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Policy Notices
Acceptable Use Policy (AUP)
1. INTRODUCTION
1.1 This Acceptable Use Policy applies to your use of the
CyberOne Internet and Telephony Service (“the Service”).
1.2 This Acceptable Use Policy forms part of your agreement with us for the Service.
1.3 We may change this Acceptable Use Policy, as set out in the "Changes" section of the
"Client Service Agreement", upon 30 days notice to you in writing.
2.GENERAL OBLIGATIONS
2.1 You must use the Service in a responsible manner, taking into account the effects your use of the
Service may have on other users and the network.
2.2 You must not use the Service, or allow anyone else to use the Service:
(a) for any unlawful, illegal, malicious or improper purpose;
(b) to knowingly transmit a computer virus or other malicious computer program;
(c) in any way which interferes with its availability for other users or otherwise interferes in the proper operation of the Service;
(d) to access or damage another’s computer system without permission;
(e) to infringe other’s intellectual property rights;
(f) to disclose private or confidential information of another;
(g) to store, publish, display, distribute or post material that is obscene, offensive, defamatory,
abusive or that violates any law or regulation;
(h) to enable a minor to access material inappropriate for a minor;
(i) to harass or menace any person;
(j) to engage in misleading or deceptive marketing practices, or to promote, or conduct, a business that is illegal.
(k) to breach any laws or infringe any third party rights (including without limitation, copyright) or to
breach any standards, content requirements or codes promulgated by
any relevant authority or industry body; or
(l) to attempt to do any of the forgoing.
2.3 You must not resell the Service or any of its components or content provided via the Service.
2.4 While using the Service, you must not impersonate another person.
3. EMAIL
3.1 In addition, in relation to email, (unless explicitly allowed in subscribed email service description)
you must not use the Service to:
(a) send emails which, including attachments, exceed 10 Megabytes;
(b) send an email to more than 25 single recipients at the one time; or
(c) send more than a total of 50 emails per 15 minute period.
(d) send e-mails which when multiplied out by the number of recipients exceed 100 Megabytes per 15 minutes
(e) send bulk or unsolicited email to others;
(f) send email that hides or obscures the source of the email you send, that contains invalid or
forged headers or domain names or deceptive addressing;
(g) receive responses from bulk unsolicited email where the original was
distributed by you, even if not via the Service;
(h) relay email from a third party’s mail server without permission;
(i) collect or harvest screen names or email addresses of others for the
purpose of sending unsolicited emails or for exchange;
(j) send large or numerous emails with the purpose of disrupting another’s computer or account;
(k) send email that may damage or affect the performance of the email recipient’s computer; or
(l) persistently send email without reasonable cause or for the purpose
of causing annoyance, inconvenience or needless anxiety to any person.
4. NEWSGROUPS
4.1 In addition, in relation to Usenet newsgroups, you must not use the Service to:
(a) engage in mass posting of messages or the posting of messages to inappropriate 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 the purpose of disrupting a newsgroup; or
(e) send messages that contain invalid or forged headers or domain names or deceptive
addressing.
4.2 What constitutes appropriate Usenet newsgroups and appropriate advertising venues will be determined by us.
5. TELEPHONY (PSTN, VOIP, MOBILE)
5.1 You may not make calls for the purpose of causing annoyance, inconvenience or needless anxiety to any person.
5.2 Where your Service offering provides for free, untimed, local and/or national calls, and we think your call pattern shows
an Excessive Use we may refuse you access to this offer and charge you our Standard Rates for calls made, as per below schedule:
(a) Local Calls: 18.5c
(b) National (STD) calls: 18.5c/minute with 35c call connection charge
5.3 'Excessive Use' definition for the purpose of clause 5.2 above is:
(a) A continuing and unreasonably disproportionate use of the Service when compared to other users; or
(b) Free calls in excess of THREE times the number of calls, or THREE times total length of calls, per Service per month,
averaged across customers on the same Service; or
(c) Use of the Service for business purpose where Service is strictly defined as for domestic/residential/home use only; or
(d) Use of the Service to make calls on our Network other than for your own personal use; or
(e) use of the Service for the purpose of re-supplying or reselling the Service; or
(f) If your use of the Service is considered fraudulent by CyberOne or it adversely affect the CyberOne Network or another customer's use of,
or access to, a CyberOne Service or Network.
5.4 If we think your usage pattern shows an Excessive Use, as defined in point 5.3, we will perform the following steps:
(a) We may contact you and discuss your usage pattern. Where once-off peak in usage occurs and it is not expected to continue, we will not take any action.
(b) If the excessive usage continues, we may contact you again to discuss an alternative plan; or
(c) The Service offer will be withdrawn and calls will be charged at rates defined in 5.2(a) and 5.2(b)
6. INTERNET ACCESS SERVICE
6.1 You may not connect a local area network to the Service unless Service offering provides for such option.
6.2 Where our Service offering provides an option to acquire multiple simultaneous user rights for an additional
fee and you select this option, then you may connect the number of multiple users to the
Service as authorised under this offering, provided that you pay us the additional fee in respect of all such users.
6.3 Where our Service offering is is provided for the benefit of residential users you must not:
(a) use software (such as automated agents) to maintain a connection or to reconnect when you are not personally using such connection;
(b) attempt to make more than one simultaneous connection to the Service;
(c) stay connected to the Service continuously for an unreasonable amount of time (as set out in the
Dialup Accounts – Fair Use Policy); or
(d) download or upload an unreasonable volume of data (as described in clause 6.6 below), given the purposes for which the
Service is provided to you and the usage patterns of other users (for example, downloading gigabytes of data in a short period).
6.4 CyberOne reserves the right to disconnect or separate into a separate pool the users that stay
connected to the Service continuously for an unreasonable amount of time (as set out in the
DialupAccounts – Fair Use Policy), or download or upload an unreasonable volume of data
(as described in clause 6.6 below).
6.5 The reasonableness of the time you stay connected or the volume of data you download or upload
is directly related to the fee plan you have entered into for the Service. If your plan is described
as “unlimited”, then this means that you may download or upload unlimited amounts of data,
however, if your downloads or uploads are unreasonably large, taking into account your previous usage patterns
and that of other users and the definition of unreasonable downloads in clause 6.6, CyberOne may shape (slow down)
your downloads or uploads so that other users are not adversely affected.
6.6 Cyberone uses the following definition of unreasonable downloads or uploads in determining whether to
shape (slow down) your data downloads and uploads:
" excessive use of an Individual Service means where more than 30Gbytes is downloaded or uploaded within the period of one month."
Last updated 01 June 2009
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