Acceptable Use Policy

SmartLinx 3 Acceptable Use Policy

  1. Acceptable Use Policy

SmartLinx 3 is committed to providing its customers with the highest quality Broadband Internet services possible. This Acceptable Use Policy outlines what constitutes acceptable use of the SmartLinx 3 Internet services (collectively known as the “SmartLinx 3 Service”) and outlines permissible and prohibited activities for using the SmartLinx 3 Service to access the Internet.

All SmartLinx 3 customers and all others (collectively known as the user or you) who have access to our network are responsible for complying with this Policy, and all other SmartLinx 3 policies, including but not limited to the SmartLinx 3 Terms and Conditions & SmartLinx 3 Privacy Policies. By using the SmartLinx 3 Service, you confirm your acceptance of this Policy and all other policies.

If you engage in any prohibited activities outlined in this Policy while using our services, we reserve the right to immediately terminate the SmartLinx 3 Service and the user account without warning.

Failure to comply with these or any other SmartLinx 3 policies may result in the suspension or termination of our services to you.

SmartLinx 3 reserves the right to revise this Policy from time to time without notice by posting a new or amended version of this document on the SmartLinx 3 Web site at http://www.SmartLinx 3.co.nz/ The new or amended Policy is effective immediately upon posting and it is your responsibility to adhere to any amendments.

Your use of SmartLinx 3 services shall at all times be deemed to be in agreement with this policy and our Terms and Conditions Policy, Privacy Policy, Telephone Services Policy and Complaints Policy.

  1. Prohibited Uses

Prohibited uses include (but are not limited to), using the SmartLinx 3 Service to upload, download, post, publish, transmit, re-transmit, reproduce, distribute, store, undertake to, or partake in:

  • Any unlawful activity of any sort or for any purpose that constitutes criminal or civil breaches of any statute, regulations, government requirements or any other law (including general or common law) of any country. Those breaches include, without limitation, breach of intellectual property rights (such as copyright, trademarks, patents, trade secrets and confidential information); defamation; breach of obscenity laws and laws as to objectionable publications, such as pornography and hateful materials; fraud; theft; misappropriation of money, credit card details or personal information; breaches of privacy obligations; and trade practices legislation, examples of which are the Fair Trading and Consumer Guarantees Acts (New Zealand) and the Trade Practices Act (Australia).violates any Local, National, State, Foreign or International Law;
  • Using SmartLinx 3 services for the promotion of deceptive and or illegal marketing practices, products or services by any means including, but not limited to, online trading sites, bartering sites or any other online site visited;
  • Accessing any other person’s computer or computer system, software, or data without their knowledge and consent including breaching the security of another user;
  • Obtaining any software or other material through the SmartLinx 3 Service that is protected by copyright or other proprietary right, including intellectual property rights, without the approval of the legal owner;
  • Restricting, inhibiting, or otherwise interfering with the ability of any other person to use or enjoy the SmartLinx 3 Service, including, but not limited to, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
  • Transmission of unsolicited bulk or commercial messages (SPAM) by any means, including, but not limited to: email, Instant Messenger Services and news group postings. (see point 8 – Spam);
  • The creation, transmission or forwarding of “chain letters” or other schemes and scams of any type;
  • Sending, transmitting, posting, storing, or dissemination of any information or material which could be deemed to be objectionable, threatening, defamatory, obscene, offensive, indecent, pornographic, harassing, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, offensive towards any religious group, or otherwise inappropriate;
  • The distribution or use of tools designed for, or that may be used for compromising the security of the SmartLinx 3 Service;
  • The Impersonation of any person, computer address, sender address falsification, forgery of anyone else’s signature (digital or manual), mail header information or any other similar activity;
  • Tampering with, altering or modifying any equipment that has been provided as part of the SmartLinx 3 Service to you or any other user;
  • Violation of the rules, regulations, or policies that are or maybe applicable to any network, server, computer database, or Web site that you or any other user accesses; or
  • Interference with the computer networking or telecommunications service to any user;

 

  1. Excessive Use

SmartLinx 3 shares access with other providers to the greater Internet. It is the user’s responsibility to ensure that their actions while using SmartLinx 3 services do not impact on the experiences of other SmartLinx 3 users. As such, SmartLinx 3 will take action on specific users that are deemed by us to be utilising SmartLinx 3 resources so excessively; they may be impacting other users. This includes but is not limited to the amount of data that may be downloaded in a month or part of a month that is in excess of your SmartLinx 3 Plan.

SmartLinx 3 actions may include:

  • Warning the customer that continued excessive downloading may result in further action;
  • Shaping, filtering, excluding or prohibiting the further downloading of further data – either entirely or on certain types of traffic;
  • Continued excessive downloading may result in the cancellation or suspension of the account without warning; and
  • SmartLinx 3 may, at its discretion, reset your connection to ensure that the service cannot be used in this manner.
  1. Simultaneous Connections

You must not have more than one connection to our service using your user ID at any time. If you do have simultaneous connections we reserve the right to charge you for each additional connection.

  1. Static IP Addresses

Static IP addresses may be provided to customers on request at SmartLinx 3’s discretion. Please contact us to discuss conditions and terms as charges may apply.

  1. Content Ownership and Protection

The Customer is solely responsible for the ownership and protection of all content or information residing on, obtained through or transmitted via the SmartLinx 3 service.

It is the Customer’s responsibility to provide appropriate protection for the prevention of minors (persons under 18 years of age) from accessing any unsuitable or restricted material published via any service.

  1. Copyright and Related Exclusions

To the maximum extent permitted by law, the Customer agrees that SmartLinx 3 and any of its related parent or subsidiary companies and assigns will not be responsible for copyright infringement including the illegal downloading and/or distribution or public performance of copyrighted motion pictures and/or television shows, and/or unauthorised access to or alteration of the Customer’s communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of the Internet Services, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The Customer also agrees that SmartLinx 3 is not responsible for any content sent using, or included in, SmartLinx 3’s Internet Service by any third party.

  1. Spam

It is the users’ responsibility to ensure that they do not participate in any spamming activity either knowingly or unknowingly to originate, transfer or relay messages deemed to be Spam from their computer.

Spam includes, but is not limited to:

  • any communication that is in breach of the Unsolicited Electronic Messages Act 2007;
  • unsolicited e-mails without identifying an easy way for the recipient to stop receiving more e-mails from the originator of those e-mails;
  • unsolicited bulk e-mail (i.e.: sending a single message to more than 12 destinations (whether newsgroups, e-mail addresses or websites) where there is no pre-existing business or personal relationship with the recipients);
  • messages or e-mails that could be expected to provoke complaints;
  • chain letters, pyramid schemes or hoaxes;
  • e-mails and messages that do not accurately identify the sender’s return address, header or domain name;
  • sending unsolicited e-mails and bulk mail from another provider, advertising or impacting upon the use of any of the Services.

If we identify a user that is spamming SmartLinx 3 will:

  • Immediately block the user from being able to continue to Spam;
  • Send an e-mail to the user outlining the reason for the block and explaining that they must provide proof that they have cleaned their computer before having their address unblocked; and
  • Continue to block the user until they have provided proof that they cleaned their computer from any ability to participate in Spamming.

Continued participation in Spamming activities will result in SmartLinx 3 permanently blocking the user from the network.

  1. Passwords

Passwords provided to Customers are intended exclusively for their personal use.  Customers shall be responsible for protecting passwords from and against misuse by unauthorised persons.  Customers must immediately change passwords suspected of being disclosed to unauthorised parties.  Where applicable, Customers must immediately request that a new password be issued by us.  Customers bear all the risk arising from the use and/or misuse of User ID and passwords, including costs associated with the issuance of new passwords.

  1. Security

As a registered user of SmartLinx 3 services, you, the Customer is responsible for any misuse of the SmartLinx 3 Service, even if the misuse was committed by someone else with authorised or unauthorised access to your Service account. It is your responsibility to ensure you take appropriate measures to ensure that others do not use your account to gain unauthorized access to the SmartLinx 3 Service by strictly maintaining the confidentiality of your Service Username Login and Password. SmartLinx 3 will not be responsible for any actions and consequences resulting from username and passwords being compromised. These will remain the sole responsibility of the Customer.

The Customer must not use Services to breach, or attempt to breach, the security and operation of any network, equipment or any other system. This includes: hacking, cracking into, monitoring, or using systems without authority; scanning ports (including scanning for open relays); improper configuration of mail servers and FTP servers enabling distribution of spam and unlicensed material by others; interference of service to any user or network (or activities that might encourage such interference by others) including mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; denial of service attacks or activities which might encourage denial of service attacks by others; unnecessarily excessive traffic (including excessive pings); distributing viruses, or other harmful material or software; any communications across the SmartLinx 3 Services which do not accurately identify (or disclose in a manner that is misleading) addresses, headers, names and other relevant details; and using our network in any way as a staging ground for any of those breaches or to disable or “crack” other systems.

  1. Industry Codes

You must not use SmartLinx 3 Services in a way that breaches any material standard, code and content requirements produced by any relevant authority or industry body.

  1. Electronic Mail

The SmartLinx 3 Service may not be used to send unsolicited bulk messages. Failure to abide by the condition may result in the suspension or termination of your account with us.

  1. Personal Web Page (Homepage)

As part of the SmartLinx 3 Service, we may provide you with access to a personal Web page.   Please contact us if you wish to enquire about this service.

 

  1. Responsible Use

Users must use Services in a responsible manner taking into account:

  • the effect that use may have on networks, equipment and other parties;
  • compliance with “netiquette”, newsgroup and internet conventions (as well as restrictions in rules, charters, FAQs and similar Newsgroup, website and e-mail mailing list material);
  • such use must not interfere with the availability of any of SmartLinx 3 Services to others (or any other services including services offered by SmartLinx 3 and other internet providers and carriers to others); and
  • Customers must take reasonable steps to prevent IP spoofing, using IP to verify unicast reverse path and IP address filtering wherever appropriate.
  1. General

SmartLinx 3 reserves the right to investigate any suspected violations of this Policy. If necessary we may gather information from the user or users involved and examination of material on SmartLinx 3 servers and network.

During an investigation, SmartLinx 3 may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. SmartLinx 3 and the customer will cooperate with law enforcement authorities in any investigation of suspected illegal activities or if requested for any other legal issue or activity. This cooperation may include SmartLinx 3 providing available personally identifiable information about you to law enforcement agencies, including, but not limited to, username, subscriber name, and other account information if requested.

SmartLinx 3 offers protection against spam and viruses, but you understand and agree that we cannot guarantee 100% protection against attacks via our service. As such, we will not take any responsibility for damage to property or other losses, including loss of time or income. The failure of SmartLinx 3 to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is deemed to be invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

You agree to indemnify, defend and hold harmless SmartLinx 3 all claims and resulting from you engaging in any of the prohibited activities listed in this Policy or resulting from your violation of any other posted SmartLinx 3 policy. Your indemnification will survive any termination of the relationship.

  1. New Zealand Law

All services are provided by SmartLinx 3 under New Zealand Law.