Pegasus Technology Acceptable Use Policy

By using network, services and Internet connectivity supplied by Pegasus Technology and its Suppliers you agree to comply with the terms of the Pegasus Technology acceptable use policy as follows:

Purpose
1. This Acceptable Use Policy (“Policy”) sets out the rules governing the use of the Pegasus Technology network and Internet connectivity services (“Network Services”) as well as any of the data center hosted services delivered by Pegasus Technology (“Hosted Services”), collectively hereinafter referred to as “Services”. It includes the your responsibilities, unacceptable practices as well as limitations and restrictions imposed on the use of the Services Services.
2. Strict compliance with the terms of this Policy will assist to ensure you may continue to enjoy, and allow others to enjoy, optimal use of our Services.
Application
1. As a Customer of the Services, you agree that you will ensure that your employees, customer and/or end-users abide by this Policy and that you will be responsible for violations of this Policy by your customers and end-users.
2. Any failure to comply with this Policy (including by any person you allow to use your Services) may lead to the suspension or termination of the Services. The circumstances in which we may do so are set out in section 12 below.
Responsible Usage
1. You are responsible for your actions when using the Services expected to adhere to commonly accepted practices. If you act recklessly or irresponsibly in using the Services or your actions endanger any person or the integrity or security of the Pegasus Technology Network, systems or equipment, your access may be restricted, suspended or terminated, without prior notice.
2. In particular, you agree that you will not use, attempt to use or allow the Services to be used to:
  1. store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable Commonwealth, State or Territory law, or which is likely to be defamatory, offensive or obscene to a reasonable person;
  2. store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless you have a lawful right to do so;
  3. do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;
  4. do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable Commonwealth, State or Territory law or which is in breach of any code, standard or content requirement of any other competent authority;
  5. do anything, including store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing, using or enjoying the Internet, the Services, Network or systems;
  6. forge header information, email source address or other user information;
  7. access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
  8. compromise the security or integrity of any network or system including the Network;
  9. use the Services in a manner which purposely alters or forges your identity;
  10. access, download, store, send or distribute any viruses or other harmful programs or material;
  11. send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out in clause 4, or overload any network or system including the Network and systems;
  12. use another person’s name, username or password or otherwise attempt to gain access to the account of any other Customer;
  13. tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
  14. authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
Email Usage and Spam
1. In this Policy, “Spam” includes one or more unsolicited commercial electronic messages to which the Spam Act 2003 applies, and derivations of the word “Spam” have corresponding meanings.
2. The Internet Industry Codes of Practice registered with the Australian Communications and Media Authority (“ACMA”) set out how Network Services providers and email service providers, such as Pegasus Technology, must address the sources of Spam within their own networks. They also require Network Services providers and email service providers to give end-users information about how to deal with Spam, and informed choice about their filtering options.
3. Pegasus Technology prohibits the use of the Network to transmit or distribute bulk or otherwise automated email. In addition, email sent, or caused to be sent, to or through the Pegasus Technology Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit email to be sent to or through the Pegasus Technology Network is unauthorised. Similarly, email that is relayed from any third party’s mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the email, is also unauthorised. Pegasus Technology does not authorise anyone to send email or cause email to be sent through the Pegasus Technology Network that violates, this Policy, the terms of your agreement with Pegasus Technology or any terms of Pegasus Technology’s third party providers.
4. Unauthorised use of the Pegasus Technology Network in connection with the transmission of bulk email, including the transmission of counterfeit email will result in immediate suspension of Pegasus Technology services and may result in civil and criminal penalties against the sender, including those provided by the Spam Act 2003.
5. The following limitations apply to the delivery of outbound email through the Pegasus Technology Network and Pegasus Technology may, at its sole discretion, enforce any of the following policies:
  1. the Pegasus Technology Network servers will deny connections from unsecured systems contained within the customer’s environment including open relays, open proxies, open routers, or any other system that has been determined to be available for unauthorised use;
  2. the Pegasus Technology Network email servers will not accept connections from systems that use dynamically assigned, not controlled within the customer dedicated IP space or residential IP addresses;
  3. the Pegasus Technology Network will not deliver email that contains a hex-encoded Universal Resource Locator (URL). (e.g. where the URL references potential or known sites that are deemed fraudulent);
  4. the Pegasus Technology Network mail servers will not accept messages with more than 100 recipients;
  5. the Pegasus Technology Network mail servers will reject messages with attachments that exceed 100MB in accordance with our mail filtering polices; or
  6. the Pegasus Technology Network will deny connections from servers that consistently generate higher than a 10% invalid recipient rate (i.e. over 10% of a sender’s mailing list is destined for users that do not exist).
6. Any breach the restrictions contained in the above clause 4.5 may result in the termination of your Services. The circumstances in which we may do so are set out in section 12 below.
7. Filtering services are an effective means of reducing the amount of Spam you receive. However, they will not eliminate all Spam and there is a risk that legitimate email might occasionally be incorrectly classified as Spam and therefore lost.
8. You agree that you will use the Services in compliance with the Spam Act 2003 and will not engage in practices which would result in a breach of the Act. In particular, you agree that you will not use, attempt to use or allow your Services to be used to:
  1. send, allow to be sent, or assist in the sending of Spam;
  2. use or distribute any software designed to harvest email addresses;
  3. host any device or service that allows email to be sent between third parties not under your authority or control; or
  4. otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth, (your “Spam Obligations”).
9. It is a requirement that all unsolicited commercial email whose primary purpose is the advertisement or promotion of a good or service must meet certain legal requirements, including:
  1. A clear and easy to use opt-out removal process to enable recipients to opt-out of receiving further such emails. The opt-out mechanism may be a functioning email address or other Internet-based tool. All opt-outs must be honoured within ten business days of receipt;
  2. A valid physical postal address and a valid email address;
  3. Some indication that the message is an advertisement; and,
  4. The email must identify the sender and subject matter at the beginning of the email
10. In addition, you may not:
  1. Use open proxies or relays to send unsolicited commercial email;
  2. Falsify header or transmission information;
  3. Use deceptive subject headings; and
  4. Harvest email addresses without authorization of web site.
11. When obtaining email addresses from third parties, you must make sure that the individuals whose email addresses are being provided have:
  1. Been given the opportunity to have their email address removed and have not opted-out; or,
  2. Provided consent to receive solicitations from your company.
Excessive use
1. You must use your Network Services in accordance with any download or capacity limits stated in the specific plan that you subscribe to for the use of that Service. If no download or capacity limit has been applied, you agree to use the Internet for legitimate business purposes only such as web browsing and downloading business related documents. You should not use the Internet service to download or stream media or any other use that leads to intense inbound or outbound internet traffic.
2. We may limit, suspend or terminate your Network Services if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our Network or systems.
Security
1. You are responsible for maintaining the security of the Services, including protection of account details, passwords and protection against unauthorized usage of your Service by a third party. We recommend that you take appropriate security measures such as installation of a firewall and use up to date anti-virus software. You are responsible for all charges incurred by other persons who you allow to use your Network Services, including anyone to whom you have disclosed your password and account details. Pegasus Technology does offer network related security services, please contact your account manager for further information.
Copyright
1. It is your responsibility to ensure that you do not infringe the intellectual property rights of any person in relation to any material that you access or download from the Internet and copy, store, send or distribute using the Services.
2. You must not use the Services to copy, adapt, reproduce, distribute or otherwise make available to other persons any content or material (including but not limited to music files in any format) which is subject to copyright or do any other acts in relation to such copyright material which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 (Cth) or any other applicable laws.
3. You acknowledge and agree that we have the right to immediately cease hosting and to remove from our Network or systems any content upon receiving a complaint or allegation that the material infringes copyright or any other intellectual property rights of any person.
Content
1. You are responsible for determining the content and information you choose to access on the Internet when using the Services.
2. It is your responsibility to take all steps you consider necessary (including the use of filtering programs) to prevent access to offensive or obscene content on the Internet by children or minors who you allow to use the Services. You may obtain further information on content filtering products at the Internet Industry Association (IIA) website.
3. You must not use or attempt to use the Services to make inappropriate contact with children or minors who are not otherwise know to you.
4. You are responsible for any content you store, send or distribute on or via the Services and systems including, but not limited to, content you place or post on web pages, email, chat or discussion forums, bulletin boards, instant messaging, SMS and Usenet news. You must not use such services to send or distribute any content which is prohibited, deemed obscene or offensive or otherwise unlawful under any applicable Commonwealth, State or Territory law, including to send or distribute classes of restricted content to children or minors if that is prohibited or an offence under such laws.
5. Your failure to comply with these requirements may lead to immediate suspension or termination of the Services without notice. If we have reason to believe you have used the Services to access child pornography or child abuse material, we are required by law to refer the matter to the Australian Federal Police.
Data Shared with the Public
1. You, as our customer, own the content contained in the any data stored on our systems and transmitted using our Network.
2. Certain Services may include functionality that allows you to share some or all of your data with other users and the general public. If you decide to share data, you are giving certain legal rights, as outlined below, to those who have been given access to that data. As Pegasus Technology does not claim any ownership rights in your data, you acknowledge that Pegasus Technology does not have any obligation to monitor the data that is uploaded, posted, submitted, linked to or otherwise transmitted using the our Services, for any purpose and, as a result, Pegasus Technology is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the data. Therefore, you agree to waive any legal or equitable rights or remedies you have or may have against Pegasus Technology with respect thereto.
Regulatory Authorities and Compliance
1. You must label or clearly identify any content you generally make available using your Network Services in accordance with the applicable classification guidelines and National Classification Code (issued pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth)) or any industry code which applies to your use or distribution of that content.
2. Commonwealth legislation allows the ACMA to direct us to remove from our Network and servers any content which is classified, or likely to be classified, as ‘prohibited’ content. We also co-operate fully with law enforcement and security agencies, including in relation to court orders for the interception or monitoring of our Network and systems. Pegasus Technology may take these steps at any time without notice to you.
3. You must not hinder or prevent us from taking all steps necessary to comply with any direction from ACMA or any other law enforcement or security agency. You acknowledge that Pegasus Technology reserves the right to limit, suspend or terminate your Network Services if there are reasonable grounds for suspecting that you are engaging in illegal conduct or where use of your Network Services is subject to any investigation by law enforcement or regulatory authorities.
4. Pegasus Technology may deliver certain Services from facilities that operate under foreign jurisdiction. Pegasus Technology will cooperate with Australian State and Federal Law enforcement agencies (and where applicable, with their equivalent in other jurisdictions, when receiving valid legal orders, which may require Pegasus Technology to provide the contents of your private data.
Complaints
1. If you have a complaint about content accessible using the Services you may contact the ACMA by filling out an online complaint form at acma.gov.au, emailing online@acma.gov.au or faxing your complaint to the ACMA Content Assessment Hotline Manager on (02) 9334 7799. Please note that all complaints to ACMA must be in writing. You may also report a complaint about content by emailing us at helpdesk@Pegasus Technology.com.au.
2. You can report a Spam message that contains fraudulent or misleading and deceptive content (for example, email scams) to the Australian Competition and Consumer Commission (ACCC) via the ACCC website by phoning 1300 302 502 (business hours, Monday to Friday).
3. The Australian Securities and Investment Commission (ASIC) also deals with certain complaints about the contents of Spam messages, particularly with regard to fraudulent conduct by Australian businesses. The ASIC website outlines the types of complaints they deal with, and has an online complaint form: www.asic.gov.au (click on ‘Complaining About Companies or People’).
4. If you are concerned that your personal information has been misused to send you Spam, the Federal Privacy Commissioner recommends that you complain to the organisation first, especially if you know how to contact it and have had dealings with it in the past about other goods or services. If the matter is not resolved adequately, you can visit the Federal Privacy Commissioner’s website for details on how to make a complaint.
Suspension or Termination
1. Pegasus Technology reserves the right to suspend your Services if you are in breach of this Policy, provided that we will first take reasonable steps to contact you and give you the opportunity to rectify the breach within a reasonable period. What is reasonable in this context will depend on the severity of the problems being caused by the breach (for example, if you commit a serious or continuing breach, it may be reasonable to immediately suspend the Services without notice to you).
2. If we notify you of a breach of your Spam obligations, we will, at your request and to the extent we are reasonably able, supply you with information as to the nature of open relays and suggested resolutions to assist you to comply with your Spam obligations.
3. Pegasus Technology’s right to suspend the Services applies regardless of whether the breach is committed intentionally, inadvertently e.g. through misconfiguration, or by any other means not authorised by you including but not limited to through a Trojan horse or virus.
4. If the Services are suspended and the grounds upon which it was suspended are not corrected by you within seven days, we may terminate your Services. In the event your Services are terminated, Pegasus Technology will have the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in the suspension.
Changes
1. Pegasus Technology may vary this Policy at any time by posting the updated terms on this website. Your continued use of the Services after such notice will constitute acceptance of the variation.