Acceptable Use Policy

This policy describes the guidelines that EscapeNet uses in providing services to its clients and our client's obligations, our rights, reporting violations of this policy and security information. Definitions for terms used in this policy can be found in the definitions section of our Customer Terms.


Application

A breach of any of the Terms and Conditions of this policy by you is strictly prohibited and may lead to the suspension or termination of your service. You must take responsibility for distribution, publication and enforcement of the EscapeNet Acceptable Use Policy at your site(s).


Prohibited Use

  1. Our Services may only be used for lawful and authorised purposes.
  2. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.
  3. Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of EscapeNet or any computer system or network that is accessed by our Services, may result in the suspension or termination of access.
  4. Unauthorised activities include guessing or using passwords other than your own, accessing information that does not have public permission and accessing any system on which you are not welcome.
  5. Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access.
  6. Disruptions include distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of, information or software which contains, computer worms, "trojan horses", viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via EscapeNet, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings.

Spam

In this policy Spam is considered one or more unsolicited electronic messages with an Australian link as described in the Spam Act 2003.

  1. You are not permitted to use EscapeNet's Services to send, assist in sending or allow to send Spam.
  2. You are not permitted to use or distribute software that is designed to harvest email addresses.
  3. You are not permitted to knowingly or unknowingly breach the Spam Act 2003 or the Spam Regulations 2004 (Cth).
  4. You are not permitted to allow the service provided to you to host any device or service that allows email to be sent to third parties.
  5. We reserve the right to suspend, cancel or terminate your service regardless of whether the breach was committed intentionally or not.
  6. We may scan any IP address allocated to you in order to detect misconfigurations on mail and proxy servers.
  7. You will be held liable for, and hereby indemnifie EscapeNet for, all costs and damages, attributable to your unauthorised activities or disruptions.
  8. You must not use, or allow any other person to use, our network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth), the Crimes Act 1958 or under other applicable state and/or Commonwealth Laws.
  9. It is your responsibility not to store on any EscapeNet system, transfer or cause to be transferred over the EscapeNet network, reproduce or make available for distribution through the EscapeNet network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968.
  10. We do not and cannot monitor or control the content and information accessed via any of Our Services; EscapeNet only provides access.
  11. We shall not be held responsible in any way for the content of the information accessed via EscapeNet or offered for public access via EscapeNet.
  12. It is your responsibility to avoid whatever is found to be offensive or obscene on any system or network.
  13. You must take responsibility for and indemnify EscapeNet against any costs, loss or damage that we may suffer as a result of material placed on our network and systems, and the statements made in mediums including web pages, e-mail, chat or discussion forums and Usenet news.
  14. Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material including material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995. Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your services.

Enforcement of this Policy

  1. We reserve the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the EscapeNet network and systems is occurring. This action may involve removing information we consider to be offensive, abusive, and inappropriate whether or not it is considered as unlawful.
  2. We reserve the right to suspend, cancel or terminate your services if you breach this Acceptable Use Policy
  3. EscapeNet co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via its network or systems.

Reporting Violations of this Policy

To report a violation of EscapeNet's Acceptable Use Policy, please send details, including any documentation, article or email to abuse@esc.net.au.

Version 3.0 25/3/2014