Fair Use Policy

Purpose

Our Acceptable Use Policy is to ensure all our Clients have access to their services and to safeguard the security and integrity of the systems and networks we use. It also sets out the rules that apply to our Clients which are required by our upstream suppliers or third-party providers. When we refer to our Services we mean all services provided to our Clients from CyberSquad IT Consulting.

Application (what it applies to, which would essentially be all our services)
Our Acceptable Use Policy applies to ensure all services provided to you by CyberSquad IT Consulting are used in a lawful, fair, responsible, and not un-reasonable way. ‘Unreasonable Use’ means use that is excessive, unacceptable or unintended.

Our Acceptable Use Policy also extends to anyone who uses any of the services supplied by CyberSquad IT Consulting (with or without your consent).

Unintended Use

You mustn’t use any CyberSquad IT Consulting services in an unintended way. Your use of a service will be considered unintended if you use it in a way which isn’t for the purpose of which the service was intended for.

Unintended use includes (however isn’t limited to) the following:

1. Using the service in a way that a reasonable person wouldn’t regard as ordinary;
2. Using a service in a way that isn’t reasonable regarded as ordinary business use;
3. Using the service fraudulently or in a way which commercially disadvantages CyberSquad IT Consulting E.G. by: Excessive use of system resources; Spam and spamvertising; Inappropriate or unlawful content; System abuse; etc.

Unacceptable Use

You mustn’t use CyberSquad IT Consulting services in an unacceptable way.  Your use of any service will be considered unacceptable if you use the service, or any equipment or device for any fraudulent, malicious, illegal or unlawful purpose or in any way which creates risks to the performance, security or integrity of any network or system or to the health or safety of any person, or improperly interferes with the network or another Client/Persons use of our services.

Unacceptable Use for any fraudulent, malicious, illegal or unlawful purpose includes (but is not limited to) the following:

1. Procuring or using a service/services with a fraudulent or false identity, or using the service for fraudulent purposes, or in a way that’s likely to mislead or deceive;
2. Using a service/services in any way to gain improper or illegal access to another person’s private, personal, commercially sensitive or confidential information;
3. Infringing any persons intellectual property or other rights;
4. Using a service/services to send unsolicited or unwanted commercial electronic messages not in accordance with, or otherwise in breach of, the Spam Act 2003(Cth) and Spam Regulations 2004(Cth);
5. Using a service/services in any way to store, send, distribute, publish or make any indecent, obscene, offensive, menacing, pornographic, illegal, defamatory or confidential material, or material that incites violence or hatred against any person or class or persons or which could give rise to civil or criminal proceedings;
6. Doing any act or thing which is illegal, fraudulent, or otherwise prohibited under any applicable Commonwealth, State or Territory law or which is in breach of any code, standard or other requirement of any other competent authority; or
7. Authorising, aiding, abetting, encouraging or inciting any other person to do or attempt to do any of the above.

Unacceptable Use that creates risk to, or interferes with, our systems or another persons use or their safety includes (but is not limited to):

1. Using any equipment, device or software on our network which has not been authorised by CyberSquad IT Consulting;
2. Adversely affecting another Client or persons use of access to our service/services;
3. Abnormal or excessive use of your service which may result in significant congestion or disruption to our service/services;
4. Compromising the security or integrity of any network or system, or causing interference, disruption, congestion or sub-optimal performance;
5. Probing, scanning or testing the vulnerability of a service/services, or breaching the security or authentication measures;
6. Accessing, downloading, storing, sending or distributing viruses, spy software or other harmful material; or
7. Authorising, aiding, abetting, encouraging or inciting any other person to do or attempt to do any of the above.

Unacceptable use that causes Excessive Use of any Service/Services supplied by CyberSquad IT Consulting includes (but is not limited to):

1. Certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space, traffic, phone minutes, data usage, etc.
2. Use of any service/services that is deemed excessive by CyberSquad IT Consulting

Breach of the AUP

CyberSquad IT Consulting reserves the right to apply our Acceptable Use Policy at our discretion and on a case-by-case basis and reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.

We will monitor your use of a service/services to ensure you comply with this Acceptable Use Policy. Any breaches to this Acceptable Use Policy will result in the disabling of a service/services if we deem necessary, at our sole discretion.

Upon closing of a Client’s account, we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ that have been violated. The Client will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence pro customer’s side.

Closed accounts due to repeated violations will not be re-activated. A backup may be requested; however, you will allow us up to 2 business days to provide it.

If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our services, please contact us immediately. Our professional team will investigate the situation and provide you with full assistance.

Your responsibility for Maintaining Security

CyberSquad IT Consulting are always making efforts to ensure the security and integrity of our service/services, we can’t and don’t guarantee that viruses and other detrimental programs will not be distributed via our network via breaches to our Acceptable Use Policy.

You are responsible as our Client to maintain the security of your service/services by protecting your onsite network, computers, devices against things such as (but not limited to) viruses, worms, trojans and other malicious programs, and lower-level Denial of Service (DOS) attacks that can be distributed or via the internet, including emails.

Protection methods recommended by CyberSquad IT Consulting include firewalls, individual endpoint/server protection, and multi-factor authentication.

Revisions

CyberSquad IT Consulting reserve our right to change this Acceptable Use Policy at any time, without prior notice. We encourage our Client’s and Users to review this Acceptable Use Policy via our website regularly.

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