BinaryHome (the Company) provides its Customers (the Customer) with this Acceptable User Policy (AUP) in order to offer uninterrupted and faultless services. Please read this AUP in order to acknowledge what acceptable use of our services is. The Company reserves the right to suspend or terminate any of the Customer’s Service(s) upon identifying of the Customer’s contravention of any one or more of the following:
1.1 The Customer shall use the Specified Service provided in conjunction with the terms and conditions for the purposes of gaining access to the Internet and the services thereon.
1.2 The Customer shall use the Specified Service only for its own purposes and shall not make the use of the Specified Service available to any third party nor use it on behalf of or for the benefit of any third party.
1.3 The Customer shall not send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form, any data, information, material or statement which infringes the intellectual property rights of any person or legal entity or the laws or statutory regulations or contractual rights or laws relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any state or territory in which they are or may be accessed or made available.
1.4 The Customer shall not make use of the Specified Service for the purposes of attempting or establishing unauthorised access to or of facilitating a breach in the security devices of machines, resources or networks without the prior unequivocal consent of the lawful owner of that machine, resource or network.
2 Unlimited Use / time /hours
2.1 Sessions apply. The Customer may stay connected so long as they are actively using that connection. The customer can manually reconnect to gain access to the Internet immediately after a session time out. The customer must not reconnect to gain access to the Internet using “automatic” reconnection as defined below.
2.2 Automatic reconnection is defined as: “the use of a device and/or program for the purpose of redialing a modem to establish an Internet connection.”
2.3 Automatic reconnection can be detected using server connection logs. If a regular pattern is detected that the customer’s modem reconnects automatically during a 24-hour period a written warning notice will be issued to the Customer. Ignoring such notice will lead to immediate disconnection, until further notice.
2.4 BinaryHome maintains the right to terminate any Customer’s connection following any extended period of inactivity as determined by BinaryHome.
2.5 Artificial generation of traffic for means of evading “idle timeouts”, during but not limited to unattended access, such as pinging, bots, or automatic email checking, are expressly prohibited.
2.6 The Customer must not mistake an unlimited dial up modem connection to be the same as a permanent modem dial connection. A permanent dial up connection can be used continuously over 24 hours.
Sample of a daily log, indicating automatic reconnections
POP Tx Rx Logon Time Duration Modem Disconnect
Melbourne 0.15 0.24 Thu 07 Feb 07:52:27 03:00:00 50667/26400 sessTimeOut
Melbourne 0.14 0.26 Thu 07 Feb 04:51:43 03:00:00 50667/26400 sessTimeOut
Melbourne 0.19 0.37 Thu 07 Feb 01:50:58 03:00:00 50667/26400 sessTimeOut
3.1 Any use of BinaryHome system resources that disrupts the normal use of the system for other BinaryHome customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time.
3.2 BinaryHome reserves the right to collect damages (software, hardware & man hours) if any harm is done to BinaryHome which requires repair or reconfiguration of any kind.
3.3 The following use of the services is treated as abuse; and will result in immediate disconnection and/or legal action.
a. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.
b. Using the Services to harm, or attempt to harm, minors in any way.
c. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
e. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any
type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters.”
f. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers (“munging” headers) in news postings in order to avoid Spam email address collectors is allowed.
g. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited.
h. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BinaryHome’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
i. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
j. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the Services without BinaryHome’s authorisation.
l. Using the Services for any activity which adversely affects the ability of other people or systems to use BinaryHome Services or the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Customer’s responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
4.1 The Customer shall not make use of the Specified Service to facilitate and further the publication and distribution of chain letters, unsolicited commercial or bulk email.
4.2 The Customer shall not make use of the Specified Service to send or cause to be sent or forwarded either large numbers and/or large messages or a message irrespective of size at such frequency that it causes the recipient annoyance and/or causes the recipient’s mailbox to become unable to cope with the volume of email traffic directed at it and disables said mailbox.
4.3 The Customer shall not make use of any Service to send or forward malicious messages and/or viruses to cause annoyance and/or disruption to another user’s service.
4.4 The Customer shall not cause another user of a service provided to be subscribed to a mailing list or some other service without their prior express permission for that purpose.
4.5 The Customer shall not forge or create the use of a header and/or address to tend to show that a message originates from a machine or network other than that on which it does originate or that replies to a message are directed to a machine at which the Customer neither has a right nor permission to cause replies to be directed.
5.1 The rules relating to email outlined above shall be equally applicable to Usenet postings.
5.2 The Customer shall not use the Specified Service to cause or further the excessive cross- and/or multi-posting of messages to newsgroups and/or bulletin board services.
5.3 BinaryHome considers “cross posting” to 10 or more groups within a two day sliding window to be excessive.
5.4 BinaryHome Customers may not cancel messages other than their own messages. A Customer may cancel posts forged in that Customer’s name. We may cancel any postings which violate this AUP.
5.6 Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group’s “intended” use. Please familiarise yourself with basic Usenet netiquette before posting to a newsgroup
6 Web space
6.1 The Customer shall not use its own personal website for the use of corporate or business use.
6.2 The Customer shall not use unsolicited email messages or cause such to be used in order to draw attention to, promote or otherwise advertise its website.
6.3 The Customer shall not publish, hold or cause to be held or accessed via its website material that is of an illegal nature and/or contrary to the terms and conditions.
7.1 Non-enforcement of any section of this Agreement does not constitute consent and BinaryHome reserves the right to enforce this Agreement at its sole discretion.