

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