Acceptable Use Policy

Details

This Acceptable Use Policy (Policy) applies to all users (Customers) of any hardware (including any server) or internet connection (collectively “Service”) provided by KE Software (Australia) Pty Ltd ACN 096 105 252 (KE) who have entered into an agreement (Agreement) with KE for such Service.

Under the Agreement, the Customers have agreed to comply with this Policy.

This Policy outlines certain prohibited uses of the Service and the consequences which may flow from a violation of this Policy.

All terms used in this Policy which are not expressly defined have the same meaning as in the Agreement.

1.
No resale of Service
The Service may not be used for any resale purposes whatsoever without the prior written consent of KE. In the event that a Service is used for resale purposes without KE's prior written consent, KE may immediately cancel the Service.
2.
Illegal Use
The Service may not be used:
(a) to break any law or to infringe another person's rights;
(b) to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing, unwanted or otherwise unlawful or unauthorised;
(c) in any way that may expose KE to liability; or
(d) in any way which or which may damage, interfere with or interrupt the Service or a supplier's network used to supply the Service.
KE may suspend without prior notice any Service that, in its reasonable opinion, is being used in breach of this clause. The matter may then be referred to the appropriate authority for further investigation or action.
3.
Security
3.1
Security obligations
The Customer:
(a) is responsible for any misuse of the Service that is in breach of the Agreement (including this Policy) and must take reasonable steps to ensure that others do not gain unauthorised access to the Service;
(b) must not use or permit the use of the Service to obtain or attempt to obtain unauthorised access to any computer, system or network or to carry out any unauthorised or unlawful activity; and
(c) must notify KE immediately of any breach of clause 3.1(a) or (b).
3.2
Acknowledgment
The Customer acknowledges that when accessing the internet through using the Service and the KE network there is a possibility that other parties may gain unauthorised access to:
(a) the Service; or
(b) the Customer's equipment (including any software used in conjunction with such equipment); or
(c) the Customer's confidential or personal information,
thereby causing harm, damage or loss to the Customer.  The Customer agrees to bear all risks of such harm, damage or loss occurring through the Customer's use of the Service and the KE network under the Agreement.
3.3
Control over content
KE is not responsible for any content that the Customer may publish via websites, email, newsgroups, online forums or other publishing mediums accessed through the Service or the KE network. The Customer acknowledges that KE may take such action as it may deem appropriate to block access to, remove or refuse to post any content:
(a) in order to comply with any law or any directions of a regulator or other authority; or
(b) that KE in its sole discretion considers to be defamatory, offensive, abusive, indecent, menacing or otherwise inappropriate regardless of whether such content is unlawful.
The Customer hereby indemnifies KE against any claims, loss, actions, damages, suits or proceedings against KE arising out of or otherwise related to such activities.
4.
Copyright protection

The Customer acknowledges that downloading copyright material or making copyright material available to others on the internet is illegal unless specific permission is granted by the copyright owner.

KE will forward any copyright infringement notices received by KE in relation to a Customer's account to the Customer or the contact person nominated by the Customer for the Customer's account.  The Customer must contact the issuer of the notice as soon as possible.

If KE reasonably suspects that a Customer is infringing a third party's copyright or if 3 or more copyright infringement notices have been received in relation to a Customer's account and the Customer fails to provide a valid defence for such notice in writing to the issuer of the notice that is satisfactory to KE, then KE may cancel the Service with 14 days notice to the Customer.
5.
Email
5.1
Requirements
A Customer using the Service or the KE network to run an email subscription service must observe the following requirements:
(a) A subscriber of the subscription service must nominate their own email address to the Customer;
(b) The Customer must then send an email to the subscriber seeking confirmation that the subscriber wants to be added to the Customer's mailing list;
(c) The subscriber's email address is only to be added to the Customer's mailing list if the subscriber replies to the Customer's email confirming that the subscriber wants to be added to the Customer's mailing list;
(d) If the subscriber fails to reply within fourteen (14) days, the Customer must remove the subscriber's email address from the Customer's email mailing list; and
(e) the Customer's functional unsubscribe facility must allow for immediate removal of an email address from the Customer's mailing list when requested by a subscriber and for a reply confirming removal to be sent to the subscriber.
5.2
Prohibited uses
The following activities carried out using the Service are prohibited:
(a) sending emails, or causing emails to be sent, that hides or obscures the source of the email, that contains invalid or forged headers or domain names or deceptive addresses;
(b) receiving or collecting responses from bulk unsolicited emails whether or not the original emails were sent using the Service;
(c) hosting a website to which recipients of bulk unsolicited emails are directed;
(d) relaying emails from a third party's mail server without permission or which employs similar techniques to hide or obscure the source of the email;
(e) collecting or harvesting screen names or email addresses of others for the purpose of sending unsolicited emails or for exchange;
(f) sending large or numerous emails for the purpose of disrupting another party's computer or account;
(g) sending emails that may damage or affect the performance of an email recipient's computer (including any emails which contain viruses or other harmful components);
(h) persistently sending emails without reasonable cause or for the purpose of causing nuisance, annoyance, inconvenience or needless anxiety to any person; or
(i) connecting the KE network to an open relay mail server or any other device which may allow third parties, whether connected to the KE network or to another service provider's network, to use that mail server or device for the purposes of sending electronic messages, solicited or otherwise, with or without the Customer's prior knowledge or consent.
6.
SPAM
6.1 When using the Service or the KE network the Customer must at all times comply with the Spam Act 2003 (Cth) and the regulations made thereunder including the Spam Regulations 2004 (Cth) (together Spam Legislation).
6.2 In particular, the Customer:
(a) Must not use or permit the use of the Service or the KE network to accept, transmit or distribute bulk and/or unsolicited commercial electronic messages, including messages of an advertising or promotional nature (Spam); or
(b) Supply, acquire or use or permit the supply, acquisition or use of any software designed to harvest email addresses through the Service or the KE network or any electronic email address list produced using such address-harvesting software.
6.3 The only circumstances in which the Service or the KE network may be used to send unsolicited emails of an advertising or promotional nature are where such emails are sent:
(a) To persons with whom the Customer has a pre-existing business, professional or personal relationship; or
(b) To persons who had previously indicated to the Customer their consent to receive such emails from the Customer from time to time, for example by ticking a box to that effect on the Customer's website.
6.4 Unless clause 6.3 (a) or (b) is complied with, the Customer must not send unsolicited bulk emails using the Service or the KE network. Even if clause 6.3 (a) or (b) is complied with, such emails must:
(a) Include information about the individual or organisation who authorised the sending of the emails; and
(b) Contain a functional unsubscribe facility made known to the recipients who may exercise an option to be removed from the Customer's emailing list.
6.5 KE may suspend the Service in the following events:
(a) If the Service or the KE network is being used to host any device or service that allows email to be sent between third parties not under the Customer's authority and control; or
(b) The Customer is in breach of clause 6.1
Whether or not the same occurs with the Customer's knowledge, through mis-configuration of the Customer's equipment or network or by other means not authorised by the Customer such as through a Trojan horse or computer virus.
6.6 If it comes to KE's notice that Spam is being transmitted through a Customer's account using the Service or the KE network, KE may take the following action to blocking the Customer's account from which, in KE's reasonable opinion, the Spam originates:
(a) KE will apply a 'Spam Portal Block' which will limit the internet access of that Customer's account to the KE Spam Portal web page which has further information about Spam and allows the Customer to address the Spam issue and resolve it.
(b) The Customer's account will be released from the Spam Portal Block not less than two (2) hours AFTER KE is satisfied that Spam is no longer being transmitted through the Customer's account.
Not with standing the above actions by KE, the Customer remains liable for all costs and charges relating to their internet access under the Agreement regardless of the length of time and the number of times a Spam Portal Block is applied to its account.
6.7 The Customer must use its best endeavours to secure all equipment, devices and networks within its control against being used by third parties in breach of clause 6.1, including where appropriate:
(a) installation and maintenance of appropriate up-to-date antivirus software;
(b) the installation and maintenance of an appropriate and adequate firewall software;
(c) the application of operating system and application software patches and updates.
6.8 KE may scan any IP address ranges allocated for a Customer's use with the Service in order to detect the presence of open or otherwise mis-configured mail and proxy servers.
6.9 If a Service is suspended and the grounds upon which it was suspended are not corrected by the Customer within seven (7) days, KE may terminate the Service under the Agreement.
7.
Newsgroups
7.1 The Customer must not use the Service or the KE network or allow the Service or the KE network to be used to:
(a) engage in mass posting of messages to newsgroups;
(b) post advertisements other than in newsgroups that specifically encourage or permit advertising;
(c) post binary files other than in newsgroups that specifically encourage or permit such postings;
(d) post large or numerous messages with purpose of disrupting a newsgroup; or
(e) send messages that contain invalid or forged headers or domain names or deceptive addresses.
8.
Viruses, Worms, Trojans, Denial of Service Attacks, etc.

The Customer must take steps to protect its computer and any equipment or networks that are connected to the Service against higher level computer programs (such as viruses, worms, Trojans and other malicious programs) and lower level denial of service attacks that can be distributed or propagated through the internet, including electronic mail.

The Customer must ensure that it has in place appropriate and adequate protection for its systems to prevent circulation of such computer programs and attacks from the Customer's computer, equipment or networks through the Service.  Such protection methods should include firewalls and an appropriate user policy regarding email attachments, the most up to date virus scanning software, etc.

While KE makes reasonable efforts to ensure the security of its equipment, it cannot and does not guarantee that viruses and other detrimental programs will not be distributed via the Service. KE is not liable for any degradation in Service or any increased download or damage suffered by a Customer as a result of any program received by or sent to the Customer using the Service.