1. Obligations
   
   This Policy applies to all customers and users who acquire Communication Services from CommsOnline. Your obligation to comply with this Policy includes your obligation to ensure any person who you allow to use your CommsOnline Services also complies with this Policy.
    
2. Amendments
   
   CommsOnline may vary this Policy by giving you notice by email to the email address nominated by you or otherwise in accordance with the notice provisions of your service agreement with us. Your continued use of your Service after such notice will constitute acceptance of the variation.
    
3. Security
   
   You are responsible for maintaining the security of your CommsOnline Service, including protection of account details, passwords and protection against unauthorized usage of your Service by a third party. You are responsible for all charges incurred by other persons who you allow to use your Service, including anyone to whom you have disclosed your password and account details.
   
   Failure to comply with this Policy (including by any person you allow to use your CommsOnline Service) may lead to the suspension or termination of your Service. 

USER RESPONSIBILITIES  

1. Responsible Usage
   
   In using any of our Services you are responsible for your actions and the actions of anyone you have authorised to use our Services through your account. You are responsible for all charges incurred from the use of your account. If you act recklessly or irresponsibly in your use of our Services or your actions endanger any person or the integrity or security of our network, systems or equipment, your access may be restricted, suspended or terminated, without prior notice. You agree that you will not use, attempt to use or allow your CommsOnline Services to be used to:
   
   • 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 offensive or obscene to a reasonable person;
    
   • 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;
    
   • 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;
    
   • 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;
     
   • do anything, including store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing or using any CommsOnline Services;
    
   • store, send or distribute any viruses or other harmful programs or material;
    
   • send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out in clause 4 of this Policy, or overload any network or system including our network and systems;
    
   • use another person's name, username or password or otherwise attempt to gain access to the account of any other Customer;
    
   • authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
    
   • in the case of unlimited plans, excessively use the Service 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.
    
2. Spam
   
   In this Policy, “Spam” includes one or more unsolicited messages with an Australian link for purposes of the Spam Act 2003, and derivations of the word “Spam” have corresponding meanings.
   
   This Policy prohibits you from using your CommsOnline Service to send Spam. If you breach this prohibition, CommsOnline may suspend or terminate your Service. The circumstances by which we may do so are set out in section 7 below.
   
   You agree that you will use your CommsOnline Service 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 CommsOnline Service to be used to:
   
   • send, allow to be sent, or assist in the sending of Spam;
   • breach, in any way, the provisions specified in the Spam Act 2003
   
   For further information regarding your obligations to the Spam Act 2003 visit
   http://www.dcita.gov.au/communications_and_technology/policy_and_legislation/spam
    
3. Copyright
   
   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 copy, store, send or distribute using your CommsOnline Service.
   
   You must not use your Service 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.
   
   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.
    
4. Suspension or Termination
   
   CommsOnline reserves the right to suspend your Service 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 your Service without notice to you).
   
   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.
   
   Our right to suspend your Service applies regardless of whether the breach is committed intentionally, through misconfiguration, or by other means not authorised by you.
   
   We may limit, suspend or terminate your CommsOnline Service if you 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.
   
   If your Service is suspended and the grounds upon which it was suspended are not corrected by you within seven days, we may terminate your Service. In the event your Service is terminated, you may apply for a pro rata refund of any pre-paid charges for your Service, but we will have the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in the suspension.