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LeapTel Acceptable Use Policy

Leap Telecommunications Pty Ltd ACN 607 668 566

Phone 1300 205 327
Current As Of: 1st September 2015

LeapTel is committed to providing excellent service and and this statement explains our Acceptable Use Policy

Rules of interpretation and capitalised terms used in this Acceptable Use Policy are defined in the General Terms of our CRA, or our MSA (if an MSA has been provided to you).

1. ABOUT OUR ACCEPTABLE USE POLICY

(1.1) To ensure the availability of our Services to eligible customers, we have an Acceptable Use Policy to make sure everyone gets a fair go. We have designed our products to be generous, but we do not want those generous terms abused.

(1.2) We may immediately suspend, cancel or restrict the supply of the Service to you under clause 12.3 of the General Terms if you use the Service, or if any person who accesses your Service uses the Service, in any way which breaches this Acceptable Use Policy.

2. PROHIBITED USE

(2.1) You, and any person who accesses your Service, must not use, or attempt to use, the Service:

(a) for illegal purposes or practices;

(b) for any purpose if we advised you that such purpose was prohibited in your Application or the relevant Service Description;

(c) in any way which damages or interferes (or threatens to damage or interfere) with the operation of a Service or with the efficiency of our Network or a Supplier’s Network (including as a result of attempts by you to increase the capacity or performance of your system or Your Equipment);

(d) in any way which makes it unsafe or which may damage any property or injure or kill any person;

(e) to transmit, publish or communicate any material or engage in any conduct which is defamatory, abusive, menacing or harassing;

(f) to engage in abusive behaviour toward our staff;

(g) to make inappropriate contact with children or minors;

(h) to access, store, reproduce, distribute, publish or commercially exploit any information or material of any kind that infringes any copyright, patent, trademark, design or other intellectual property right;

(i) to send, relay or distribute any electronic data, the contents or properties of which have been manipulated for the purpose of maliciously or illegally impersonating or obscuring the original source of that data. This does not include the use of Virtual Private Networks or similar concepts in circumstances where this is legal and otherwise complies with this Policy;

(j) to access, monitor, use or control any other person’s equipment, systems, networks or data (including usernames and passwords) or to otherwise probe, scan or test the vulnerability of any other person’s equipment, networks, systems or data, without that person’s consent;

(k) to access, or attempt to access, the accounts or private information of others, or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data. This does not include conducting network security testing specifically requested by the owner of the targeted network or system;

(l) to use or distribute software (such as password guessing programs, keyboard loggers, viruses or trojans) with the intent of compromising the security of any network or system;

(m) to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as ‘pyramid schemes’, ‘Ponzi schemes’, and ‘chain letters’;

(n) to engage in any unreasonable activity which impairs the ability of other people or systems to use our Services or the Internet. This includes any malicious activity resulting in an adverse effect such as denial of service attacks against another network host or individual user, flooding of a  network, overloading a service, improper seizing or abuse of operator privileges, and attempts to harm a system or network. For the avoidance of doubt, this clause does not capture an activity solely because it unintentionally contributes to network congestion; or

(o) to access, store, reproduce, distribute or publish any content which is prohibited or unlawful under any Commonwealth, State or Territory law or classification system, or to provide unrestricted access to material that is unsuitable for minors.

2.2 Due to Payment Card Industry (PCI) requirements

You, and any person who accesses your Service, must not use, or attempt to use, our web-hosting Services to

store credit card data without our express consent in writing.

3. UNREASONABLE USE

Without limiting section 2 above, it is “Unreasonable Use” of a Service if your use of the Service is reasonably considered by Leaptel to:

(a) deliberately cause significant network congestion, disruption or otherwise adversely affect the Leaptel Network or a supplier’s network, other than by means of ordinary use; or

(b) adversely affect another person’s use of or access to the Services, the Leaptel Network or a supplier’s network.

(c) resupplying or reselling a Service without Leaptel’s written consent so that someone else may access, use or commercially exploit a Service

(d) non-ordinary use of a Service.

Without limitation:

(d) non-ordinary use includes circumstances where you make or receive calls and/or make use of the internet and Services on our Network in any non-ordinary manner without obtaining our written consent first, which consent we may give or withhold, or make subject to conditions, in our discretion. Use in a non-ordinary manner includes:

(i) in the case of fixed line telephone Services:

(A) usage of a residential telephone service for non-residential purposes;

(B) usage of a business service for running a telemarketing business or call centre without our express written consent; and

(C) usage with handsets, auto-dialler devices or software or other equipment that have not been approved by Us for use on our Network;

(ii) in the case of any Service

(A) usage to menace, harass or injure any person or damage anything;

(B) usage in connection with an infringement or committing an offence against any law, standard or code; or

(C) the usage of a residential internet service for non-residential purposes without the express written permission of Leaptel. If Leaptel detects non-residential usage patterns that suggest commercial use or non-ordinary use of the Service (subject to investigation and in Leaptel’s exclusive opinion), Leaptel will request that you reduce your usage. Failure to immediately comply with this request may result in Leaptel suspending or disconnecting your service without additional notice.

(D) any other activity which would not be reasonably regarded as ordinary use in relation to this Policy

4. EXCESSIVE USE

You must use your Service in accordance with any download, capacity or usage limits stated in the specific plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Service if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our Network or systems

5. SPAM

(5.1) In this clause 3, “Spam” includes one or more unsolicited commercial electronic messages with an “Australian link” as contemplated by the Spam Act 2003.

(5.2) You must not use the Service to:

(a) send, allow to be sent, or assist in the sending of Spam;

(b) use or distribute any software designed to harvest email addresses; or

(c) otherwise breach the Spam Act 2003 or any regulations made under the Spam Act 2003.

6. SECURITY

You are responsible for maintaining the security of your Service, including protection of account details, passwords and protection against unauthorized usage of your Service by a third party. We recommend that you take appropriate security measures such as installation of a firewall and use up to date anti-virus software. You are responsible for all charges incurred by other persons who you allow to use your Service, including anyone to whom you have disclosed your password and account details.

7. COPYRIGHT

Downloading copyright material or making copyright material available to others on the internet is illegal unless specific permission is granted by the copyright owner. It is your responsibility to ensure that you do not infringe the intellectual property rights of any person in relation to any material that you access or download and copy, store, send or distribute using your Service.

If Leaptel reasonably suspects that a Customer is infringing a third party’s copyright, Leaptel may request you cease using the Service for this use. If Leaptel reasonably suspects that a Customer continues to infringe a third party’s copyright after being notified, Leaptel may suspend or terminate a Customer’s service without prior notice.

8. CONTENT

You are responsible for determining the content and information you choose to access on the Internet when using your Service.

It is your responsibility to take all steps you consider necessary (including the use of filtering programs) to prevent access to offensive or obscene content on the by children or minors who you allow to use your Service.

You must not use or attempt to use your Service to make inappropriate contact with children or minors who are not otherwise known to you.

You are responsible for any content you store, send or distribute on or via our Network and systems including, but not limited to, content you place or post on web pages, email, chat or discussion forums, bulletin boards, instant messaging, SMS and Usenet news. You must not use such services to send or distribute any content which is prohibited, deemed obscene or offensive or otherwise unlawful under any applicable Commonwealth, State or Territory law, including to send or distribute classes of restricted content to children or minors if that is prohibited or an offence under such laws.

Your failure to comply with these requirements may lead to immediate suspension or termination of your Service without notice. If we have reason to believe you have used your Service to access child pornography or child abuse material, we are required by law to refer the matter to the Australian Federal Police

9. GENERAL

(9.1) You must use reasonable endeavors to secure any device or network within your control against being used in breach of this Acceptable Use Policy by third parties, including where appropriate:

(a) the installation and maintenance of antivirus and firewall software;

(b) the application of operating system and application software patches and updates;

(c) protecting your account information and password and taking all reasonable care to prevent unauthorised access to your service, including taking reasonable steps to secure any Wi-Fi network that your operate;

(d) for residential users, requiring any persons (for example, other members of your household) that you allow to use your Service from time to time to also comply with this Policy; and

(e) for business and government users, maintaining and enforcing appropriate workplace and guest user policies that are consistent with the requirements of this Acceptable Use Policy.

(9.2) Unless otherwise stated, our rights to suspend,cancel or restrict the supply of the Service to you applies regardless of whether the breach or suspected breach was committed intentionally, or by means not authorised by you (such as through Trojan horses, viruses or other security breaches).