copyright notice | privacy statement | acceptable use policy

Potentially Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended).

Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended).

Service means all products and services offered by Elstar Computing from time to time, which you use;

Users means users of the Service who have not obtained it as a Customer, but via a Customer who is authorised to resell the Services such as a Elstar Computing Partner.

1. SOME GENERAL PRINCIPLES

1.1 Elstar Computing is not responsible for the content of traffic:-

(a) We exercise no supervision or control whatsoever over the content of the information passing through our network.

(b) We do not assume any responsibility for information not sent or expressly authorised by us.

(c) The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic;

(d) We accept no responsibility for the consequences of unauthorised breach of our system security such as hacking or denial of service attacks;

1.2 Your Legal Responsibilities. You can view your legal responsibilities in relation to:

(a) supervising and controlling children's access to Internet content;

(b) procedures which 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 which 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 web sites http://www.iia.net.au; or http://www.aba.gov.au.

1.3 You are responsible for use of your account. If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.

1.4 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 which apply to that network.

2. ACCEPTABLE USES

2.1 You have responsibilities. It is your responsibility for yourself and for others whom you permit or enable to use Elstar Computing's service to:

(a) use our service and services in a manner which does not violate any applicable laws or regulations;

(b) respect the conventions of the newsgroups, lists and networks that you use;

(c) respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;

(d) respect the privacy of others and to observe the provisions of Elstar Computing's privacy policy at http://www.elstar.com.au/privacy.htm

(e) use the service in a manner which does not interfere with or disrupt other network users, services or equipment;

(f) refrain from acts that waste resources or prevent other users from receiving the full benefit of our services; and

(g) comply with Elstar Computing's Terms and Conditions of supply.

2.2 Use must be ethical. Your use of our services should be ethical and in accordance with accepted community standards.

3. UNACCEPTABLE USES

3.1 You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws. You should obtain independent legal advice about your potential liability for the consequences of the publication of material on a web site or content database.

3.2 Specific kinds of use are not allowed. It is not acceptable to use our service to do any of the following ("Unacceptable Conduct"):

(a) send any unsolicited Comm messages or Comm in any form ("SPAM")

(b) violate copyright or other intellectual property rights;

(c) illegally store, use or distribute software; to transmit threatening, libellous, obscene or offensive materials;

(d) engage in electronic 'stalking' or any other form of harassment such as using abusive or aggressive language;

(e) misrepresent or defame others;

(f) commit fraud; gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;

(g) damage, modify or destroy the files, data, passwords, devices or resources of Elstar Computing, other users or third parties;

(h) engage in misleading or deceptive on-line marketing practices;

(i) conduct any business or activity or solicit the performance of any activity that is prohibited by law;

(j) make an unauthorised transmission of confidential information or material protected by trade secrets;

(k) intentionally omit, forge, delete or misrepresent transmission information including headers, return mailing addresses, Internet protocol addresses;

(l) engage in any activity intended to withhold or mask Customer's, or its if you are an authorised reseller, its User's corporate identity or contact information; or

(m) place on the Internet, obtain through the Internet or transmit using the Internet, Prohibited Content or Potentially Prohibited Content;

(n) place on the Internet, obtain through the Internet or transmit using the Internet any of the following:

(i) Content which is (or would be) classified RC or X by the Classification Board. Such content includes:

- material containing detailed instruction in crime, violence or drug use;
- child pornography;
- bestiality;
- excessively violent or sexually violent material;
- real depictions of actual sexual activity; or

(ii) Content hosted in Australia, which is classified R and not subject to a restricted access system, which complies with criteria determined by the ABA. Content classified R is not considered suitable for minors and includes:

- material containing excessive and/or strong violence or sexual violence;
- material containing implied or simulated sexual activity;
- material which deals with issues or contains depictions which require an adult perspective.

(o) attempt to do any of these things.

3.3 Disruption of the network is not allowed. In particular, for example, you must not:

(a) distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists ('spamming');

(b) send unsolicited commercial messages;

(c) propagate computer worms, viruses and other types of malicious programs;

(d) make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;

(e) harass or impersonate Elstar Computing or other users; and

(f) you may not use the service to interfere with or disrupt other network users, services or equipment.

3.4 Soliciting subscribers to other services is not allowed. It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive services.

3.5 Resale of our services is not allowed. Resale of our services to others is strictly forbidden under all circumstances unless expressly approved by Elstar Computing in writing.

4. THIRD PARTY COMPLAINT PROCESS

4.1 Elstar Computing receives from time to time complaints from third parties ("Complaints") regarding Unacceptable Conduct, allegedly being conducted by Customers or their Users. Elstar Computing will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints subject of court order or proceedings, or where Elstar Computing reasonably believes that it must take urgent action without reference to the Customer.

4.2 Elstar Computing's policy is to put the complaining party in direct contact with the party best able to answer the complaint. Therefore, Elstar Computing's Customers authorise and direct Elstar Computing to provide to third party complainants the relevant Customer's email contact details.

4.3 Elstar Computing will take the following steps to deal with third party complaints received by it in relation to a Customer or a User:

(a) First Notification:

(i) Upon receipt of first notification by a third party of alleged Unacceptable Conduct by a Customer or its User ("First Complaint"), Elstar Computing will send a letter or email to the complainant notifying it of Elstar Computing's policy and procedures in respect of the Unacceptable Conduct complained of, along with direct contact details for the Customer or its User subject of the complaint.

(b) Second Notification

(i) If a second complaint is received by Elstar Computing in respect of the same or similar Unacceptable Conduct described in the First Complaint, which indicates to Elstar Computing that the conduct complained of in the First Complaint is continuing ("Second Complaint"), Elstar Computing will send a letter or email to the Customer enclosing a copy of the Second Complaint and request a written explanation to be provided within seven business days as to the Customer's explanation for the complaint and proposed course of action to resolve it.

(ii) If a Customer fails to respond to the second notification within the period stipulated or if Elstar Computing is not satisfied with the response, Elstar Computing may (1) bill the Customer $500 for its ongoing administrative costs of the dispute; and (2) if it considers the Complaint to be material, suspend or terminate the CustomerÕs service (or the service of the User subject of the complaints) without further notice.

(c) Third Notification

(i) If Elstar Computing receives a third notification after the Second Notice, which indicates to Elstar Computing that the activity complained of in the Second Complaint is continuing, Elstar Computing will send a letter or email to the Customer ("Third Notice") and require that the activity complained of cease forthwith.

(ii) If within two business days after the date of the Third Notice the Customer has not ceased the activity or shown Elstar Computing to its satisfaction that the dispute has been resolved, Elstar Computing may without further notice to the Customer terminate or suspend provision of the Service to the Customer until further notice and bill the Customer $1,500 to cover its administrative costs of the dispute.

4.4 Your right to complain to the ABA about content. If you become aware that a Web Site hosted by Elstar Computing contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to the Australian Broadcasting Authority by contacting them at: ABA, Head Office, Level 15 Darling Park, 201 Sussex Street, Sydney NSW 2000, or through their Web Site at URL www.aba.gov.au.

5. WHAT WE MAY DO TO ENSURE THAT THIS POLICY IS BEING FOLLOWED

5.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.

5.2 If we monitor the conduct of your account we will safeguard your privacy subject to the terms of our privacy policy.

5.3 We 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 that you have not complied with this policy we may:

(a) warn you by email (but we are not obliged to do so);

(b) suspend your access to the service;

(c) terminate your account without notice; and/or

(d) notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

5.4 In the event of taking action under 5.2 we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.

5.5 We may in our absolute discretion and without notice to you suspend or terminate your access to the service:

(a) where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party's rights; and

(b) if we are directed to do so by the ABA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended).

5.6 You agree that you will have no claim against Elstar Computing in respect of any action reasonably taken by Elstar Computing in its implementation of the terms of this Acceptable Use Policy, and you indemnify Elstar Computing against any claim by a User arising out of the same.