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

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 unreasonable way. 'Unreasonable Use' means use that is excessive, unacceptable or unintended. It 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 for which the service was intended. Unintended use includes (but isn't limited to):

• Using the service in a way that a reasonable person wouldn't regard as ordinary;
• Using a service in a way that isn't reasonably regarded as ordinary business use;
• Using the service fraudulently or in a way which commercially disadvantages CyberSquad IT Consulting (e.g. excessive use of system resources; spam and spamvertising; inappropriate or unlawful content; system abuse).

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's use of our services.

Fraudulent, malicious, illegal or unlawful use includes (but is not limited to):

• Procuring or using a service with a fraudulent or false identity, or in a way that's likely to mislead or deceive;
• Using a service to gain improper or illegal access to another person's private, personal, commercially sensitive or confidential information;
• Infringing any person's intellectual property or other rights;
• Sending unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth) and Spam Regulations 2004 (Cth);
• Storing, sending, distributing or publishing any indecent, obscene, offensive, menacing, pornographic, illegal, defamatory or confidential material, or material that incites violence or hatred;
• Doing anything illegal, fraudulent, or otherwise prohibited under any applicable Commonwealth, State or Territory law, or in breach of any code or standard of a competent authority;
• Authorising, aiding, abetting, encouraging or inciting any other person to do any of the above.

Use that creates risk to, or interferes with, our systems or another person includes (but is not limited to):

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

Excessive use includes (but is not limited to):

• Certain resource limitations concerning server CPU usage, memory usage, disk space, traffic, phone minutes, data usage, and similar;
• Use of any service 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 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 to ensure you comply with this Acceptable Use Policy. Any breaches will result in the disabling of a service if we deem necessary, at our sole discretion.

Upon closing of a Client's account, we will send an email notification stating the reason for the termination and quoting the terms violated. The Client will be given an opportunity to respond and remedy the situation should they consider themselves abused by a third party. Upon fulfilling this obligation, we may re-activate the account if we find sufficient evidence in the Client's favour.

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, or believe that you or your system has been subject to an attack originating from our services, please contact us immediately. Our professional team will investigate and provide full assistance.

Your Responsibility for Maintaining Security

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

You are responsible, as our Client, for maintaining the security of your services by protecting your onsite network, computers and devices against threats such as viruses, worms, trojans and other malicious programs, and lower-level Denial of Service (DoS) attacks distributed via the internet, including email. Protection methods we recommend include firewalls, individual endpoint/server protection, and multi-factor authentication.

Revisions

CyberSquad IT Consulting reserves the right to change this Acceptable Use Policy at any time, without prior notice. We encourage our Clients and Users to review this Acceptable Use Policy via our website regularly.