Acceptable Use Policy
This Acceptable Usage Policy applies to all use of the GlassTerra’s applications and services (“GlassTerra’s Services“) operated by Glass Terra Pty Ltd (Glass Terra).
All users of Glass Terra’s Services (“Users“), are required to comply with this Acceptable Usage Policy as part of their agreement with Glass Terra for the GlassTerra Services (whether under our Standard Terms or our Premium Terms).
This Acceptable Usage Policy outlines certain prohibited uses of the GlassTerra Services and the consequences which may flow from a violation of this Policy.
Glass Terra may immediately suspend, cancel or restrict the supply of the Glass Terra Services to any User if you use the Glass Terra Service, or if any person who accesses your Glass Terra Service uses the Glass Terra Service, in any way which breaches this Acceptable Use Policy.
Without limiting any other obligation in this Acceptable Usage Policy, Users must not use the GlassTerra Services, or allow the GlassTerra Services to be used:
- in a manner which causes the User to breach its Standard Terms or Premium Terms with Glass Terra, or to breach a law (including a foreign law), a code or an instrument which governs the User’s conduct;
- in a manner which could cause Glass Terra to breach, or be involved in a breach of law (including a foreign law), regulation, code or an instrument which governs Glass Terra’s conduct;
- in a manner which could result in Glass Terra incurring a liability to any person;
- in a manner which could damage or interfere (or threatens to damage or interfere) with the User’s or any Users’ service, the GlassTerra Services or Glass Terra’s equipment, or the efficiency of the Glass Terra Services or the network or equipment of another person, or the provision by Glass Terra of services to any User or another person;
- to engage in conduct or activities that Glass Terra considers could adversely affect or prejudice Glass Terra’s reputation or brand; or
- in a manner which attempts to manipulate or bypass any limitations on the User’s or any Users’ service by any means.
- in any way which makes it unsafe or which may damage any property or injure or kill any person;
- to transmit, publish or communicate any material or engage in any conduct which is defamatory, abusive, menacing or harassing;
- to engage in abusive behaviour toward our staff;
- to make inappropriate contact with children or minors;
- to access, store, reproduce, distribute, publish or commercially exploit any information or material of any kind that infringes any copyright, patent, trade mark, design or other intellectual property right;
- to send, relay or distribute any electronic data, the contents or properties of which have been manipulated for the purpose of maliciously or illegally impersonating or obscuring the original source of that data.
- to access, monitor, use or control any other person’s equipment, systems, networks or data (including usernames and passwords) or to otherwise probe, scan or test the vulnerability of any other person’s equipment, networks, systems or data, without that person’s consent;
- to access, or attempt to access, the accounts or private information of others, or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data. This does not include conducting network security testing specifically requested by the owner of the targeted network or system;
- to use or distribute software (such as password guessing programs, keyboard loggers, viruses or trojans) with the intent of compromising the security of any network or system;
- to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as ‘pyramid schemes’, ‘Ponzi schemes’, and ‘chain letters’;
- to engage in any unreasonable activity which impairs the ability of other people or systems to use the Glass Terra Services or the Internet. This includes any malicious activity resulting in an adverse effect such as denial of service attacks against another network host or individual user, flooding of a network, overloading a service, improper seizing or abuse of operator privileges, and attempts to harm a system or network. For the avoidance of doubt, this clause does not capture an activity solely because it unintentionally contributes to network congestion; or
- to access, store, reproduce, distribute or publish any content which is prohibited or unlawful under any Commonwealth, State or Territory law or classification system, or to provide unrestricted access to material that is unsuitable for minors.
VIOLATION OF ACCEPTABLE USAGE POLICY
Glass Terra is serious about ensuring the lawful and proper use of the GlassTerra Services, and in particular, working towards eliminating:
- inappropriate use of newsgroups; and
- unsolicited e-mails of an advertising or promotional nature,
from travelling through its network, whether originating from a User or otherwise. If Glass Terra, in its complete discretion, considers that this Acceptable Usage Policy has been violated in any way whatsoever, Glass Terra reserves the right to take all legal and technical steps available under the Standard Terms and/or Premium Terms including suspending or disconnecting a User’s service. Glass Terra may also take remedial action if the law or any regulator or authority requires Glass Terra to do so.
Such remedial action may include:
- immediately terminating or suspending the provision of a User’s service;
- if the User’s service involves Glass Terra publishing, hosting, linking to, or otherwise making available material or content provided or selected by the User, removing or disabling access to that material or content;
- giving a User a notice to stop the activities or conduct, or to take steps to remedy the User’s breach of this Acceptable Usage Policy;
- giving a User a warning that any further repetition of the activity or conduct will result in Glass Terra immediately terminating or suspending the provision of a service to the User; or
- reporting of the activities or conduct to relevant authorities.
Unless otherwise stated, Glass Terra’s rights to suspend, cancel or restrict the supply of the Glass Terra Service to the User applies regardless of whether the breach or suspected breach was committed intentionally, or by means not authorised by the User (such as through Trojan horses, viruses or other security breaches). Glass Terra will attempt to notify a User before Glass Terra terminates or suspends that User’s services if it is reasonably possible to do so. However, a failure to notify a User will not affect any such termination or suspension.
VIRUSES, WORMS, TROJANS, DENIAL OF SERVICE ATTACKS, ETC
As you should be aware, it is important to protect your computer and any connected networks against higher level computer programs (such as viruses, worms, trojans and other malicious programs) and lower level Denial of Service (DOS) attacks that can be distributed or propagated via the Internet, including electronic mail. It is the User’s responsibility to ensure that the User has in place appropriate protection for the User’s systems and to prevent circulation of such computer programs and attacks from the User’s computer or networks through the Glass Terra Services. Such protection methods may include firewalls, an appropriate policy regarding email attachments, the most up to date virus scanning software, etc. The User is also responsible for protecting the User’s account information and password and taking all reasonable care to prevent unauthorised access to the User’s service;
While Glass Terra makes reasonable efforts to ensure the security of its network, it cannot and does not guarantee that viruses and other detrimental programs will not be distributed via the Glass Terra Services. In accordance with the Standard Terms and the Premium Terms, Glass Terra is not liable for any degradation in the Glass Terra Services, data usage or damage suffered by any User as a result of any program received or sent by any User over the Glass Terra Services.
It is a prohibited use of the GlassTerra Services to accept, transmit or distribute unsolicited bulk e-mail of an advertising or promotional nature.
The only circumstances in which the GlassTerra Services may be used to send unsolicited e-mail of an advertising or promotional nature (otherwise known as “spam”) is where the unsolicited e-mail is sent to persons with whom the sender has a pre-existing business, professional or personal relationship or to persons who have previously indicated their consent to receive e-mail from the sender from time to time, for example by ticking a box to that effect on the User’s website. Unless these requirements are met, the User must not send unsolicited bulk e-mail with the GlassTerra Services. If these requirements are met, the User must also provide an unsubscribe function on their website (and make this function known to recipients in the relevant e-mails) which allows those recipients to elect to be removed from that mailing list.
Any User of the GlassTerra Services who intend to run an e-mail subscription service must also observe the following requirements:
- a subscriber of the subscription service must nominate their own e-mail address to the User;
- the Customer must then send an e-mail to the subscriber seeking confirmation that the subscriber wants to be added to the User’s mailing list;
- the subscriber’s e-mail address is only to be added to the User’s mailing list if the subscriber replies to the User’s request e-mail confirming that the subscriber wants to be added to the User’s mailing list;
- if the subscriber fails to reply within 14 days, the User must remove the subscriber’s e-mail address from the User’s e-mail mailing list; and
- the User’s unsubscribe function must allow for immediate removal of an e-mail address from the User’s mailing list when requested by a subscriber and for a reply confirming removal to be sent to the Subscriber.
The following activities are also prohibited uses of the GlassTerra Services:
- sending e-mail, or causing e-mail to be sent, to or through the GlassTerra Services that hides or obscures the source of the e-mail, that contains invalid or forged headers or domain names or deceptive addressing;
- receiving or collecting responses from bulk unsolicited e-mail whether the original was sent via the GlassTerra Services or not or hosting a web site to which recipients of bulk unsolicited e-mail are directed;
- relaying e-mail from a third party’s mail server without permission or which employs similar techniques to hide or obscure the source of the e-mail;
- collecting or harvesting screen names or e-mail addresses of others for the purpose of sending unsolicited e-mails or for exchange;
- sending large or numerous e-mails for the purpose of disrupting another’s computer or account;
- sending e-mail that may damage or affect the performance of the e-mail recipient’s computer;
- persistently sending e-mail without reasonable cause or for the purpose of causing annoyance, inconvenience or needless anxiety to any persons; or
- connecting to the GlassTerra Services with an open relay mail server or any other device which may allow third parties, whether connected to the GlassTerra Services or to another service provider, to use that mail server or device for the purposes of sending electronic messages, solicited or otherwise, with or without the User’s prior knowledge or consent.
The User must not use the GlassTerra Services or allow the GlassTerra Services to be used to:
- engage in mass posting of messages to newsgroups;
- post advertisements other than in newsgroups that specifically encourage or permit advertising;
- post binary files other than in newsgroups that specifically encourage or permit such postings;
- post large or numerous messages with purpose of disrupting a newsgroup; or
- send messages that contain invalid or forged headers or domain names or deceptive addressing.