Fish Telecom

Acceptable Usage Policy

Any user of Fish Telecom Services ("the Service") will need to comply with this Acceptable Use Policy ("AUP"). The Fish Telecom ISP Service is provided by Fish Telecom ("us" or "we"). We may change this Policy to reflect any changes in the law or community standards or whenever we deem it necessary without notice. Any changes will be effective upon posting to the Fish Telecom website at the following URL: http://www.fishtelecom.com.au/aup and it will be the User's responsibility to ensure that they are fully aware of these changes.

1. ILLEGAL USE

The Service may be used for lawful purposes only and in compliance with all current and future statutes in force from time to time. The Customer ("You") agree not to use the Service to send or receive materials or data which are in violation of any law or regulation or which are defamatory, offensive, abusive, indecent, obscene or in breach of confidence, privacy, trade secrets or in breach of any third party Intellectual Property rights (including copyright) or in breach of any other rights.

You are prohibited from storing, distributing or transmitting any unlawful material through our services. Examples of unlawful material include direct threats of physical harm, hardcore and child pornography, copyrighted, trademarked and other proprietary material used without proper authorisation. You may not post, upload or otherwise distribute copyrighted material on our servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could lead to Australian authorities alleging criminal liability.

2. VIOLATIONS OF SYSTEM OR NETWORK SECURITY

Any violations of systems or network security are prohibited, and may result in the User facing criminal and civil liability. We will investigate incidents involving such violations and will inform and co-operate with the relevant law enforcement organisations if a criminal violation is suspected. Violations may include, but are not limited to, the following:

Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network.

Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network.

Interfering with any user, host or network including mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

You may not store or distribute certain other types of prohibited material on our servers. Examples of prohibited material include, but are not limited to, programs containing viruses or Trojan horses and tools to compromise the security of other sites.

3. SPAM

3.1 Definition

In this section, "Spam" includes one or more unsolicited commercial electronic messages with an Australian link for purposes of the Spam Act 2003, and derivations of the word "Spam" have corresponding meanings.

3.2 Acceptable use in relation to Spam

You may not use the Service to:

  1. send, allow to be sent, or assist in the sending of Spam;
  2. use or distribute any software designed to harvest email addresses; or
  3. otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth.

3.3 Our rights to suspend the Service

We may suspend our provision of the Service to you in the following events:

  1. if the Service provided to you is being used to host any device or service that allows email to be sent between third parties not under your authority and control; or
  2. if you are in breach of clause 3.2 above;

provided however that we will first make reasonable attempts to contact you and give you the opportunity to address the problem within a reasonable time period. What is reasonable in this context will depend on the severity of the problems being caused by the open service or breach referred to above.

3.4 Customer to minimise risk of breach

You agree to use your reasonable best endeavours to secure any device or network within your control against being used in breach of clause 3.2 above by third parties, including where appropriate:

  1. the installation and maintenance of antivirus software;
  2. the installation and maintenance of firewall software; and
  3. the application of operating system and application software patches and updates.

Our right to suspend your account applies regardless of whether the open service is provided or the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.

3.5 Our right to scan for misconfigurations

We may scan any IP address ranges allocated to you for your use with the Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers.

3.6 Our right to terminate the Service

If the Service is suspended and the grounds upon which it was suspended are not corrected by you within seven days, we may terminate the Service. In the event the Service is terminated under this clause, you may apply for a pro rata refund of any pre-paid charges for the Service, but we will have the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in the suspension.

4. EMAIL ACCESS

As of Monday 19th April 2004, Fish Telecom only officially supports the company's web based email service called FishMail. It can be found at http://www.fishtelecom.com.au/fishmail

You can use third-party programs such as Outlook, Outlook Express, Thunderbird, Eudora and many others. However, due to the increasing number of these applications and platforms, Fish Telecom will not be able to give direct support for specific applications.

If you wish to use these one of these applications:

  • the Fish Telecom configuration program (found at http://www.fishtelecom.com.au/support) will set up one email address in Outlook Express automatically
  • the email settings for our mail server that these programs require can be found in the Support section of our website

Like any application, support for your email application can be found:

  • using the application's native help menu
  • through the company who supplies the software
  • through an IT professional (we recommend Resolve IT, a professional PC and IT company based in the Illawarra on 42852099 that provides Fish Telecom's PC support)

5. USENET NEWS USAGE

This service may include access to many Usenet discussion groups including web based news groups and MSN communities (newsgroups). You acknowledge that some newsgroups contain language, pictures, or discussion of subjects intended for adult audiences. We do not monitor access to Usenet newsgroups or the content of posts by our users or users at other sites. Accordingly, we are not responsible for the content of any posting made to Usenet.

We reserve the right to discontinue access to any Usenet newsgroup at any time and for any reason.

Usenet news articles posted using our services must comply with the written charter/FAQ of the newsgroup to which they are posted. If a newsgroup does not have a charter or FAQ, its title may be considered sufficient to determine the general topic of the newsgroup. You are responsible for determining the rules of a newsgroup before posting to it.

Established Usenet conventions ("Netiquette") prohibit advertising in most Usenet newsgroups. You may post advertisements only in those newsgroups that specifically permit them in the charter or FAQ. Some newsgroups may permit "classified ads" for single transactions between private individuals, but not commercial advertisements. You are responsible for determining whether or not a newsgroup permits advertisements before posting.

Netiquette prohibits certain types of posts in most Usenet newsgroups. Types of prohibited posts include chain letters, pyramid schemes, encoded binary files, job offers or listings, and personal ads. You may post these types of message only in newsgroups that specifically permit them in the charter or FAQ (if any). You are responsible for determining whether or not a newsgroup permits a type of message before posting.

You may not alter the headers of posts to Usenet to conceal their e-mail address or to prevent Internet users from responding to posts, except by adding a clause or character to the email address or domain name to foil programs that gather email addresses from Usenet posts.

Only the poster of a Usenet article or us has the right to cancel the article. You may not use our resources to cancel articles that you did not post. The sole exception to this rule is for moderators of formally moderated newsgroups where the moderator of a newsgroup may not post any articles in a newsgroup he or she is moderating.

You may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages that contain no substantive content to a newsgroup to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.

You may not excessively post the same or similar article to multiple unrelated newsgroups.

6. WORLD WIDE WEB USAGE

You are solely responsible for the content of Web pages owned and/or operated by you.

We reserve the right to remove any Web page on our servers at any time and for any reason.

You are responsible for keeping a backup copy of your own website. We will be held indemnified for any lost data, or consequence as such including non-accessability and down time.

We will investigate complaints regarding inappropriate material on Web pages within our domain and may, in our sole discretion, require that the material be removed immediately or take action as required with the maximum penalty allowable by law

You may not use World Wide Web pages within or outside our domain to violate any part of the AUP, or to attempt to disrupt the pages or Internet experiences of other users.

Users whose web pages are generating excess traffic may receive a warning from us.

7. INTERNET RELAY CHAT (IRC) USE

We do not monitor IRC channels. Any user in IRC may create a channel and hold operator privileges, and any user with operator privileges on a channel may remove anyone else from that channel. Channel operators are not our agents, and are in no way compensated or supervised by us, accordingly, we are not liable for the content of any communication made on IRC.

We are not obliged to respond to complaints of inappropriate behaviour in IRC. If at Fish Telecom's discretion a user's behaviour is found to violate any of our IRC policies, or to involve unlawful material, Fish Internet reserves the right to terminate that acount immediately.

Users may not engage in "flooding". Flooding is understood as deliberately repeating actions in quick succession in order to fill the screens of other users with text.

Users may not maintain more than 3 simultaneous IRC connections from one account. This includes the use of automated programs, "bots" and "clones". A "bot" is a program written by a user to automatically execute IRC commands. Each bot counts as one IRC connection. You may run bots as long as the total number of connections does not exceed 3, and the bots do not violate any of our IRC guidelines. Bots may not be run while the owner is not logged in.

A "flash" is a message, which contains control code information designed to disrupt a user's terminal emulation or session. You may not send or relay such messages via any medium, including IRC.

One or more users with operator privileges or "ops", control each IRC channel. The holder of ops on a channel has the ability to remove any other user from that channel, temporarily or for as long as the channel exists. "Hacking" is defined as manipulation of IRC servers in order to harass or disconnect other users, or forcible seizure of ops on a channel for purposes of disruption or harassment. You may not engage in hacking or attempt to gain operator privileges for a channel without the permission of the current holder(s) of ops (if any) on that channel.

As stated above, the holder of ops on a channel has the right to remove any users he or she considers offensive. Users who are removed have the option to move to another channel or create a channel of their own, where they hold operator privileges. You may not attempt to return to a channel after being banned from it.

Any user has the ability to screen out messages from a user that they find objectionable, using the "ignore" command. You may not attempt to continue sending private messages to a user after being ignored.

You may adopt any available nickname for use in IRC, however, the "whois" command can be used to discover the username and hostname of any IRC user. You may not attempt to disguise your username or hostname in order to impersonate other users or to use IRC anonymously.

8. INVESTIGATION

We reserve the right to investigate suspected violations of the AUP. When we become aware of possible violations, we may initiate an investigation, which may include gathering information from the user involved and the complaining party, if any, and examination of material on our servers. Much of the AUP reflect acts that may constitute breaches of Australian legislation or regulations and may in some cases carry criminal liability.

During an investigation, we may suspend the account involved and/or remove the material involved from our servers. Such action may include temporary or permanent removal of material from our servers, the cancellation of newsgroup postings, warnings to the user responsible, and the suspension or termination of the account responsible. We will determine what action will be taken in response to a violation on a case-by-case basis.

You acknowledge that we may be required by current or future law or regulation to access, monitor, store, take copies of, or otherwise deal with the your data stored on or transmitted by the Service. Without limitation, you expressly authorise us to use your personal data and other account information in connection with any such investigation, including by disclosing it to any third party authority that we consider has a legitimate interest in any such investigation or its outcome.

We reserve the right to terminate the Service with immediate effect and without further obligation or liability to you as required by any law enforcement organisation or by the Courts.

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