1. ABOUT THIS POLICY
(a) This Fair Use Policy applies to all Customers who have entered into an Agreement with MOVOX Pty Ltd ABN 32 602 123 491 (“MOVOX”);
(b) All terms used in this Fair Use Policy which are not expressly defined shall have the same meaning as defined in MOVOX’s Customer Terms;
(c) We retain the right to vary the terms of this Fair Use Policy at any time and notify you by posting an updated version of the Policy on our website. The amended Policy will come into effect in accordance with Clause 2 of the Policy;
(d) As part of our aim to provide a quality service at a reasonable price to all our users, the Fair Use Policy has been implemented to ensure that each subscriber’s use of the Service:
(i) meets legal requirements;
(ii) does not unreasonably interfere with other subscribers; and
(iii) does not unreasonably impact on our ability to provide the Service.
2.1 If you are a new Customer this Policy applies immediately; and
2.2 If you are an existing Customer, this Policy applies 21 days after we send an email or SMS notifying a change to the Policy and posting the updated version of the Policy on our website.
We may require you to register with us in order to manage your account, to order and manage the services you have with us and to access certain sections of the MOVOX website.
Where you register with us, you:
(a) must not disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, nor any other confidential information relating to Services, Equipment, MOVOX’s network or systems;
(b) are responsible for maintaining the secrecy and confidentiality of all identification, passwords and access details required by the Customer to access and connect Services, Equipment and the Customers My Account portal;
(c) must not attempt to obtain unauthorised access to any system (for example, by attempting to use details to access the account of another User);
(d) are responsible for any misuse of Services or unauthorised access to your network, computers, systems or other services to carry out any unlawful activity;
(e) are liable for all Charges resulting from use of Services accessed through the Customer’s identification or log-in information, or Service registration details whether authorised by the Customer or not;
(f) must notify MOVOX immediately of any breach of this Clause 3
Our Fair Use Policy is intended to ensure that our customers do not use our Services in an excessive, unreasonable or fraudulent manner or in connection with equipment that has not been approved by us. Because of this, you must follow this Fair Use Policy when you use any of our Services:
(a) Such usage may impact the operation of our network or the quality and reliability of our Services. Generally, legitimate use of our Services for their intended purposes will not breach our Fair Use Policy.
(b) We can rely on our Fair Use Policy where we reasonably consider that you have used our Services in a way that is excessive or unreasonable (as set out below) or in the situations set out below under “Commercial use”;
(c) We can collect information and investigate whether you are complying with the Fair Use Policy. If we find that you aren’t, and you do not comply within 30 days of us telling you, we may change or suspend your Service; and
(d) The Fair Use Policy is not intended to release MOVOX from any obligation it has under any applicable legislation
4.2 Commercial use
The Services we make available to Customers are intended for their own personal and general business usage. Customers who use our services in their capacity as carriers or carriage service providers (or as a supplier to carriers or carriage service providers) must obtain services for such purposes under our wholesale terms and conditions. The following clauses are intended to ensure that this occurs:
(a) You must not resell or commercially exploit any of our services;
(b) You must not re-route call traffic in order to disguise the originating party or for the purposes of resale;
(c) You may not use our services in your capacity as a carrier or carriage service provider or as another party supplying the Services to a carrier or carriage service provider; and
(d) We can rely on our Fair Use Policy if we reasonably think that you have breached any of the previous clauses.
4.3 Residential use
Where we provide a Service for residential use only then:
(a) usage patterns that suggest non-residential, commercial, excessive or unreasonable use of the Service MOVOX may suspend the service;
(b) request that an explanation be provided surrounding these patterns of usage
MOVOX considers the use of your Service to be excessive if the volume of calls or the duration of calls is extraordinarily high or if you make or receive calls that cause significant congestion, disruption or adversely affect the MOVOX network, a supplier’s network or adversely affect another Customer’s use of or access to the Services or the MOVOX network or a supplier’s network.
If we detect usage patterns that suggest excessive use we will:
(a) request that you reduce your usage. Persistent (two or more) breaches of our Fair Use Policy may result in MOVOX terminating your service;
(b) On average, 95% of local calls made from your service last no more than an hour.
(c) we consider that using more than 2500 minutes each month on any MOVOX service is excessive use of our Services;
(d) in the case of SMS text messages, we consider that excessive use is more than 100 SMS text messages from a mobile phone each day;
(e) in the case of MMS, we consider that excessive use is MMS sent to more than 50 people each day where each MMS is sent to a mobile phone or email address.
MOVOX considers the use of your Service to be Unacceptable Use if the volume of minutes is extraordinarily high or if you make or receive calls that cause significant congestion, disruption or otherwise adversely affect the MOVOX network, a supplier’s network or adversely affect another person’s use of or access to the Services, the MOVOX network or a supplier’s network.
Other examples of Unacceptable Use of the service are:
(a) your usage of the service affects other Customers access to the network;
(b) you use a device that reroutes calls to or from MOVOX’s network or the network of another supplier;
(c) you use a device which avoids the Service Plan charges, or a device which limits the ability for other Customers to access the Service; or
(d) you are re-supplying or reselling any Service or other similar activities (unless we have given our written consent for you to use the Service in this manner).
If MOVOX detects usage patterns that suggest Unacceptable Use of the Service (subject to investigation and in MOVOX’s exclusive opinion), MOVOX will request that you reduce your usage.
Persistent (two or more) breaches of our Fair Use Policy may result in MOVOX terminating your Service.
7.1 You must not use the Service to breach any applicable criminal laws or to infringe on the rights of a third party. This includes, without limitation:
(a) fraudulent, deceptive or illegal activity;
(b) infringement of copyright, trademarks or other intellectual property rights;
(c) infringement of laws relating to censorship and classification of material;
(d) using the Service to create, forward, distribute, transmit, publish or communicate material or which is defamatory, offensive, abusive, indecent, menacing, unwanted or otherwise unlawful or unauthorised;
(e) in any way which or which may damage, interfere with or interrupt the Service, the MOVOX network or a supplier’s network used to supply the Service; or
(f) in any way that may expose MOVOX to liability
8.1 The Service is provided for the benefit of residential users and is not for commercial use or for use as a permanent connection.
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) download software or other material for sale, distribution or other non-personal use;
(c) attempt to make more than one simultaneous connection to the Service;
(d) stay connected to the Service continuously for an unreasonable amount of time;
(e) run a telemarketing business or call centre;
(f) re-supply or resell the Service
8.2 We consider your use of Services to be unacceptable use if your use of Services is considered fraudulent by MOVOX or to adversely affect the Service or another customer’s use of or access to a MOVOX Service;
8.3 Among other things “fraudulent” use includes resupplying a Service without MOVOX’s consent so that a third party may access or use the Service.
9.1 The Customer acknowledges that:
(a) When accessing the internet through using the Service and the MOVOX network there is a possibility that other parties may gain unauthorised access to:
- The Service or the MOVOX network; or
- The Customer’s equipment connected to the MOVOX network (including any software used in conjunction with such equipment); or
- The Customer’s confidential or personal information, thereby causing harm, damage or loss to the Customer
(b) The Customer agrees to bear all risks of such harm, damage or loss occurring through the Customer’s use of the Service and the MOVOX network under the Agreement.
(c) MOVOX 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 MOVOX network.
(d) MOVOX may take such action as it may deem appropriate to block access to, remove or refuse to post any content:
- in order to comply with any law or any directions of a regulator or other authority;
- that MOVOX in its sole discretion considers to be defamatory, offensive, abusive, indecent, menacing or otherwise inappropriate regardless of whether such content is unlawful; and
- agrees to indemnify MOVOX against any claims, loss, actions, damages, suits or proceedings against MOVOX arising out of or otherwise related to such activities.
9.5 You cannot use MOVOX Internet or SMS Services:
(a) in a way which results in you or us breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;
(b) in a way which results, or could result, in damage to property or injury to any person;
(c) to knowingly send e-mail that may destroy or damage an e-mail recipient’s computer;
(d) to knowingly accept email which is unlawful, and violates or infringes upon the rights of any person or corporation;
(e) to reveal confidential information about our wholesale partner and/or its suppliers which may result in unauthorised usage of the Services except where you are required by law to disclose such information;
(f) to knowingly transmit information which contains viruses or other harmful components;
(g) to interfere, damage or destroy computer systems operations of Services including disobeying any requirements, procedures, policies or regulations of our suppliers, other users or third parties;
(h) to knowingly store or transmit any unlawful, threatening defamatory, offensive or pornographic material that constitutes a criminal or civic offence under State and/or Commonwealth laws.
(i) to harass, menace or stalk people;
(j) which 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;
(k) which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;
(l) to send, display or be otherwise involved in material which is obscene or defamatory;
(m) which is, or which would be considered by a reasonable person to be, offensive or abusive;
(n) to engage in any misleading or deceptive business or marketing practice;
(o) that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
(p) which infringes our or any other person’s rights (including Intellectual Property Rights and moral rights);
(q) which constitutes a misuse of our or any other person’s confidential information or;
(r) which results in a breach by you of any obligation that you owe to any person
9.6 General matters
(a) You are not authorised to access our computer systems or networks for any purpose other than to use the Internet and/or SMS Service in accordance with this policy and your agreement with us for supply of the Internet and/or SMS Service;
(b) You must not interfere with the proper operations of the Internet and/or SMS Service or any other part of our network or system;
(c) You must not use the Internet and/or SMS Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has or may have an adverse effect on the proper operation of those newsgroups, forums and chat rooms.
The Customer must not use the Service or the MOVOX network or allow the Service or the MOVOX 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.
9.8 Spam, viruses, worms, Trojans, denial of service attacks
When using MOVOX’s network and Services you must comply with the Spam Act 2003 and Spam Regulations 2004. You must not use the Internet or SMS Services, attempt to use the Internet or SMS Services or allow the Internet or SMS Services to be used;
(a) To send, cause the sending of or otherwise be involved in the sending of SPAM or USENET SPAM; SPAM means unsolicited Bulk electronic messages of any kind (including email, fax, SMS and ICQ messages).
(b) Bulk means 20 electronic messages over a 10-minute consecutive period;
(c) USENET SPAM means excessive electronic newsgroup messages, excessive means posting the same or substantially the same message to one or more newsgroups resulting in a Breidbart Index of 20 or more. A Breidbart Index is calculated by multiplying the number of messages by the square root of the number of newsgroups that they are posted to over a consecutive 45-day period.
(d) In connection with any program (including a virus, Trojan horse, worm, cancel-bot, time bomb), or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorized control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is MOVOX’s or anyone else’s);
(e) To access or use our or anyone 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; or
(g) To manipulate or bypass our content usage limits by any means including connecting multiple modems to the Internet and/or SMS Service.
9.9 Other obligations related to SPAM and USENET SPAM
(a) You must not benefit from SPAM or USENET SPAM (which includes causing or requesting any of your details to appear in SPAM or USENET SPAM and/or receiving responses to SPAM or USENET SPAM).
(a) You must not purchase, create, use, distribute, sell or otherwise be involved in software, Internet and/or SMS Services or lists of sites, addresses, numbers or other identifiers of any kind (including email addresses and phone numbers) that are used to promote, send, or assist with the sending of SPAM or USENET SPAM.
9.10 Bulk Messages
If you send Bulk solicited electronic emails, then:
(a) You must include in each message, an email address, telephone number, facsimile number or mailing address that can be used to notify you that the recipient no longer wishes to receive such messages from you (“Opt Out Notice”); and
(b) If you are sent an opt-out notice, then you must immediately comply with the notice.
9.11 E-mail Limits
We set limits on the size of emails sent to or by you, the period for which emails messages can be stored and the maximum disk space that will be allotted on MOVOX servers for your Internet Service. These limits are set out in the Internet Service Plan associated Critical Information Summary.
We will delete any electronic mail message sent to you, by you or addressed to you if:
(a) The size of the mail message (including attachments) exceeds your mail quota;
(b) The total of your undeleted messages (including attachments) exceeds your Mail Quota; or
(c) You have not deleted the message within 180 days of it becoming available to you (whether read or unread). We recommend that you delete emails on a regular basis, as, once deleted, the message, the message will not be able to be retrieved.
(d) You will not send any electronic mail message that is sent using a (server/service) other than our SMTP server, unless we otherwise agree with you.
We will delete any electronic mail message where the message has been stored in the Deleted, Spam, or Outbox folders 7 days after the message becomes available to you or was sent by you.
If we delete any electronic mail messages under the terms of this agreement, we are not required to notify you or the sender of the mail message
Customers using the Service or the MOVOX 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.
The following activities carried out using the Service or MOVOX’s network are prohibited:
(a) Sending emails, or causing emails to be sent, to or through the MOVOX network 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 MOVOX network;
(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 MOVOX network to an open relay mail server or any other device which may allow third parties, whether connected to the MOVOX 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.
In particular, the Customer:
(a) Must not use or permit the use of the Service or the MOVOX 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 MOVOX network or any electronic email address list produced using such address-harvesting software.
The only circumstances in which the Service or the MOVOX 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 Customers website
Unless clause 6.3 (a) or (b) is complied with, the Customer must not send unsolicited bulk emails using the Service or the MOVOX 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.
10.1 If we believe on reasonable grounds that you have breached this Policy, we may take one or more of the following steps:
(a) suspend your access to the Service indefinitely or for a specific period
(b) place time or download limitations on your use of the Service;
(c) terminate your access to the Service and refuse to provide the Service to you or your associates in the future
10.2 If we reasonably believe that you are in breach of this Fair Use Policy, we can:
(a) cancel or limit your right to use a Service without telling you before we do so; and
(b) suspend or cancel your Services by telling you in writing 30 days before we do so