Acceptable Use Policy

1. This AUP Binds You
2. Purpose
3. Application
4. Responsible Usage
5. Responsible Resource Usage
6. Security
7. Copyright
8. Regulatory Authorities
9. Investigation by Authorities
10. General

1. This AUP binds You

Please read this document carefully before accessing Unwired's network. By using any of the Unwired Business Services You agree to be bound by the terms and conditions of this AUP. If You do not wish to be bound by these terms and conditions, You may not access Unwired's network or systems. By accessing Unwired's network You agree to be bound by the terms and conditions of this AUP.

2. Purpose

This document constitutes the Acceptable Use Policy (AUP) referred to in Your agreement with Unwired.

This document describes the rules that Unwired uses in providing services to its customers via its network and systems including the Unwired Business Services (Services) and the rules to which Unwired customers including You must adhere in order to continue to enjoy and allow others to enjoy optimum use of the Services.

3. Application

This AUP is applicable to all Unwired customers (which term includes the customers of such customers, if any) use of the Internet. Breach of this AUP by any Unwired customer is strictly prohibited and may lead to the suspension or termination of the customer's service or any part of it, without notice.

4. Responsible Usage

You are responsible for Your actions on the Unwired Network that You access in using the Services. You must comply with all rules, regulations and acceptable usage policies that are in force for each system You access. If You act recklessly, irresponsibly or Your actions endanger Unwired's network or systems, Your access may be terminated or suspended at any time by Unwired without notice to You (You will, however, be notified of termination or any suspension as soon as practicable).

In particular, You agree that while using the Services, You will not and will not permit Your End Users to:

• store, send or distribute material which is obscene, indecent, pornographic or confidential or material that could give rise civil or criminal proceedings;

• do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends or violates the privacy of any person;
• do anything, including store, send or distribute material, of an illegal or fraudulent nature, including activities prohibited under any applicable State or Commonwealth law;
• do anything, including store, send or distribute material which interferes with other users or restricts any person or which inhibits any other user from enjoying the Services, the internet and Unwired's network and systems;
• forge header information, email source address or other user information;
• breach any laws, codes, standards and content requirements of any relevant authority;
• 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;
• compromise the security or integrity of any network or system;
• place any viruses or other similar programs on the Service or the internet;
• distribute unsolicited advertising or spamming or overload any network or system;
• use another person's name, username or password or otherwise attempt to gain access to the account of any other Unwired customer;
• tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
• attempt any of the above acts or permit another person to do any of the above.

5. Responsible Resource Usage

Unwired requires You and Your End Users to act responsibly in Your use of resources on Unwired's network and systems. If You or any of Your End Users uses unreasonably excessive resources on Unwired's network and systems, whether deliberately or not, Your or Your End Users' access may be terminated or suspended at any time by Unwired without notice to You (You will, however, be notified of termination or any suspension as soon as practicable).

6. Security

You are responsible for maintaining the security of Your internet service, including protection of account details and passwords if required. You indemnify Unwired and its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to Your use of the Services, including unauthorised usage of Your service by a third party, up until the time You notify Unwired of unauthorised access.

7. Copyright

Unwired does not monitor or control the content and information accessed via the Services. Unwired Business Services provide access only. Unwired shall not be held responsible in any way for the content of the information accessed or offered for public access via the Services.

It is Yours and Your End Users' (if any) responsibility to avoid whatever is found to be offensive or obscene on any system or the internet. You and/or Your End Users will be responsible for any material You or Your End Users place on or transmit via Unwired's network and systems, and for any statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and bulletin boards.

Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material.

8. Regulatory Authorities

Commonwealth legislation allows the Australian Communications and Media Authority ("ACMA") to direct Unwired to attend to certain matters including removal of prohibited internet content from its servers or prevent users from accessing certain internet content. You agree that Unwired may take any necessary steps in order to comply with any relevant industry code of practice or direction from the ACMA or other regulatory authority. Unwired may take these steps at any time without notice to You.

9. Investigation by Authorities

Unwired reserves the right to act in any manner it deems appropriate where there are reasonable grounds for suspecting that illegal or unacceptable use of the Unwired network or its Services is occurring. Unwired will co-operate fully with Commonwealth and State Police and other bodies investigating unlawful behaviour occurring on or via its network. Unwired reserves the right to suspend Your access to the Services if Your usage of its network or systems is subject to any such investigation.

10. General

• Complaints
  To report a violation of this AUP please send details, including any documentation, article or e-mail to support@unwiredbusiness.com.au.  Unwired does not undertake to take any action following receipt of such a report or to respond to it.
• Suspension or Termination
  Unwired reserves the right to suspend or terminate Your service without refund should You or Your customers breach, or assist, abet encourage or incite another party to breach, this AUP.
• Indemnity
  You indemnify Unwired and its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses directly or indirectly suffered or incurred by Unwired (including as a result of a claim by a third party) resulting from:
  (i)  any breach of this AUP; and/or
  (ii) any other use or misuse of the Services by You or any other person using Your Services.
• General
  Disclaimer of Liability
  Unwired disclaims all liability for or in relation to any loss or damage incurred by You or its equipment in any way through or in relation to the use of the services or the suspension or termination of the Services by Unwired pursuant to Your agreement with Unwired or this AUP.  This disclaimer of liability is in addition to and does not supersede, limit or replace any other applicable limitation of liability in any Unwired terms and conditions or other agreement.
• Waiver
  If Unwired does not act in relation to a breach by You of this AUP, this does not waive Unwired's right to act with respect to that or any subsequent breach.
• Changes
  Unwired may vary this AUP at any time.  Unwired will post the revised AUP on Our website.  Your continued use after such posting will constitute acceptance of the variation.  Unwired may also give notice to You of a variation of this AUP by email to the email address notified by You or by or any other means Unwired deems appropriate.