FAIR USE POLICY
FAIR USE POLICY
ACCEPTABLE USE POLICY
YOU MUST COMPLY WITH THIS ACCEPTABLE USE POLICY WHEN YOU USE OUR SERVICES
Customers warrant that they will not engage in conduct that could be construed by anyone in any location as constituting sending of spam. This includes sending or causing the sending of any unsolicited or unauthorised advertising, promotional materials, junk mails, bulk unsolicited email, mail bombing, chain letters, multiple newsgroup cross-posting, or other form of solicitation.
Customers warrant that they will not host any website or mail server when using Sky Fibre Services. Customers also warrant that they will not employ any identity disguising techniques in connection with spam , including relaying email via a third party’s mail server without permission, hosting an open mail relay server, or employing similar techniques to hide or obscure the source of an email.
Customers warrant that they will not, including knowingly, host or transmit any content that contains any Software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Customers also warrant that they will not host or transmit any content the hosting or the transmitting of which would be a contravention of any law of the commonwealth of, or a State in, Australia, such as, for example, material of a pornographic nature.
Customers warrant that they will not engage in malicious activity against any host on the internet including defacing of web-sites without the permission of the website owner, obtaining (or attempting to obtain) unauthorised access to data by circumventing (or attempting to circumvent) security controls designed to prevent un-authorised access or interference with Service to any User, host or network including, without limitation, mail bombing, flooding deliberate attempts to overload a system.
It is important to Sky Fibre that all eligible Sky Fibre customers are able to access our Service. Accordingly, we have devised a Fair Use Policy which applies to usage of the Service. We reserve the right to vary the terms of the Fair Use Policy from time to time. Sky Fibre may rely on the Fair Use Policy where your usage of the Services is Unreasonable.
Unreasonable Use: It is unreasonable use of the Service where your use of the Services is reasonably considered by Sky Fibre to be fraudulent use, to be contrary to the way the Services are intended to be used (“Intended Use”), or to adversely affect Sky Fibre’s Network or other Sky Fibre customers' use of or access to the Services.
"Fraudulent Use" includes resupplying the Service without Sky Fibre's consent so that someone else may access or use the Service or to take advantage of a Fair Use Promotion.
Use which is contrary to the Intended Use includes: using the Services in a way that an ordinary person could reasonably regard as commercial use, unless you are on a business plan; using the Services in a way that an ordinary person would not regard as being used for ordinary business use, when you are a business customer; using the Services with a device that re-routes or switches calls to or from the network of Sky Fibre to another carrier’s network, or SIM boxing; using the Services in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the Services; using the Services for the purpose of transiting, refiling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on Our Network.
Excessive usage contravenes the Fair Use Policy. Excessive use is a continuing and unreasonably disproportionate use of the service when compared to other users or consistently significantly exceeding the download limit specified by your plan. Excessive usage of an “Unlimited” plan occurs when the level of download activity is significantly disproportionate to other “Unlimited” users. Sky Fibre Networks reserves the right to change the plan a customer is on if they contravene the Fair Use Policy. In this event, we will make reasonable efforts to contact you and advice of the amendment or change and we will allow you the option of terminating the Services without penalty.
If you breach this Fair Use Policy, Sky Fibre will contact you to discuss changing your usage so that it conforms to this Fair Use Policy. If, after Sky Fibre has contacted you, your unreasonable use continues, Sky Fibre may, without further notice to you, suspend or limit the Services (or any feature of it) for any period we think is reasonably necessary and/or terminate your agreement in accordance to our Terms & Conditions of the Standard Form of Agreement.
We may also take the following remedial actions if the law or a regulator or other authority requires us to do so.
- For a serious or a non-serious breach where the consequences are serious, immediately terminating or suspending your service;
- for all other breaches, immediately suspending your service and then terminating the service if you do not remedy the breach;
- giving you a notice to stop the activities or conduct, or to take steps to remedy your breach;
- giving you a warning that any further repetition of the activity or conduct will result in us immediately
- terminating or suspending your service; and
- Reporting of the activities or conduct to relevant authorities.
- We will do our best to tell you before we terminate or suspend your service if it is reasonably possible for us to do so.
