Acceptable Use Policy

Ingenuity Hosting Pty Ltd (ABN: 59 105 368 054)

1. Introduction

1.1 This Acceptable Use Policy applies to all Ingenuity Hosting Pty Ltd ("Ingenuity", "we", "us", or "our") Customers ("you" or "your") and users and describes activities that are not allowed on the Ingenuity network when using our Services ("the Service"). This Acceptable Use Policy is part of your agreement with Ingenuity and we may suspend or terminate your Services for violation of this Acceptable Use Policy.

2. Some General Principles

2.1 Further to the uses outlined in Ingenuity’s Acceptable Use Policy, you must also comply with all other applicable laws and regulations and with general standards of behaviour for the Internet.

As such, you should familiarise yourself with your legal responsibilities. You can view your legal responsibilities in relation to:

a) supervising and controlling children's access to internet content;
b) procedures that parents can implement to control children's access to internet content, including availability, use and appropriate application of internet content filtering software; and
c) obligations that may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation, at either of the following websites: http://www.iia.net.au; or http://www.acma.gov.au.

2.2 You are responsible for complying with conditions of use of other networks. If we provide you with access to a network outside our Service you must comply with any acceptable use conditions that apply to that network.

3. Amendments

3.1 The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, Ingenuity may from time to time amend this Acceptable Use Policy and it is the obligation of the user to review this page for any amendments to this policy.

4. Unacceptable Uses

4.1 You agree not use Ingenuity’s Services, attempt to use Ingenuity’s Services or allow the Service to be used in any of the following unacceptable ways including, but not limited to:

Illegal Activity

a) That results, or could result, in you or Ingenuity engaging in, or being involved in any illegal activity. This includes, but is not limited to, breaking any law, order or regulation of any jurisdiction (including the Australian Broadcasting Services Act)
b) States or implies an affiliation with, or sponsorship or support of any prohibited content or activity
c) To engage in any misleading or deceptive business or marketing practice, including, but not limited to, promoting illegal pyramid schemes, chain letters and unlawful gambling or gaming activities
d) Constitutes unfair competition.

Damage, Injury or Harm

a) That results, or could result, in injury or harm to any person or thing
b) That results, or could result, in damage to any public or personal property
c) Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or is likely to cause or encourage public disorder
d) Is excessively violent, incites or encourages violence, threatens violence, or contains harassing content or hate speech
e) To harass, bully, menace or stalk people.

Prohibited/ Restricted Content and Protection of Minors

a) To place on, or transmit via the internet, any content that is (or would be) classified RC or X18+ by the Australian Broadcasting Classification Board. This includes content that may contain detailed instruction in crime; child pornography; implied or actual sexual activity
b) To provide content that is likely to be considered unsuitable for minors without using appropriate warnings and/or labelling systems for that content
c) That enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you.

Discrimination

a) That incites discrimination, encourages hatred or adversely affects the equal opportunities in any way, including by way of sex, race, age, colour, religion, nationality, national origin or ethnicity and/or denounces ones political or religious beliefs.

Abusive, Offensive, Obscene or defamatory

a) To send, display or be otherwise involved in material that is obscene or defamatory; or violates a person's privacy or any right of publicity
b) That is, or that would be considered by a reasonable person to be, malicious, fraudulent, abusive, menacing, misleading, vulgar, morally repugnant, of doubtful propriety, or may to result in retaliation against Ingenuity by offended viewers
c) Improperly exposes trade secrets, intellectual property or other confidential or proprietary information of another person, business, corporation or company
d) May adversely affect Ingenuity's commercial reputation or goodwill.

Abuse of Ingenuity’s Systems, Network or Infrastructure

a) Undertake any conduct or activity that unreasonably interferes with any other customers' use of Ingenuity’s Services
b) Attempt to gain or provide unauthorised access to, or use of data, Services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorisation
c) Make or receive transmissions, or attempt to store data of any type or quantity that adversely affects Ingenuity’s operation or impedes the performance or use of Ingenuity Services
d) Undertake acts that waste resources or prevent other users from receiving the full benefit of Ingenuity’s Services
e) Collecting information by deceit, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, phishing, security hole scanning, and port scanning
f) Use of any false, misleading or deceptive TCP-IP packet header or any part of the header information in an email or a newsgroup posting
g) Use of any Ingenuity Services to distribute software that covertly gathers information about a user or covertly transmits information about the user
h) Any activity or conduct that is likely to result in retaliation against Ingenuity’s network
i) The omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses, or any activity intended to withhold or cloak identity or contact information.

5. Bulk Commercial Email, Unsolicited Email and Spam

5.1 You must not use Ingenuity Services, attempt to use Ingenuity Services or allow Ingenuity Services to be used for any inappropriate purpose including, but not limited to:

a) To send any unsolicited email, whether commercial or non-commercial in nature, to any person who has indicated that they do not wish to receive it unless otherwise allowed by law
b) To send, cause the sending of or otherwise be involved in the sending of ‘Spam’ as defined in the Australian Communications and Media Authority ("ACMA") Telecommunications Act 1997 (incorporating the Spam (Consequential Amendments) Act 2003)
c) Provide any capability on an Ingenuity-hosted site or server that permits third parties to send Spam from the Ingenuity network
d) In connection with any program (including, but not limited to, a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of Service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data belongs to Ingenuity or anyone else)
e) To access or use Ingenuity's or any one else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data
f) To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you
g) Send electronic chain letters
h) To manipulate or bypass Ingenuity's content usage limits or quotas
i) Send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list
j) Undertake activities that cause or may cause third party service providers to place any Ingenuity managed internet protocol (IP) addresses on a blacklist and/or block those IP addresses
k) Distribute messages to inappropriate, unsolicited or unrelated forums, newsgroups or mailing lists.

5.2 Ingenuity promotes the prevention of spam and as such uses spam and virus filters across the Ingenuity network. We encourage our customers to also use spam and virus filters as well as offering guidance and assistance on ways to manage spam.

5.3 By using Ingenuity’s Services, you agree to Ingenuity's use of spam and virus filters that may require us to use third party equipment or Services to monitor and filter email traffic between our equipment and the Internet. As such, Ingenuity will not be liable for any loss or damage resulting from the use of spam or virus filters.

5.4 If you wish to engage in the distribution of bulk commercial email, you must obtain Ingenuity’s advance approval. Approval will not be granted unless you are able to demonstrate the following to our reasonable satisfaction:

a) You have complied with the requirements of the Australian Communications and Media Authority ("ACMA") Telecommunications Act 1997 incorporating the Spam (Consequential Amendments) Act 2003
b) Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure
c) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for that the consent is given
d) You retain evidence of the recipient's consent in a form that may be promptly produced within 72 hours if it is believed that unsolicited emails may have been distributed
e) You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line and such revocations of consent are implemented within 72 hours after receiving the recipient's revocation of consent
f) You must have a Privacy Policy posted for each domain associated with the mailing;
g) You have the means to track anonymous complaints
h) You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the "To" line of the email
i) We may test and monitor your compliance with these requirements, including requesting opt-in information from a random sample of your list at any time and you shall undertake to provide all supporting information upon our requests.

6. Intellectual Property and Other Proprietary Rights

6.1 You may not use Ingenuity Services in a manner that infringes on or misappropriate the rights of a third party in any work protected by copyright, trade or service mark, patent, invention, or other intellectual property or proprietary information. For example:

a) You may not use Ingenuity Services to download, publish, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner
b) You may not use Ingenuity Services to publish content intended to assist others in defeating or bypassing technical copyright protections
c) You may not display another person's trademark without permission
d) You may not use Ingenuity Services to publish another person's trade secrets, or to publish information in violation of a duty of confidentiality.

7. Security

7.1 You must take reasonable security precautions, including, without limitation:

a) You must comply with best business practices for password security
b) You must scan all materials stored on or transmitted via Ingenuity Services for viruses, worms, Trojan horses and other malicious code using a commercially recognized and up-to-date scanning program or service. You must remove or quarantine any content that is corrupted with malicious code immediately upon discovery
c) You are responsible for violations of this Acceptable Use Policy by anyone using our Services in both an authorised or unauthorised capacity as a result of your failure to use reasonable security precautions.

8. Cooperation with Investigations and Legal Proceedings

8.1 Ingenuity may monitor any content or traffic transmitted via our network or through the use of our Services as part of an investigation of a suspected Acceptable Use Policy violation.

8.2 Ingenuity may cooperate with and permit any relevant authority to inspect your content or traffic if we are legally required to do so.

9. Consequences of Acceptable Use Policy Breach

9.1 Ingenuity may monitor your account in relation to the Service and/or the conduct of your account in relation to the Service to determine whether this policy is being followed. Ingenuity will use reasonable endeavours to respect your privacy in the event of any monitoring.

9.2 If we monitor the conduct of your account we will use reasonable endeavours to safeguard your privacy subject to the terms of our Privacy Policy.

9.3 Ingenuity may suspend or terminate your account and/or notify the authorities if we believe that your use of the Service may break the law or be in violation of this policy. In such circumstances, we may take such actions as:

a) Provide warning via phone or email (but we are not obliged to do so)
b) Suspend your access to the Service
c) Block network traffic that is in breach of this Acceptable Use Policy
d) Terminate your account in relation to the Service without notice
e) Notify and provide relevant information to the authorities, as appropriate under the given circumstances.

9.4 In the event of taking action under 8.3 we reserve the right to delete any or all of your data, information, material, software or other content stored on our system at our sole discretion.

9.5 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service including, but not limited to the following circumstances:

a) Where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that your data is illegal, offensive, objectionable or in breach of a third party's rights
b) If we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended)
c) If we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).

9.6 In addition to any other remedy we may have, you agree to pay for any of our associated time at our standard hourly rate and to reimburse any associated legal costs and expenses incurred by us, and the cost of any incidental equipment and material utilised by us to conduct any of the following tasks, without limitation:

a) Perform further investigation or otherwise respond to any suspected violation of this Acceptable Use Policy
b) Remedy any harm caused to us, the Ingenuity network, servers, systems or any of our customers by the misuse of the Services in violation of this Acceptable Use Policy
c) Respond to complaints regarding the violation
d) Have our Internet Protocol numbers removed from any "blacklist".

9.7 You agree that you will have no claim against Ingenuity in respect of any action reasonably taken by Ingenuity in its implementation of the terms of this Acceptable Use Policy, and you indemnify Ingenuity against any claim by you or any user arising out of the same.

9.8 No credit will be available under your Ingenuity Service Level Agreement for interruptions of Service resulting from an Acceptable Use Policy violation.