Fair Go Policy

This is MoonSpace Fair Go Policy, which forms part of MoonSpace Customer Terms (as applicable). Definitions for the terms used in this Policy are contained in MoonSpace Customer Terms (as applicable).

  • Our Fair Go Policy applies to Services which are stated to be subject to the Fair Go Policy (“Fair Use Services”)
  • Our Fair Go Policy is intended to ensure the availability of Our Services to all eligible MoonSpace Customers and that the Fair Use Services are not used in an unreasonable manner
  • We may rely on the Fair Go Policy where Your usage of the Fair Use Services is unreasonable

Application

This Policy applies to all customers who acquire IT Services from us. Your obligation to comply with this Policy includes your obligation to ensure any person who you allow to use your IT Service also complies with this Policy.

Your failure to comply with this Policy (including by any person who you allow to use your IT Service) may lead to the suspension or termination of your IT Service.

Your Obligations and Prohibited Use

  • You must not access, nor permit any other party to access, the Services for any purpose or activity of an illegal, fraudulent or defamatory nature or any other nature contrary to statute.
  • You must not use the Services to make available any material that is illegal, including but not limited to material that is classified or would be classified as RC or X under the National Classification Code set out in Schedule 5 of the Classification (Publications, Films and Computer Games) Act 1995 (SA), nor will you use the Services to provide unrestricted access to material that is unsuitable for minors.
  • You will not act through the Services, or use the Services, to block or disrupt access by other users, service providers, their computers, software or hardware. Such actions include, but are not limited to attempting to gain unauthorised access to another computer system, unauthorised copying, monitoring, modification or destruction of information held on another computer system, unauthorised copying or dissemination of material protected by copyright or propagating computer viruses, worms and other types of malicious programs, probing, scanning or testing the vulnerability of a system or network, breaching any security or authentication measures for a system or network, accessing the account or private information off any other user, accessing any server in violation of any fair go policy of that server, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host.
  • You must not use the Services to transmit or display (nor permit any other party to use the Services to transmit or display) threatening, obscene, offensive or abusive materials, or engage in any form of harassment when using the Services (or when permitting any other party to use the Services).
  • The Services must not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.
  • You will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information or material of any kind (including but not limited to information or material accessed through or received from the Services) that infringes any copyright, patent, trade mark, design or other intellectual property right or, in our reasonable opinion, is likely to mislead or deceive any person accessing the relevant information or material.
  • You must respect the privacy of others when accessing and using the Services.
  • You must, in accessing and using the Services, only use software that you are legally entitled to use and such use must not infringe any third party intellectual property rights.
  • You must not use the Services illegal soliciting schemes.
  • You must not use the Services for any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
  • You must not use (or attempt to use) or distribute tools designed for compromising security (such as password guessing programs, cracking tools, packet sniffers or network probing tools).

Spam

  • In this Policy, “Spam” includes one or more unsolicited commercial electronic messages to which the Spam Act 2003 applies, and derivations of the word “Spam” have corresponding meanings.

Codes of Practice

The Internet Industry Codes of Practice registered with the Australian Communications and Media Authority (“ACMA”) set out how IT Service providers, such as MoonSpace must address the sources of Spam within their own networks. They also require IT Service providers to give end-users information about how to deal with Spam, and informed choice about their filtering options.

Your Spam Obligations

You agree that you will use your IT Service in compliance with the Spam Act 2003 and will not engage in practices which would result in a breach of the Act. In particular, you agree that you will not use, attempt to use or allow your IT Service to be used to:

  • send, allow to be sent, or assist in the sending of Spam;
  • use or distribute any software designed to harvest email addresses;
  • host any device or service that allows email to be sent between third parties not under your authority or control; or
  • otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth, (your “Spam Obligations”).
  • You agree to use your reasonable best endeavours to secure any device or network within your control against being used in breach of your Spam Obligations by third parties, including where appropriate:
  • the installation and maintenance of antivirus software;
  • the installation and maintenance of firewall software; and
  • the application of operating system and application software patches and updates.

We may scan any IP address ranges allocated to you for your use with your IT Service in order to detect the presence of open or otherwise mis configured mail and proxy servers. If we detect open or mis configured mail or proxy servers we may suspend or terminate your IT Service. The circumstances in which we may do so are set out in section 15 (suspension and termination).

Excessive Use

You must use your IT Service in accordance with any limits stated in the specific plan that you subscribe to for the use of that Service.

We may limit, suspend or terminate your IT Service if you:

  • cause significant network congestion, disruption or otherwise adversely affect our Network;
  • 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.

adversely affect another person’s use of or access to the Fair Use Services

Security

You are responsible for maintaining the security of your IT 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 IT Service, including anyone to whom you have disclosed your password and account details.

Copyright

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 from the Internet and copy, store, send or distribute using IT Service.

You must not use your IT Service to copy, adapt, reproduce, distribute or otherwise make available to other persons any content or material (including but not limited to music files in any format) which is subject to copyright or do any other acts in relation to such copyright material which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 (Cth) or any other applicable laws.

You acknowledge and agree that we have the right to immediately suspend hosting and may remove from our Network or systems any content upon receiving a complaint or allegation that the material infringes copyright or any other intellectual property rights of any person.

Content

You are responsible for determining the content and information you choose to access on the Internet when using your IT 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 Internet by children or minors who you allow to use your IT Service.

You may obtain further information on content filtering products at the Internet Industry Association (IIA) website at www.iia.net.au

You must not use or attempt to use your IT Service to make inappropriate contact with children or minors who are not otherwise know to you. You are responsible for any content you store, send or distribute on or via our 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 IT Service without notice. If we have reason to believe you have used your IT Service to access child pornography or child abuse material, we are required by law to refer the matter to the Australian Federal Police.

Regulatory Authorities

You must label or clearly identify any content you generally make available using your IT Service in accordance with the applicable classification guidelines and National Classification Code (issued pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth)) or any industry code which applies to your use or distribution of that content.

Commonwealth legislation allows the ACMA to direct us to remove from our Network and servers any content which is classified, or likely to be classified, as ‘prohibited’ content. We also cooperate fully with law enforcement and security agencies, including in relation to court orders for the interception or monitoring of our Network and systems. MoonSpace may take these steps at any time without notice to you.

You must not hinder or prevent us from taking all steps necessary to comply with any direction from ACMA or any other law enforcement or security agency. You acknowledge that MoonSpace reserves the right to limit, suspend or terminate your IT Service if there are reasonable grounds for suspecting that you are engaging in illegal conduct or where use of your IT Service is subject to any investigation by law enforcement or regulatory authorities.

Suspension & Termination

You’ll have an opportunity to rectify the breach before we suspend your IT Service

MoonSpace reserves the right to suspend your IT Service if you are in breach of this Policy, provided that we will first take reasonable steps to contact you and give you the opportunity to rectify the breach within a reasonable period.

What is reasonable in this context will depend on the severity of the problems being caused by the breach (for example, if you commit a serious or continuing breach, it may be reasonable to immediately suspend your IT Service without notice to you).

If we notify you of a breach of your Spam Obligations, we will, at your request and to the extent we are reasonably able, supply you with information as to the nature of open relays and suggested resolutions to assist you to comply with your Spam Obligations.

Our right to suspend your IT Service applies regardless of whether 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.

What happens if you don’t rectify your breach?

If your IT Service is suspended and the grounds upon which it was suspended are not corrected by you within seven days, we may terminate your IT Service. In the event your IT Service is terminated, you may apply for a pro rata refund of any pre-paid charges for your IT Service.

Our Rights

  • We reserve the right to remove any information or materials, in whole or in part, that we, in our sole discretion, deem to be offensive, obscene, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
  • We are under no obligation to monitor transmissions or published content on the Services. However, we or our agents have the right to monitor such transmissions or published content from time to time.

Changes

MoonSpace may vary this Policy by giving you notice by email to the email address notified by you or otherwise in accordance with the notice provisions of your service agreement with us. Your continued use of your IT Service after such notice will constitute acceptance of the variation.