Email Acceptable Use Policy

Email Acceptable Use Policy
(EMAIL-AUP)

Network AUP | Terms & Conditions for Internet Service| News AUP

1. Introduction

Electronic mail (email) is a highly efficient form of modern communication media. Used appropriately, email provides people with a means to communicate across different time zones and country borders, thus facilitating social and business contact. However, this convenience also tempts users to experiment or take advantage of this media, resulting in email of unwelcome types (collectively known, along with other unwelcome activity, as Net Abuse).

It is not the intent of Bi Way Communication to judge the merit of email content. Bi Way Communication may alert the legal authorities to content which may be illegal or which relate to criminal offences such as fraud if such content is brought to Bi Way Communication's attention.

Customers are ultimately responsible for all emails originating from their Accounts even though they may not be the actual sender. In order to maintain email service levels and Customer satisfaction, certain activities will result in action being taken by Bi Way Communication as described in Section 3 of this document.

Bi Way Communication reserves the right to change this Acceptable Use Policy (AUP) for email services at its sole discretion and without prior notice. Any decision made by Bi Way Communication in relation to this service shall be final on all matters.

2. Conditions

The supply of an unlimited email account is provided on the conditions that the user shall net use the email account to store large amounts of email for an extended time or use the email account as a place to keep copies of your emails to save space on your own system.
If you are found to be using the email account contrary to the above conditions you will be emailed a Please Explain. You must reply to this email, if you do not reply to this email then appropriate action will be taken.

3. What Constitutes Net Abuse?

Net Abuse is an abuse of Internet services and not necessarily abuse on the Internet. An act which interferes with the Net-use of an individual or group of individuals in some specific way qualifies as Net Abuse. Net Abuse also includes activities which are illegal or dishonest. Under the terms of this AUP, Net Abuse includes, but is not limited to, the following:

	Chain Letters and Ponzi Pyramid-Selling Schemes Such messages work in much the same way as the conventional postal version. The most common example of this in email is the infamous "MAKE-MONEY-FAST" scam. In addition to being a waste of resources, such messages are illegal in certain countries.
	Unsolicited Commercial Email (UCE) Unsolicited Commercial Email is advertising material received by email without the recipient either requesting such information or otherwise expressing an interest in the material advertised. Many Internet users use a dial-up connection and pay for their online and telephone time. It costs them money to receive email. Receipt of unsolicited commercial advertising therefore costs them money and is particularly unwelcome. It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, unless a specific request for information to be emailed to them has been made. Sending unsolicited (ie. unwanted) mails to a large list of recipients (guideline: 100 names) which provokes complaints from the recipients is considered as UCE.
	Unsolicited Bulk Email (UBE) Similar to the UCE but such email does not attempt to sell anything. Its purpose is usually to annoy.
	Forged Headers and/or Addresses Forging headers or messages means sending mail such that it appears to originate from another user or machine, or a non-existent machine. It is also forgery to arrange for any replies to any mail to be sent to some other user or machine. However, in either case, if prior permission has been granted to you by the other user or the administrators of the other machine, then there is no problem. Bi Way Communication takes a serious view when an identity is forged and may terminate the Account on the first offence without warning.
	Mail Bombing Mail bombing is the sending of multiple emails, or one large email, with the sole intent of annoying and/or seeking revenge on a fellow Internet user. It is wasteful of shared Internet resources as well as serving no value to the recipient.
	Denial of Service Attacks Denial of Service is any activity designed to prevent a specific host on the Internet making full and effective use of its facilities. This includes, but is not limited to: (a) Mail bombing an address in such a way so as to make Internet access impossible, difficult, or costly. (b) Opening an excessive number of mail connections to the same host. (c) Intentionally sending email designed to damage the receiver's systems when interpreted; for example, sending malicious programs or viruses attached to an email. (d) Using a smarthost or SMTP relay without authorisation to do so. Due to the destructive nature of these activities, Bi Way Communication may choose to terminate the Account on the first offence without warning and/or seek compensation from the perpetrator via legal proceedings to recover financial losses.
	Mailing List Subscriptions You must not subscribe anyone to a mailing list or similar service without his permission.
	Illegal Content Bi Way Communication will cooperate with the legal authorities should any illegal activity occur using Bi Way Communication's email services.
	Breach of Copyright or Intellectual Property Rights You must not send copyrighted material or material over which subsisting intellectual property rights exist via email unless with express permission from the owner to do so.
	Administrator's Email All Customers are required to accept and read email addressed from postmaster@biway.com.au and abuse@biway.com.au, and to respond to the email should a reply be requested. Mail sent from the Postmaster and Abuse Response Team (ART) must not be "bounced" or ignored.

4. What Bi Way Communication will do

All abuse cases involving Bi Way Communication Customers will be investigated. In order for investigations to proceed, an ART staff may contact the Customer and the Customer should cooperate by responding to the email, phone call, or fax. Bi Way Communication may at its discretion suspend/terminate an Account should the Customer fail to respond within the grace period given by the ART staff.

All ART mails shall come from abuse@biway.com.au. Bi Way Communication may carry out the following actions and any other measures deemed necessary upon completing an investigation:

Suspension of Account
The offending Account is suspended and access will not be available. The Customer will be contacted by a member of the ART or Technical/Customer Support team and given notice. The Customer may also take the initiative to contact a member of the ART when the Account is suspended.

The Customer is required to write to:
Abuse Response Team
c/o Systems and Network Engineering
Bi Way Communication Australia
P.O. Box 468

Pennant Hills NSW 1715

or send a fax to fax number: 02 9980 6342 providing an explanation and assurance of no further breaches of the Terms and Conditions of Use and Acceptable Use Policies from the Account. Bi Way Communication may take further action should the Customer fail to furnish an explanation within the given grace period.

NOTE: In no circumstances will any refund be made for the period during which the Account is suspended under this AUP.

Termination of Account
The offending Account is terminated. A formal notification of termination will be served on the Customer.

NOTE: No refund of monies paid for the Account will be made, except as specified in the Terms and Conditions of Use.

5. Definitions

ART:	Abuse Response Team, a team in Bi Way Communication dedicated to handling investigations into cases of Net Abuse.
ACCOUNT:	A single billing entity, comprising all services being supplied by Bi Way Communication to the Customer. This may range from a single host to a complete network, depending upon the services purchased.
CUSTOMER:	The registered holder of the Bi Way Communication Account from which the Net Abuse originates.
NET ABUSE:	Includes any and all email items that are in breach of the Bi Way Communication EMAIL-AUP.
EMAIL-AUP:	This document.

Network AUP | Terms & Conditions for Internet Service| News AUP