Acceptable Use Policy

1. Introduction

This is Rivertel's Acceptable Use Policy, which forms part of Rivertel's Standard Form of Agreement or Rivertel’s Master Services Agreement (as applicable). Definitions for the terms used in this Policy are contained in Rivertel's Standard Form of Agreement or Rivertel’s Master Service Agreement (as applicable). This Policy only applies to the extent that is relevant to a Service you have acquired from us.
Our policy is to provide quality services for the family, home user and small business at reasonable prices right around Australia .
Our services are designed to be shared by members in a fair and equitable manner and not to be monopolized or abused by individuals at the expense of others.
The  Acceptable Use Policy  has been implemented to ensure that each subscriber's use of the Service:
1.    Meets legal requirements;
2.    does not unreasonably interfere with other subscribers;
3.    and does not unreasonably impact on our ability to provide the Service.
It's about being giving everybody a fair go at it and hope you understand and operate accordingly.

2. Legal translations

For legal clarification the following words have these meanings:
2.1 You means a subscriber to the Rivertel Pty Ltd service, or any person who accesses the  Rivertel Pty Ltd service using the subscriber's access details;
2.2 Policy means this document, as may be amended by Rivertel Pty Ltd from time to time on 14 days notice;
2.3 Rivertel Pty Ltd service means a service provided by Rivertel Pty Ltd, together with associated services and customer support. These services may be provided under any of our trading names, including, but not limited to, Rivertel, LoCall Australis, MyFibre, MyArmidale.
2.4 This Policy comes into effect immediately if you are a new subscriber to the Service. If any changes are made to this Rivertel Pty Ltd policy, these changes come into effect 7 days after the revised policy is posted on the Rivertel Pty Ltd website.

3 Illegal and infringing use

3.1 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:
3.1.1 fraudulent, deceptive or illegal activity, including but not limited to material that is classified or would be classified as RC or X under the National Classification Code set out in Schedule 5 of the Classification (Publications, Films and Computer Games) Act 1995 (SA), nor will you use the Services to provide unrestricted access to material that is unsuitable for minors.
3.1.2 infringement of copyright, trademarks or other intellectual property rights;
3.1.3 infringement of laws relating to censorship and classification of material;
3.1.3 using the Service to create, forward or distribute defamatory statements.
3.1.4 You will not act through the Services, or use the Services, to block or disrupt access by other users, service providers, their computers, software or hardware. Such actions include, but are not limited to attempting to gain unauthorised access to another computer system, unauthorised copying, monitoring, modification or destruction of information held on another computer system, unauthorised copying or dissemination of material protected by copyright or propagating computer viruses, worms and other types of malicious programs, probing, scanning or testing the vulnerability of a system or network, breaching any security or authentication measures for a system or network, accessing the account or private information of any other user, accessing any server in violation of any acceptable use policy of that server, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host.
3.1.5 You must not use the Services to transmit or display (nor permit any other party to use the Services to transmit or display) threatening, obscene, offensive or abusive materials, or engage in any form of harassment when using the Services (or when permitting any other party to use the Services).
3.1.6 The Services must not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.
3.1.7 You must respect the privacy of others when accessing and using the Services.
3.1.8 You must, in accessing and using the Services, only use software that you are legally entitled to use and such use must not infringe any third party intellectual property rights.
3.1.9 You must not use the Services for pyramid or other illegal soliciting schemes.
3.1.10 You must not use the Services for any fraudulent activities, including impersonating any person or entity or forging anyone else?s digital or manual signature.
3.1.11 You must not use (or attempt to use) or distribute tools designed for compromising security (such as password guessing programs, cracking tools, packet sniffers or network probing tools).

4. Inappropriate use of resources

Some or our plans are designed for domestic use and others for commercial use. We believe that it is Unreasonable Use for domestic plans to be used by businesses whose activities include heavy incoming or outgoing telephone traffic.

4.1 Spam

The following applies in relation to Spam:
In this clause, “Spam” includes one or more unsolicited commercial electronic messages with an Australian link for purposes of the Spam Act 2003, and derivations of the word “Spam” have corresponding meanings.
4.1.1 Acceptable use in relation to Spam
You may not use the Service to:
4.1.2 send, allow to be sent, or assist in the sending of Spam;
4.1.3 use or distribute any software designed to harvest email addresses; or otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth.
4.1.4 You must not allow the Service provided to you to be used to host any device or service that allows email to be sent between third parties not under your authority and control.
4.1.5 Customer to minimise risk of breach
You agree to use your reasonable best endeavours to secure any device or network within your control against being used in breach of clause 12.2 above by third parties, including where appropriate:
(a) the installation and maintenance of antivirus software;
(b) the installation and maintenance of firewall software; and
(c) the application of operating system and application software patches and updates.
4.1.6 Our right to suspend your account applies regardless of whether the open service is provided or the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.
4.1.7 Our right to scan for misconfigurations
We may scan any IP address ranges allocated to you for your use with the Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers.

4.2 Commercial & Fraudulent Use

4.2.1 Commercial use includes the following activities:
4.2.2 running a telemarketing business or call centre;
4.2.3 re-supplying or reselling the service; or
4.2.4 other similar activities.
4.2.5 We consider the use of a service to be unreasonable if you make or receive calls on our Network other than for your own personal use. We may give or withhold our consent, or make our consent subject to conditions, at our discretion.
4.2.6 We consider your use of Rivertel Pty Ltd to be  Unreasonable Use  if your use is considered fraudulent by Rivertel Pty Ltd or to adversely affect the Rivertel Pty Ltd Network or another customer's use of, or access to, a Rivertel Pty Ltd Service or Network.
4.2.7 Among other things, "fraudulent" use includes resupplying a Rivertel Pty Ltd Service without the consent of Rivertel Pty Ltd so that a third party may access or use Rivertel Pty Ltd Services or take advantage of Rivertel Pty Ltd free calls.
4.2.8 In addition, where we consider your use of Rivertel Pty Ltd free calls to be  Unreasonable Use  or that your use does not comply with the terms and conditions of the Service, then we may suspend your access to that or any other promotion or offer immediately, without notice to you.

5. Damage to Equipment

5.1 If we, or our supplier, provides you with equipment, you shall not interfere with, or cause damage to, this equipment.

6. Loss of Life or Injury

You shall not damage any property or injure (including death) any person.

7. Our Rights

7.1 We reserve the right to remove any information or materials, in whole or in part, that we, in our sole discretion, deem to be offensive, obscene, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
7.2 We are under no obligation to monitor transmissions or published content on the Services. However, we or our agents have the right to monitor such transmissions or published content from time to time.

8. In the event of a policy breach.

If Rivertel Pty Ltd believes on reasonable grounds that you have breached this Policy, Rivertel Pty Ltd may (but is not obliged to) take one or more of the following steps;
8.1 suspend your access to the Service indefinitely or for a specific period;
8.2 terminate your access to the Service and refuse to provide the Service to you or your associates in the future.