This Usage Policy applies to all Customers of destra Business.
It supplements and forms part of our General Terms and Conditions which
you must sign before you become entitled to use our infrastructure,
network and systems for communications and hosting services
(“Services”).
The purpose of this Policy is to ensure that you understand that you
must use the Services in a way which does not:
breach any laws, hinder the efficient operation of the destra Business
network, or interfere with the rights of other Customers and more
generally users of the internet.
We may from time to time amend this Usage Policy. Your use of our
Services after any amendments or revisions have been posted on our
website will constitute your acceptance of the amended Usage Policy.
Responsibilities of Customers
You must:
Use our Services in a manner which complies with all relevant laws,
whether Federal, State or International;
Be solely responsible for disseminating or posting content through
the Services or publishing on the web pages of your site, including
obtaining legal permission to use any works included in such content
and/or web pages;
Respect the legal protection afforded by copyright, trade mark, patent
and other laws protecting intellectual property rights in material,
including content and software applications, accessible through the
Internet;
Respect the privacy of others; and
Use our Services in a manner which does not interfere with or disrupt
our Services or other Internet users.
Unacceptable Usage
You must not use our Services to:
Violate anyone’s copyright or intellectual property rights;
Publish or transmit defamatory, obscene, threatening, abusive or
offensive material or content which breaches the ratings of the
Classification Board;
Facilitate or engage in “spamming” which we regard as unsolicited
broadcast or commercial email sent to recipients who do not
affirmatively and verifiably request the material;
Create or propagate Internet viruses, worms and other types of
malicious programs;
Facilitate or engage in “Hacking” which we regard as including
gaining illegal or unauthorised access to any computers, accounts or
networks accessible through the internet;
Misrepresent transmission information by forging, deleting or
altering message headers, return mail information and/or Internet
Protocol addresses in order to conceal or misidentify the origin of a
message;
Interfere with, disrupt or threaten to interfere with or disrupt our
Services and/or the ability of our customers or any of them to use the
Services; or
Breach any relevant law, Federal, State or International.
Breach of Usage Policy
We exercise no direct supervision or control whatsoever of content
and software transmitted through our network or hosted on our
infrastructure, and we do not monitor your websites or activities to
determine whether they fail to comply with this Usage Policy.
If, however, we become aware of any breach or threatened breach of
this Usage Policy, we may take whatever action we deem necessary, in our
sole discretion and without notice to you, to correct such breach or
threatened breach, including:
Shutting down a website;
Suspending or denying access to the Services or to the Internet on a
temporary or permanent basis; and/or
Deleting or removing content or software stored on our
infrastructure.
In certain circumstances we can be required to remove content from
our network infrastructure by third parties, including on receipt of a
Take Down Notice under the Copyright Act of 1968 (as
amended)(Commonwealth of Australia).
In all cases you will indemnify us against, and we will not be held
liable for, any loss or damage which you may suffer through the
suspension, unavailability or removal of the Services or which we may
suffer where your use of the services causes loss or damage to a third
party.
Disclosure of Information
You should be aware that we may disclose information relating to you
and your use of the Services, including website activity and Internet
transmissions, in order to comply with any court order, subpoena,
summons, discovery request or order made by any competent court or any
warrant or request of any authorised government agency.
Cooperation in Investigating Breaches of this Usage Policy
We reserve the right to investigate suspected violations of this
Usage Policy, including the gathering of information from users involved
and from complainants, as well as examination of materials and content
which may have been stored on or transmitted through our network.
In investigating breaches of this Policy, you authorise us to cooperate
with law enforcement authorities and other regulators as well as other
systems administrators at other Internet and carriage service providers.
