This is the Austech Software Pty Ltd (trading as iVersion)(ABN 56 622 282 517) (iVersion, we, us, our) Acceptable Use Policy. This policy applies to all (Services) provided by us. All activities and behavior that pose an unacceptable risk to our infrastructure and services by impacting their stability, integrity or quality are prohibited. We also prohibit the use of our services that are not aligned with our business practices and policies.
We will make amendments to this Acceptable Use Policy (AUP) from time to time. We will provide you with notice of changes made to this policy, and you will then be obligated to comply with the amended policy. If you continue to use our services after publication of any changes to this policy, it will constitute your acceptance of the amended policy. By accepting this AUP, you are also responsible for ensuring you and any other user using our services under your account are aware of this AUP and comply with the terms and conditions of this AUP at all times.
You agree that your use of our services will adhere to the following rules and guidelines at all time. These rules also apply to all content you publish and store on our servers. You also agree to comply with our Acceptable Use Policy together with any of our service Terms and Conditions and comply with the applicable local, state, federal and international laws, rules and regulations.
Under this Acceptable Use Policy, users of the Austech Software Pty Ltd services and infrastructure are prohibited from directly or indirectly engaging in any of the following.
You are not allowed to use our services, attempt to use our services or allow someone else to use our services under your account for any activity in breach of the law. This includes but not limited to the followings:
a. using our services for activities that cause actual or possible damage to property, injury to animals or injury to any person, including harassment, menace or staking of person;
b. publishing, downloading, storing or transmitting any Prohibited Content or Potentially Prohibited Content as each respectively defined by the Broadcasting Services Act. This includes content which is or would be classified RC, X18+, or R18+ by the Classification Board.
c. publishing, downloading, storing or transmitting content that is not suitable for minors (Restricted Content) without appropriate warnings and/or labelling system for that content;
d. use of our services to incites discrimination, hate or violence towards a person or group because of their race, religion, nationality, or gender. This included publishing, downloading, storing or transmitting material which is obscene or defamatory and would be considered offensive or abusive by a reasonable person;
e. engaging in business and marketing practice that is misleading and deceptive;
f. using our services to promote illegal pyramid selling schemes or unlawful gambling or gaming activities;
g. Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
h. publishing, downloading, storing or transmitting content that infringes on the rights of a third party, including intellectual property rights and moral rights.
You should not use our services in such a way that partially or fully disrupt our services or hinder our ability to supply our services to other customers, including:
a. transmitting or receiving a large quantity of data and consuming a large quantity of connection bandwidth which adversely affect our operation or jeopardise the use of our Service, or its performance for other subscribers;
b. participate in activities that waste our network resources or prevent other customers from receiving the full benefits of our Services;
c. manipulating or bypassing our content usage limits applied to your account;
d. participate in activities or perform an action that contributes or may result in third party service providers to list our IP addresses on a blocklist and/or block our IP addresses.
You agree not to use our services, attempt to use our services or allow our Services to be used for sending unsolicited email messages, spamming, phishing or malware distribution purposes. This includes:
a. sending emails to a recipient for marketing purpose without unsubscribing option or sending emails after a recipient has unsubscribed from your mailing list or has informed you by other channels that they do not wish to be on your mailing list;
b. allowing others to use your website to send spam email messages;
c. using our services to gain unauthorised access or adversely affect a computer, network or data using any program (including a virus, trojan horse, worm, cancelbot, timebomb, malware) or using activities (including denial of service attack);
d. performing actions that constitute and consider hacking (including the use of open relay, port probing, and use of packet sniffers) to gain unauthorised access to a computer, network or data, whether that access results in any adverse effect or not;
e. 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 hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;
f. sending email messages to anyone with misleading content for a phishing attack.
You agree to our use of third party spam and malware protection software which may require us to use this party equipment or services to monitor and filter email traffic between our equipment and the internet. We may also use third-party malware protection software and firewall on our network to perform a regular scan for malicious files stored within your data. You agree that you will not take any steps to disable our spam and malware protection system. You also agree that we will not be liable for any loss or damage resulting from the use of spam filters, web firewalls and malware protection software.
3.1 – If we receive complaints from third parties regarding unacceptable uses, allegedly being conducted by customers or their users. We will internally investigate each claim and make reasonable efforts to resolving such complaints by working with customers. In some cases, depending on the nature of the complaint, we may take urgent action without contacting the customer in case of receiving a court order or proceedings.
3.2 – While we do our best to work with our customers to resolve the complaint, we reserve the rights to suspend or terminate your Service if we believe you breached our Acceptable Use Policy or Terms and Conditions of a Service.
3.3 – We may need to share your email and contact details with a third party for the purpose of resolving the complaint. Accordingly, you authorise and direct us to provide to third party complainants your email contact details to resolve such disputes.
3.4 – If you wish to report a domain name that you believe is infringing our policies, please contact us by emailing email@example.com. Please make sure to include a complete domain name for us to investigate your complaint properly.
4.1 – We may monitor your account and the data stored and transmitted through our network to determine this AUP is followed. We will respect your privacy.
4.2 – If we believe that your use of Service may break the law or that you have not complied with this AUP or product terms and conditions, we may:
a. warn you by email or other means (but we are not obliged to do so);
b. suspend your Service;
terminate your account without notice; and/or
c. notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
4.3 – We may, at our absolute discretion and without notice to you, suspend or terminate your access to Service:
a. where we are made aware that 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;
b. 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);
c. if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).
4.4 – You agree that you will have no claim against us in respect of any action reasonably taken in our implementation of the terms of this AUP, and you indemnify us against any claim by your end user arising out of our actions.
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