Acceptable Use Policy

1. General

1.1 This Acceptable Use Policy (AUP) forms part of Activ8me’s service agreement with you.

1.2 This Acceptable Use Policy is subject to review from time to time.

1.3 The “Service” refers to the service agreed to in your contract or agreement withActiv8me.

1.4 Our aim is to ensure that we are able to provide a quality service to all of our customers, that our network is used responsibly, and to ensure that no customers are disadvantaged by the actions of other customers. We also have obligations to our suppliers such as NBN Co, about our customers’ usage of their networks.

1.5 Whilst Activ8me will endeavour to notify you of any breach of this policy in advance of taking any action, we reserve the right to restrict, limit, suspend or cancel the Service without notice to you in the event of a breach of this Policy, such as where your Service is causing degradation or detriment to the network of Activ8me or our supplier, or to other users.

1.6 You must not resell the Service to any other user or commercially exploit the Service without our prior written agreement.

1.7 Activ8me and our suppliers regularly monitor network usage for the purpose of maintaining quality of service and identifying usage that might breach this Policy.

2. Data Services

2.1 This section applies to the use of data services such as Satellite services, all NBN services, ADSL services, and mobile data services. It applies to both Business and Personal use.

2.2 You must use the Service in a responsible manner, and not let the effects of your use of the service unduly affect other users on the network.

2.3 You must not use the Service, or allow anyone else to use the Service:

• for illegal, malicious, improper or other unlawful purpose;
• in any way which unduly interferes with other users on the network;
• in any way that interferes in the proper operation of the network;
• to knowingly transmit a computer virus or other malicious computer program;
• to access or damage other users computer system without permission;
• to infringe the intellectual property rights of other users or third parties;
• to disclose confidential or private information of another user;
• to store, publish, display, distribute or post material that is obscene, offensive, defamatory, abusive or that violates any law or regulation;
• to post, disseminate, or in some cases access, content which is unlawful, including content that would be classified by the Classification Board as RC or X rated and that is or would be classified by the Classification Board as R rated where a restricted access system is not in place;
• to enable a minor to access material inappropriate for a minor;
• to harass or menace any person;
• to conduct or promote a business that is illegal;
• to breach any laws or infringe any third party rights (including without limitation, copyright, intellectual property, defamation, harassment, abuse and privacy) or to breach any standards, content requirements or codes promulgated by any relevant authority or industry body; or
• to attempt or to assist anyone else to do any of the foregoing.

2.4 You must not use the Service, or allow anyone else to use the Service, to:

• send spam, send bulk and/or unsolicited emails or messages. This includes, but is not limited to, commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages. You must only send such a message if permitted by applicable laws, such as where the recipient has agreed to receive messages and can opt-out;
• send emails that hide or obscure the source of the email you send, that contain invalid or forged headers or domain names or deceptive addressing;
• receive responses from bulk unsolicited email where the original was distributed by you, even if not via the Service;
• send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or account;
• relay email from a third party’s mail server without permission;
• collect or harvest screen names or email addresses of others for the purpose of sending unsolicited emails or for exchange;
• send large or numerous emails with the purpose of disrupting another’s computer or account;
• send email that may damage or affect the performance of the email recipient’s computer;
• persistently send email without reasonable cause or for the purpose of causing annoyance, inconvenience or needless anxiety to any person;
• send emails that are offensive, defamatory or for the purposes of soliciting money by deceptive means; or
• send or receive high volumes of emails, data or phone calls by utilising an automated program of any type.

2.5 You must not use the service to interfere with user groups, message forums or any other social media by:

• engaging in mass posting of messages or the posting of messages to inappropriate newsgroups or social media;
• posting advertisements other than in newsgroups or social media that specifically encourage or permit advertising;
• posting binary files other than in newsgroups or social media that specifically encourage or permit such postings;
• posting large or numerous messages with the purpose of disrupting a newsgroup or social medium; or
• sending messages that contain invalid or forged headers or domain names or deceptive addressing.

What constitutes appropriate Usenet newsgroups, social media or appropriate advertising venues will be determined by us.

2.6 If you reach your monthly usage quota in any month (as defined by your anniversary date), your data service will be shaped to a lower speed e.g. 64kbps, 128kbps or 256kbps as appropriate until the commencement of the next month.

3. nbn co’s Fair Use Policy applies to Activ8me and customers

3.1 Activ8me is obligated to comply with nbn co’s Fair Use Policy (FUP), which is available on the nbn co website. Stringent controls are in place to maintain compliance with this policy, to ensure that both our average and maximum usage requirements are met. In support of this obligation, we may place restrictions on your service at any time, with or without notice.

3.2 A breach of the FUP is a breach of this Policy, and we may take action in the same way. nbn co regularly updates the FUP and related guidance, monitoring and enforcement practices. It is not practical to advise customers of all nbn co updates, but we endeavour to provide major updates via our website or other customer communications, and to provide notice of anticipated restrictions or suspensions, where possible.

3.3 Activ8me may limit, suspend, restrict or cancel a service on an nbn co network, with or without notice, either because nbn co notifies us that the service is in breach of its FUP, or at our discretion where we determine that such a breach has occurred or is likely.

3.4 This section summarises selected FUP provisions and guidance from nbn co, current at the date of this Policy. It is not comprehensive nor kept updated for all changes.

For NBN Interim Satellite Services, usage above 50GB per month is deemed by NBN Co to constitute inappropriate or excessive use.

For SkyMuster, the nbn co FUP requires that usage adheres to the following:

• every customer’s Data Usage must not exceed 300GB in any four-week period.
• every customer’s Peak Hour Data Usage must not exceed in any four-week period – 150GB for CVC class 0; 200GB for CVC class 1; and 300GB for CVC class 2.
• RSPs must limit their average customer Peak Hour Data Usage in any four-week period to no more than 55GB of downloads and 5GB of uploads for CVC class 0; 60/6 for CVC class 2; and 65/7 for CVC class 3.

For nbn Ethernet Wireless, nbn considers upload usage in excess of 120GB per calendar month to be inappropriate or excessive usage. Also, RSPs must limit their average customer download/upload usage to 200GB/60GB per calendar month.

4. Telephony Services

4.1 This section applies to the use of telephony services such as NBN Uni-V services, VOIP services, BOS services, Phone Line services and mobile services. It applies to both Business and Personal use.

4.2 You must not use telephony Services to engage in unacceptable, excessive, or unusual use, as further detailed in the following paragraphs.

4.3 Unacceptable use occurs where there is high volume of telephony usage outside of normal usage patterns or other usage which suggests irregular network access. For example, where a call remains connected for an unusually long period of time, where an unusual pattern of calls is made in a short period of time, or where an unusually large volume of calls are made.

4.4 Excessive use is a continuing and unreasonably disproportionate use of the service when compared to other users of the same or similar service. Making outbound local and/or national calls in excess of three times the average number of calls made by other users of the service per month is considered excessive use.

4.5 Unusual use includes but is not limited to:

• Use of an automated call generation program or system
• The running of a dedicated telemarketing business or call centre function
• Re-supplying or reselling the service
• Other similar activities

4.7 If we think that your usage is excessive or unusual, we may refuse you access to the “Included calls” component of the service and may instead charge you our standard call charges for all calls.

For enquiries, please call our friendly customer support team – 13 22 88