Introduction
By choosing a plan, signing up and using our service you accept this Acceptable Use Policy (AUP) just as if you had actually signed a piece of paper saying so.
In the AUP 'you' and 'your' mean the service user (that's you). 'We', 'our' and 'us' mean vividwireless Pty Limited. 'Our services' means the wireless broadband access service that we have agreed to provide to you. If you have a phone service from us as well, a separate Fair Use Policy applies to that service.
When you signed up you also accepted our Terms and Conditions (either verbally or via online), which contain definitions of some of the terms used here. Please make sure that you read them, as they also contain some terms about usage. If you have any doubts or questions about usage or how we manage our network please go to the FAQs.
If in our opinion you breach the AUP we may suspend or terminate your service. We will let you know if we do. If we terminate your services and you have agreed to a fixed contract term you will have to pay the applicable early termination fee.
We may monitor your account to check that this policy is being followed.
This AUP is not comprehensive. If you use our services in any way which we reasonably determine is or may be illegal or detrimental to our network, our services or any of our customers, we reserve the right to suspend or terminate your service without notice.
What you cannot use our services for
You must not use, or allow anyone else to use our services using your account to do or attempt to do anything which:
- results in you or vividwireless breaking the law or being involved in breaking any Australian or foreign law, order, Code or regulation. For example, you must not illegally reproduce or otherwise infringe copyright material or illegally use or distribute copyright material.
- results in, or could result in, damage to property or injury to any person or harasses, abuses menaces or stalks anyone.
- putschildren or young persons at risk by enabling access to inappropriate or illegal material or because you establish (or try to establish), inappropriate or unlawful contact with a child or young person
- incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender, sexual preference or nationality.
- involves any illegal, misleading or deceptive business or marketing practices, or provides or promotes an illegal pyramid selling scheme or unlawful gambling or gaming.
- interferes with the rights of other people, by displaying or otherwise being involved in material which is obscene or defamatory or which is offensive or abusive which infringes vividwireless' or any other person's rights (including intellectual property rights such as moral rights) or which constitutes a misuse of vividwireless' or any other person's confidential or personal information.
If you do or authorise any such act your vividwireless service may be suspended or terminated and you could face potential legal action, including from copyright owners and law enforcement agencies.
What you cannot use our services to do
You must not use our services, or attempt to use our services or allow our services to be used by anyone else to:
- send or be involved in sending spam. Spam is unsolicited emails, usually in bulk. There are some notes about this below.
- create or disseminate any virus, Trojan horse, worm, cancelbot, time bomb, or participate in any activity, for example a denial of service attack that is designed to provide or allow unauthorised control of or adversely affect a computer, a network or data.
- access or use, or attempt to use vividwireless' or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers), without consent, regardless of whether or not they have any adverse effect on the system, network or data.
- create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message to hide or delete the source of the message or make the message appear to originate from a source other than you.
- manipulate or bypass vividwireless' data usage limits on relevant plans.
Designated Copyright Representative
Division 2AA of Part V of the Copyright Act 1968(Cth) and Part 3A of the Copyright Regulations limits the remedies available against carriage service providers for infringement of copyright (Safe Harbour Provisions). In accordance with section 20C of the Copyright Regulations, vividwireless has designated the person identified below as its designated representative to receive notifications and notices under the Safe Harbour Provisions:
Title: Designated Copyright Representative
vividwireless pty ltd
Email: copyrightnotice@vividwireless.com.au
Postal: PO 3074, Redfern 2016
vividwireless forwards any claimed infringement notices that it receives to the relevant account holder. Multiple notices received in respect of the same account holder may result in suspension or termination of services.
Restricting your heavy use
If in our opinion your use is so heavy at any time that it will adversely affect the quality of the service received by other customers, we may de-prioritise your access to the network. You will be notified if you breach the AUP.
Peer to peer file sharing falls into this category. You should be aware that we de-priortisie peer to peer traffic so that it does not adversely affect interactive traffic, such as phone and general browsing services. We recommend that if you are using the network for lawful peer-to-peer activity you schedule downloading to outside peak usage hours, for example midnight to 5am WST. For more information on traffic prioritization and Quality of Service (QOS) please refer to our FAQs on peer-to-peer traffic and prioritisation.
A note about ordinary domestic use
Our wireless broadband services are intended for ordinary domestic use. If you use our service to operate a business (and you are not on a small business plan) or connect more than five devices to one service (except for broadband & phone bundle plans and the Unlimited and pre-paid plans which have a limit of one device), we may shape or slow your access to the network or suspend or terminate your service.
We reserve the right to prevent you using our services for commercial emailing purposes.
A note about spam
Like everyone else, you must comply with the Spam Act 2003 (Cth).
You must include in any commercial message an email address, telephone number, facsimile number or mailing address that can be used by recipients to notify you that they no longer wish to receive such messages from you.
If you are notified that any recipient doesn't want to receive your emails, you must immediately comply with the notice.
