Acceptable Use Policy

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING LOADED NET’S NETWORK AND SYSTEMS. BY USING ANY LOADED NET SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS LOADED NET’S NETWORK OR SYSTEMS.

Purpose

This document constitutes the Acceptable Use Policy referred to in Loaded Net’s Service Agreements. This document describes the guidelines that Loaded Net uses in providing services to its customers and the rules to which Loaded Net customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of Loaded Net’s services via its network and systems.

Application

This policy is applicable to all Loaded Net customers. A breach of any of the Terms and Conditions of this policy by any Loaded Net customer is strictly prohibited and may lead to the suspension or termination of the customer’s service, without notice. This policy is also applicable to the users and customers of Loaded Net’s permanently connected customers. A breach of the Terms and Conditions of this policy by any user or customer of Loaded Net’s permanently connected customers may lead to the suspension or termination of the permanently connected customer’s service, without notice. All Loaded Net customers must take responsibility for distribution, publication and enforcement of the Loaded Net Acceptable Use Policy at their sites.

Responsible Usage

You must take responsibility for your actions on the network and systems you access through Loaded Net. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger Loaded Net’s network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage

Loaded Net requires you to act responsibly when consuming resources on Loaded Net’s network and systems. If you unreasonably consume excess resources on Loaded Net’s network and systems, your access may be suspended or terminated at any time, without notice. Reasonable usage for a dial up account is not expected to exceed 12 hours per day over a 30 day average.

Secure Usage

Loaded Net requires you to take responsibility for maintaining the security of your Loaded Net service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

Unlawful or Unauthorised Usage

Loaded Net’s services may only be used for lawful and authorised purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorised Usage

Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of Loaded Net or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software which contains, computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via Loaded Net, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings.

You will be held liable for, and indemnify Loaded Net for, all costs and damages, attributable to your unauthorised activities or disruptions.

Illegal or Fraudulent Usage

You must not use, or allow any other person to use, the Loaded Net network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.

Copyright

It is your responsibility not to store on a Loaded Net system, transfer or cause to be transferred over the Loaded Net network, reproduce or make available for distribution through the Loaded Net network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968.

Content

Loaded Net does not and cannot monitor or control the content and information accessed via Loaded Net; Loaded Net only provides access. Loaded Net shall not be held responsible in any way for the content of the information accessed via Loaded Net or offered for public access via Loaded Net.

It is you and/or your users and customers’ responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on Loaded Net’s network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and Usenet news.

Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

Investigation by Authorities

Loaded Net reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Loaded Net network and systems is occurring. Loaded Net co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via its network or systems. Loaded Net reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

Complaints

To report a violation of Loaded Net’s Acceptable Use Policy, please send details, including any documentation, article or e-mail to admin@loadednet.com.au

General

Loaded Net reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet encourage or incite another party to breach, any of the above terms, conditions, rules, regulations or laws.

Disclaimer of Liability

Loaded Net disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of Loaded Net, the use of any of the services provided by Loaded Net, or the suspension or termination of your service by Loaded Net.

This disclaimer of liability does not supersede or replace any other obligation expressly provided in any Loaded Net Service Agreement.