This Acceptable Use Policy (AUP) describes conduct which is not acceptable and is prohibited. This AUP applies to all services provided by Fone Dynamics Pty Ltd trading as Fdx to the Customer (Services).
When using the Services, the Customer must comply with this AUP. If the Customer resupplies the Services to its own customers pursuant to Fdx’s Wholesale Terms (where applicable), the Customer must ensure that its customers also comply with this AUP.
The following conduct, whether engaged in intentionally or unintentionally, is not acceptable and is prohibited.
1. Impeding or Misusing the Services
The Customer must not use the Services in a manner that interferes with, disrupts or compromises the Services or any other person or system, including by:
- using the Services to encourage or facilitate any illegal, fraudulent, abusive, or other activities that do or may materially interfere with our business or activities or of any other person or entity;
- attempting to bypass or break any security mechanism associated with the Services, or using the Services in any other manner that poses a material security or service risk to us, any of our other customers, or to any other person or entity;
- reverse-engineering, decompiling or otherwise analysing the Services in order to identify limitations, vulnerabilities, or evade filtering, safeguards or compliance capabilities;
- launching or facilitating a denial of service attack (or similar activity), or engaging in any other conduct that materially and adversely impacts the availability, reliability, or stability of the Services;
- using the Services to transmit or distribute viruses, Trojan horses, spyware, malware, worms or any other malicious, harmful, or deleterious code or programs;
- using the Services in a way that materially breaches or is inconsistent with:
- applicable industry standards, policies or guidelines published by the Australian Communications and Media Authority (ACMA), the Australian Mobile Telecommunications Association (AMTA), or any other generally recognised industry bodies; or
- telecommunications provider guidelines and usage requirements notified in writing by Fdx to you;
2. Spamming and Unsolicited Communications
The Customer must not use the Service to engage in spamming or similar conduct, including by:
- sending e any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation relating to anti-spam, data protection, or privacy, including, but not limited to:
- the Spam Act 2003 (Cth),
- the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and
- the Do Not Call Register Act 2006 (Cth).
- sending or facilitating the communication of unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail or video;
- harvesting or otherwise collecting information about individuals, including email addresses or phone numbers, without their explicit consent or by deceptive or misleading means; or
- generating a high volume of unanswered phone calls or phone calls of unusually short duration in a volumes or patterns indicative of nuisance, spam or scam activity.
3. Breach of Law
The Customer must not use the Services:
- to engage in, support or facilitate fraudulent or deceptive conduct;
- to violate, or facilitate the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software, surveillance, and recording or monitoring of phone calls and communications;
- to record or monitor a phone call or other communication without first obtaining all required consents under applicable law, including, as applicable, Privacy Act 1988;
- in a manner that results in, or is likely to result in, a request by law enforcement, government authority, or regulatory agency for the suspension of the Services;
- to transmit any material that infringes the intellectual property rights or other rights of third parties;
- to transmit any material that is defamatory, discriminatory or malicious, or that facilitates or encourages harmful conduct toward any person or entity, including but not limited to hate speech or material that a reasonable person would consider degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category;
- to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity (acting reasonably in the circumstance);
- to create a false identity or forged email address, SMS or MMS, or header, or phone number, or to otherwise attempt to mislead others as to the identity of the sender or the origin of a communication.
4. Compliance and Enforcement
To meet its legal, regulatory and telecommunications provider obligations, Fdx may monitor and analyse your usage of the Services, to the extent permitted by law, to assess compliance with our AUP and applicable law. If we reasonably believe that the Customer has breached this AUP or that the Customer’s use of the Services may be unlawful, we may:
- warn you in writing (but are not obliged to do so);
- suspend your access to the Services;
- terminate your account or Services; and/or
- notify relevant authorities and provide information to them where appropriate in the circumstances and permitted by law.