ACE Internet Services - Terms and Conditions

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1 ACE Internet Services - Terms and Conditions Index General Terms and Conditions While Ace Internet Services does it's best to provide the highest quality service, due to circumstances beyond our control we are unable to guarantee a fault free service. This may include interruptions to the service for faults by carriers (eg Telstra or Optus), International Links, upgrades, routine maintenance and the inevitable unexpected problems. Ace Internet Services provides space on our web server for customers to host their personal web sites. This is a free service that we provide to all our active internet subscribers. The content published in this free space and the backing up of these files is the responsibility of the individual user as information stored in this free space is not backed up by Ace Internet. It is the responsibility of the individual user to download their from the server on a regular basis. Ace Internet Services may delete unread mail from the server without notice if it has been unread for over 3 months. Your Mailbox with Ace Internet Services can store a total of 10MB of messages. If the total mailbox size exceeds 10MB, Ace Internet services has the right to reject any further messages until the existing mail is cleared. No refund will be given unless otherwise specified in our guarantee on the membership subscription form. In order for the Internet to continue to function in a manner that is beneficial to everyone there are a few commonsense guidelines to follow. Acceptable Use Policy This document outlines the do's and dont's of using the Internet, specifically if you are an Ace Internet Services client. please read it - it is important. Making a complaint If you believe you have been the victim of something which would be described as unacceptable to us according to our policy then please report it using the provided instructions. Enforcement Anyone found to be knowingly abusing the acceptable use policy can expect the steps outlined in this section to be taken. Resources If you are an Ace Internet Services client and wish to try to limit the spam you receive through clients of other ISP's, or wish to find out more about responsible use of the Internet, please refer to our resources page. Acceptable Use Policy Questions about this policy should be sent via to policy@acenet.com.au. Reports of activity in violation of this policy should first be referred to the suspected violator, if known, prior to making a complaint.

2 The Ace Internet Services Acceptable Use Policy has been formulated with the following goals in mind: Ensure security, reliability and privacy of Ace Internet Services's systems and network, and the networks and systems of others. Avoid situations that may cause Ace Internet Services to incur civil liability. Maintain the image and reputation of Ace Internet Services as a responsible provider. Preserve the value of Internet resources as a conduit for free expression. Encourage the responsible use of net resources, discouraging practices which degrade the useability of network resources and thus the value of Internet services. Preserve the privacy and security of individual users. The Acceptable Use Policy below defines the actions which Ace Internet Services considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to Ace Internet Services clients. If you are unsure whether any contemplated use or action is permitted, please send to policy@acenet.com.au and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Ace Internet Services, or connected via the Ace Internet Services network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement and other specific Australian Government policies. General Conduct Clients are prohibited from transmitting on or through any of Ace Internet Services's services, any material that is, in Ace Internet Services's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Ace Internet Services Pty Ltd services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Ace Internet Services reserves the right to remove such illegal material from its servers. The client is responsible for keeping their registration details with Ace Internet Services up-to-date and accurate. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. The resale of Ace Internet Services products and services is not permitted, unless specifically permitted and documented in a written agreement. System and Network Security Clients may not attempt to circumvent user authentication or security of any host, network, or account ("hacking"). This includes, but is not limited to, accessing data

3 not intended for the client, logging into a server or account the client is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool). Clients may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Clients may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet. Users who are proven to have violated systems or network security will incur criminal or civil liability. Ace Internet Services will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Harassment, whether through language, frequency, or size of messages, is prohibited. Clients may not send to any person who does not wish to receive it. If a recipient asks to stop receiving , the customer must not send that person any further . Clients are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious , including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of ), is prohibited. Forging of header information is not permitted. Ace Internet Services accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations; see below. News Groups (USENET) Ace Internet Services provides an uncensored newsfeed from Telstra. As such, Ace Internet Services does not control the content of the newsgroups available to its customers. Ace Internet Services is not responsible for the content of any USENET posting, whether or not the posting was made by a Ace Internet Services customer. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/faqs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.

4 Clients are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). Clients are prohibited from posting chain letters of any type. Clients are prohibited from posting binary files to newsgroups not specifically named for that purpose. Clients are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties. Clients are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup. A client may not solicit mail for any other address other than that of the client's Ace Internet Services account or service, with the intent to harass or collect replies after Ace Internet Services service has been terminated. IRC (Internet Relay Chat) Ace Internet Services is not liable for the content of any communications made on IRC. The Ace Internet Services IRC service (when available) is a free, value-added service for Ace Internet Services clients, and the terms of its operation may change at any time. Ace Internet Services reserves the right to ban from its IRC server any user whose conduct is, in Ace Internet Services's sole judgement, disruptive. Clients may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username. Clients are prohibited from using IRC scripts or programs thatinterfere with or deny service to other users on any server or host. Clients are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors. Individual Accounts (Dialup Users Only) Dialup User account users may not run programs which provide network services from their accounts, such as IRC or MUD servers. Ace Internet Services Dialup accounts are intended for interactive use. Attempts to circumvent the 'idle daemon' or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited. Ace Internet Services Dialup accounts operate on shared resources. Customers are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of Ace Internet Services systems or networks is prohibited, and Ace Internet Services staff may take action to limit or terminate such programs. Password security is the responsibility of the individual user. Good passwords should be a minimum of six characters long, contain at least one number or symbol, and are not based on any dictionary word or common name. Customers may not share passwords or accounts with others.

5 Privacy Ace Internet Services will not release your personal details to any individual or company for any reason except when required to do so by law. To alter or check your account password you will need to provide adequate proof of your identity. Under no circumstances will any employees of ACE Internet Services disclose the content of your unless directed by you to do so. We use a transparent proxy server to speed network access, the details of all requests to this server are private and will not be released to any individual or company. Enforcement Resources Ace Internet Services enforces its Acceptable Use Policies in the manner detailed below: Upon the first verifiable violation of one of these policies, and a single formal letter of complaint, Ace Internet Services will issue an warning to the client. Upon the second verifiable violation of one of these policies, Ace Internet Services will suspend the client's service until the client submits to Ace Internet Services, in writing, an agreement to cease-and-desist. Upon the third verifiable violation of one of these policies and at the discretion of the Directors, Ace Internet Services will terminate the client's service. Ace Internet Services reserves the right to suspend or terminate a client's service at the discretion of the Directors or for violation of any of its acceptable use policies at any time, if Ace Internet Services deems it necessary. Questions about the complaints enforcement procedure should be sent via to policy@acenet.com.au Responsible Use of the Internet Ace Internet Services believes in being a responsible provider of Internet services, and as such, encourages its users to become better-informed about appropriate use of the Internet. Note that Ace Internet Services is not responsible for the content of any of these sites, and does not necessarily condone any philosophical viewpoint or course of action suggested within these documents. Questions about the responsible use of the Internet should be sent via to support@acenet.com.au

6 Making a Complaint If you wish to file a complaint about an abusive Ace Internet Services client, you must provide the following information to us: Your name: and postal address (including city, state/province, and zip/post code). A copy of the COMPLETE TEXT of the objectionable message, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the whole message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers let us see what path the message has taken, and enable us to determine whether or not any part of the message was forged; this information is vital to our investigation. The text of your complaint; you should be as specific as possible about what your complaint is. UCE (unsolicited commercial ), ECP (excessive cross-posting on USENET), and EMP (excessive multiple posting on USENET) are standard; if your complaint is about something else, you will need to go into detail. Your signature (if FAXing) or phone number (if ing). and your address You must provide us with your contact information; though we will archive and investigate all complaints, we cannot in good conscience terminate a client's service in response to an anonymous complaint. For legal reasons, we prefer a hardcopy; therefore, we prefer that complaints be FAX'ed, ATTN: Policy Committee, to +61 (02) We do realise that this may be inconvenient for those outside of Australia, and therefore we will accept complaints generated from the above form as well, but the hardcopy is strongly preferred, for proper legal documentation. We will take prompt action upon receiving verifiable documentation of wrongdoing, according to our Acceptable Use Policy. Questions about the complaints procedure should be sent via to policy@acenet.com.au.