Acceptable Use Policy
In this Policy:
“NQIT” or “We” or “Our” refers to IWORX PTY. LTD ACN 140 813 216
Trading as NTH QLD IT.
“You” or “Your” refers to the customer.
“Service(s)” means any service You receive from NQIT or that NQIT offers (as the case may be).
Specifying anything in this Policy after the words “include”, “includes”, “including” or any similar expression does not limit what else is included whether before or after the relevant words.
This is NQIT’s Acceptable Use Policy (“Acceptable Use Policy”), which forms part of NQIT’s standard terms and conditions (as amended from time to time).
1. About Our Acceptable Use Policy
1.1 This Acceptable Use Policy ensures the availability of Our Services to eligible customers and makes sure everyone gets a fair go. We have designed Our products to be generous, but We do not want those generous terms to be abused.
1.2 We reserve the right to immediately suspend, cancel or restrict the supply of the Service to You (depending upon what is reasonable in the circumstances) if You use the Service, or if any person who accesses Your Service, uses it, in a manner that breaches this Acceptable Use Policy. What is reasonable in this context will depend upon the severity of the breach, for example, in the event You commit a serious breach, it may be reasonable to suspend Your Service immediately without notice to You.
1.3 NQIT will take reasonable steps to inform You of Your breach and, if appropriate, give You an opportunity to rectify the breach within a reasonable period.
1.4 NQIT’s right to suspend Your Service applies regardless of whether the breach or suspected breach is committed intentionally, or by means not authorised by You (such as through Trojan horses, viruses or other security breaches).
1.5 In the event Your Service is suspended and the breach is not rectified by You within 14 days, NQIT may terminate Your Service.
2. Prohibited Use
2.1 You, and any person who accesses Your Service, must not use, or attempt to use, the Service:
- for illegal purposes or practices;
- for any purpose that We have advised You is prohibited;
- 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);
- in any way which makes it unsafe or which may damage any property or injure or kill any person;
- to transmit, publish or communicate any material or engage in any conduct which is defamatory, abusive, menacing or harassing;
- to engage in abusive behaviour toward Our staff;
- to make inappropriate contact with children or minors;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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’;
- 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
- to access, store, reproduce, distribute or publish any content which is prohibited or unlawful under any Commonwealth, State or Territory law;
- to provide unrestricted access to material that is unsuitable for minors; or
- Otherwise breach any State, Territory or Commonwealth law or regulation.
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.
3.1 In this clause 3, the term “Spam” includes one or more unsolicited commercial electronic messages with an “Australian link” as contemplated by the Spam Act 2003 (Cth).
3.2 You must not use the Service to:
- send, allow to be sent, or assist in the sending of Spam;
- use or distribute any software designed to harvest email addresses; or
- otherwise breach the Spam Act 2003 (Cth).
4.1 You must use reasonable endeavours to ensure any device or network within Your control is not being used in breach of this Acceptable Use Policy by third parties, including, where appropriate, by taking the following measures:
- installing and maintaining antivirus and firewall software;
- applying operating system and application software patches and updates;
- protecting Your account information and password and taking reasonable care to prevent unauthorised access to Your service, including by taking reasonable steps to secure any Wi-Fi network that You operate;
- 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
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.
5. Limit’s on NQIT’s Responsibility
5.1 You acknowledge that NQIT do not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Services and agree that NQIT will not be held responsible in any way for any content or information accessed via the Services;
5.2 To this end, You agree to indemnify NQIT wholly in respect of any liability arising directly or indirectly from a failure by You to observe Your obligations under this Policy.
5.3 You acknowledge and understand that:
- NQIT must comply with the Telecommunications Act 1997 (Cth), the Australian Consumer Law and any other applicable Commonwealth, State or Territory laws or directions of law enforcement agencies that have jurisdiction over the use of internet services;
- Commonwealth legislation allows the Australian Communications and Media Authority (“ACMA”) to direct NQIT to remove from Our network and servers any content which is classified, or likely to be classified as ‘prohibited’ content. NQIT co-operates fully with all law enforcement and security agencies, including in relation to court orders relating to the interception and/or monitoring of Our network and systems. NQIT may provide information relating to You at any time without notice to You when legally required to do so. You must not prevent NQIT from taking all necessary steps to comply with any direction of ACMA or any other law enforcement or security agency; and
- NQIT disclaims all or any liability for any material on the internet that You find offensive, upsetting or defamatory and in anyway unsuitable for minors.