Acceptable Use Policy



1.1 You must not use the Service or any part of it:


(a) to infringe, in the course of infringing, or for the purpose of storing any material produced as a result of an infringement of, any Intellectual Property Right of any person;


(b) to circumvent, in the course of circumventing, or for the purpose of storing any material produced as a result of the circumvention of, any: “technological protection measure” or “access control technological protection measure” as those terms are defined in the Copyright Act (Cth) 1968; or equivalent terms and legislation in any Relevant Jurisdiction;


(c) in a manner otherwise in breach of any legislation relating to any Intellectual Property Right;


(d) to gain access to any material which is properly the material of another person or persons without the permission of all relevant persons;


(e) in any manner which is in breach of any relevant law or other binding obligation in any Relevant Jurisdiction, whether civil or criminal, including laws which relate to fraud, cybercrime, sedition, harassment, sexual harassment, defamation, stalking, pyramid selling, gaming or gambling, confidentiality, nuisance or assault;


(f) to store or disseminate any material in breach of any laws relating to censorship or content regulation in any Relevant Jurisdiction;


(g) to provide to minors content which is inappropriate for minors or to initiate any inappropraite connection with any minor;


(h) to create or distribute any spam or unsolicited commercial message;


(i) in a manner intended or likely to: create an unusual workload on any of the equipment used in the course of providing the service; or adversely affect the provision by RWTS or any other person of any service (including services similar to the Services) to any person.



2.1 You must

(a) keep secret each username and password you use to access the Services;


(b) ensure that there corresponds to each person who uses the Service a unique username and that that person in the course of accessing the Service uses no other username;


(c) ensure that any content which is inappropriate for minors is subject to appropriate arrangements to prevent access to the content by minors;


(d) indemnify RWTS, its employees and officers against all loss they suffer as a result of each breach of this Acceptable Use Policy by you.



3.1 Where you post, send or store any content through the use of the Service you permit RWTS, to the extent reasonably incidental to the ordinary operation of the Service, to:


(a) store, distribute and make that content available through the use of the Service; and


(b) authorise third parties to do any of these things.



4.1 To the extent permitted by law and except where RWTS enters into an agreement with you to the contrary: RWTS has no liability to you as a result of any use of, or of any content accessed through use of, the Service by you, or by any other person; and all terms and conditions which might otherwise be implied in respect of the supply of the Service are excluded. Where RWTS is not able to exclude such a term or condition, then, to the extent permitted by law, RWTS’s liability to you for the breach of such a condition is limited, at RWTS’s option, to the resupply of the Service or payment of the cost of having the Service supplied again.



5.1 In this policy the following terms have the following meanings:


(a) Intellectual Property Right includes all rights or entitlements (whether arising before or after the execution of this agreement) in respect of copyright (including moral rights), patent, trade marks, design, circuit layouts, trade or business names, and all rights to the registration of such rights or entitlements anywhere in the world.


(b) Relevant Jurisdictions means each jurisdiction which has a relevant connection between either you, RWTS or your activities in the course of using the Services. Without limitation, each of the following is a Relevant Jurisdiction:


(i) the State of New South Wales, Australia;


(ii) the Commonwealth of Australia; and


(iii) in respect of a message (which includes any means of distributing content) you send, each jurisdiction through which that message traverses and each jurisdiction in which that message is received.


(c) Service includes each Network Service


(d) “you” means each person who is required to comply with this policy.