Acceptable Use Policy
1. PURPOSE OF THIS POLICY
The Koala Internet (Tech2u) Acceptable Use Policy aims to ensure Koala can provide high quality Services to all Customers in compliance with the law and industry practice, and that no Customer or user of a network is disadvantaged by the behaviour of others.
2. WHEN DOES THIS POLICY APPLY ?
This policy applies to all Koala Customers. By using any Koala Service (hereafter called the Service), Customers agree to comply with the terms of this policy. Koala may rely on this policy where a Customer’s use of Services is:
a. not in accordance with this policy;
b. reasonably considered to be use outside the purposes of the relevant Plan.
3. GENERAL RESPONSIBILITY FOR BEHAVIOUR
Every Koala Customer is responsible for use of the Koala Network and any systems accessed via Services. Any act that endangers any person or the security of the Koala Network, systems or equipment means a Customer’s access to a Service may be restricted, suspended or terminated in accordance with the Agreement.
When using an Koala Service, Customers must comply with any rules imposed by any Third Party from which a Customer accesses content.
All Customers agree that they will not use, attempt to use, or allow their Service to be used to:
- contravene any applicable law, code or standard- defame, harass or abuse anyone or violate their privacy- infringe any person's intellectual property or other rights
- compromise the security or integrity of any network or system
- access, download, store, send or distribute viruses or other harmful material- interfere, restrict or disrupt Services or any other person's use or enjoyment of Services- store, send or distribute any content which is restricted, prohibited or unlawful under any applicable law, or that is likely to be offend a reasonable person- do anything which incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings- forge header information, email source address or other user information- access, monitor or use any data, systems or networks without authority
- attempt to probe, scan or test the vulnerability of any data, system or network- send or distribute unsolicited advertising, bulk messages or breach Koala SPAM policy- overload any network or system including Koala Network and systems- your usage of the service affects other customers' access to the network - use another person's name, user-name or password or attempt to gain access to the account of any person
- tamper with, hinder the operation of or make unauthorised modifications to any network or system- provide false, misleading or deceptive information to Koala or any other person- authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
If a Customer fails to comply, Koala may suspend or cancel a Customer’s use of some or all Services.
4. UNREASONABLE USE
Koala considers Customer use of a Service, plan inclusion and/or offer to be unreasonable if accessed or utilised for any non-ordinary purpose without first gaining written consent from Tech2u.
Koala may give or withhold consent, or give consent subject to any conditions, at Tech2u’s sole discretion. Non-ordinary purpose may include:- using a service designed for household or personal use only, but is instead used for commercial purposes
- running a telemarketing business or call centre;
- using our services for a business type or size, other than what was indicated to use at the time of commencing use of the service.- re-supplying or reselling the Service- wholesale of any Service (e.g. transit, refile or aggregate domestic or international traffic) on Koala network
- using any device that switches or re-routes calls or data, to or from the Koala network or the network of any supplier, or- any other activity which would not be reasonably regarded as Ordinary Use.
Koala also considers Customer use of the Service to be unreasonable if:- usage of the Service unreasonably affects other Customers’ access to the network; or- a Customer sets up switch devices which overcome subscription and/or pricing charges, potentially limiting the ability for other Customers to access the Service.
5. EXCESSIVE USE
Customers may not use our services in a excessive manner. Koala has analysis of normal usage of customers in both residential and various business types, and will apply that knowledge in determining whether services are being used excessively, at Tech2u's sole discretion.
Examples of excessive usage include :-
Residential Voice Services - Koala considers more than 1000 minutes of talk time per month, for a residential service, excessive usage.Business Voice Services - Koala considers variance of more than 25% from the average of our comparable customers usage, to be excessive usage.
Data services – For all data services that have no fixed limits on the plan, Koala considers more than 10 % of the maximum data transfer capability of a service within any 24 hour period excessive usage.
6. REGULATORY AUTHORITIES
Koala co-operates fully with all empowered law enforcement and security agencies and has a requirement to assist law enforcement agencies under Australian Law. Koala may be required to comply with law enforcement requests at any time without notice to Customers, but in doing so will act in accordance with our legal obligations.
Koala may reasonably vary this Policy in line with notice provisions of an applicable Service agreement with Tech2u. Continued use of Services after the change takes effect will constitute acceptance of the variation.