Network Acceptable Use Policy
(NET-AUP)

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

1. Introduction

The Network is the underlying infrastructure by which Bi Way Communications Customers connect to and access the Internet. The Network consists of network equipment and servers which are to be accessed directly by Bi Way Communications staff only for the purpose of administration.

Bi Way Communications may alert the Federal and State Police to activities which may be illegal or which relate to criminal offences such as Network attacks or attempts to access unauthorised hosts if such activities are brought to Bi Way Communication's knowledge.

In order to maintain Network service levels and Customer satisfaction, certain activities will result in action being taken by Bi Way Communications as described in Section 3 of this document.

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

2. What Constitutes Net Abuse?

Net Abuse is an abuse of either Bi Way Communication's Network or Networks connecting to other ISPs or private Networks. An act which interferes with the Network of Bi Way Communications or 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:

Network attacks
Such attacks can be in the form of flood pinging, syn attacks or any form of malicious attack where Network performance is reduced

Server attacks
Any unauthorised access to any server by way of attempting to login or using destructive programs to access, change or delete data.

Unsolicited Bulk Email (UBE)
Similar to the UCE but such email does not attempt to sell anything. Its purpose is usually to annoy.

User Identity Forgery
Using an IP address not directly assigned to the user (spoofing) in an attempt to gain access to a Network or disguising the origins of access.

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.

3. What Bi Way Communications will do

All abuse cases involving Bi Way Communications 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 Communications 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 Communications 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 Communications Australia
P.O. Box 468
Pennant Hills NSW 1715

or send a fax to fax number: 02 99806342 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 Communications 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.

4. Definitions

ART:

Abuse Response Team, a team in Bi Way Communications dedicated to handling investigations into cases of Net Abuse.

ACCOUNT:

A single billing entity, comprising all services being supplied by Bi Way Communications 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 Communications Account from which the Net Abuse originates.

NET ABUSE:

Includes any and all email items that are in breach of the Bi Way Communications EMAIL-AUP.

EMAIL-AUP:

This document.

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