TERMS AND CONDITIONS OF USE / INTERNET ACCEPTABLE USE

Important

By using this resource you agree that you have read and understood these Rules and are bound by them. You also agree to comply with any directions given by the Port Pirie Regional Council on the use of resources and services.

Port Pirie Regional Council makes these resources available as part of their continuing commitment to the highest level of service to the community.

These conditions apply to everyone and all services and resources.

You agree that:

• Port Pirie Regional Council reserves the right to terminate your rights of use and access if you do not comply with the rules.
• If you break the law you may be prosecuted and Port Pirie Regional Council may be asked to disclose information about you and materials or services you have accessed and used to appropriate authorities.
• Proof of your age and identity may be required and must be provided as requested.

Notice of Indemnity

You acknowledge that if any legal action is threatened or commenced against you because of your conduct Port Pirie Regional Council takes no responsibility whatsoever for the conduct or outcome of the legal action.

You indemnify the Port Pirie Regional Council, and will keep the Port Pirie Regional Council indemnified, against any and all damages, costs and expenses suffered by the Port Pirie Regional Council arising out of your conduct, and in respect of any action, settlement or compromise, or any statutory infringement.

Rules of Use

The access and use of Port Pirie Regional Council resources and technology are governed by Australian and international laws. You are authorised to use the Port Pirie Regional Council's resources and services strictly in accordance with these laws and the Rules detailed in this document. If you fail to comply with these laws and rules your access rights may be removed.

Some activities are unlawful and prohibited. These activities include but are not limited to the use or attempted use of our service:

• to gain access to any material that is pornographic, offensive or objectionable;
• to engage in any conduct that breaks Federal, State or Local Council laws and regulations;
• to send or forward any material that is abusive, sexist, racist or otherwise illegal;
• to circumvent any filtering or other content access device or software;
• to interfere with electronic rights management information;
• for illegal purposes or practices;
• for any purpose if the Port Pirie Regional Council advised you that such purpose was prohibited;
• in any way which damages or interferes (or threatens to damage or interfere) with the operation of our service or with the efficiency of our Network or a Supplier’s Network (including as a result of attempts by you to increase the capacity or performance of your system or Your Equipment);
• in any way which makes it unsafe or which may damage any property or injure or kill any person;
• to transmit, publish or communicate any material or engage in any conduct which is defamatory, abusive, menacing or harassing;
• to engage in abusive behaviour toward our staff;
• to make inappropriate contact with children or minors;
• to access, store, reproduce, distribute, publish or commercially exploit any information or material of any kind that infringes any copyright, patent, trade mark, design or other intellectual property right;
• to send, relay or distribute any electronic data, the contents or properties of which have been manipulated for the purpose of maliciously or illegally impersonating or obscuring the original source of that data. This does not include the use of Virtual Private Networks or similar concepts in circumstances where this is legal and otherwise complies with our rules;
• To use devices capable of retransmission without written consent of Port Pirie Regional Council (WiFi Repeaters etc.)
• to access, monitor, use or control any other person’s equipment, systems, networks or data (including usernames and passwords) or to otherwise probe, scan or test the vulnerability of any other person’s equipment, networks, systems or data, without that person’s consent;
• to access, or attempt to access, the accounts or private information of others, or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data. This does not include conducting network security testing specifically requested by the owner of the targeted network or system;
• to use or distribute software (such as password guessing programs, keyboard loggers, viruses or Trojans) with the intent of compromising the security of any network or system;
• 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’;
• in a manner which could result in Port Pirie Regional Council incurring a liability to any person;
• to engage in any unreasonable activity which impairs the ability of other people or systems to use our Services or the Internet. This includes any malicious activity resulting in an adverse effect such as denial of service attacks against another network host or individual user, flooding of a network, overloading a service, improper seizing or abuse of operator privileges, and attempts to harm a system or network. For the avoidance of doubt, this clause does not capture an activity solely because it unintentionally contributes to network congestion; or to access, store, reproduce, distribute or publish any content which is prohibited or unlawful under any Commonwealth, State or Territory law or classification system, or to provide unrestricted access to material that is unsuitable for minors.

Copyright Warning

You must respect the property rights that apply to material accessible through Port Pirie Regional Council's network. It is entirely your obligation to ensure that you operate within the legal system.

• Check for a copyright notice or other information to determine what you can do with the material. If it is not clear that you are allowed to use the material the way you may want to, you must contact the copyright owner before attempting to use it.
• Copyright and other laws apply to most materials on the Internet. Copyright owners are entitled to determine who may use and access their materials and on what terms. If you interfere with the owner's rights, legal action may be taken against you.
• Australian laws determine what is a “fair dealing” in copyright materials.

Supervision of Minors

The Port Pirie Regional Council accepts no responsibility for the supervision of minors' use of Port Pirie Regional Council services or materials. Adults responsible for minors must exert their own safeguards and controls.

• Please note that anyone aged under 18 is considered a minor for the purposes of these rules and the law (Broadcasting Services Amendment (Online Services) Act 1999).
• If requested, verification of age must be produced and a parent or guardian's notice signed.

Content

Port Pirie Regional Council does not control the content or layout of any material on any site. Port Pirie Regional Council does not make any representation or warranty about relevancy, accuracy, quality, or validity of any material and you must make that judgement for yourself. Some material you access may require you to divulge personal details and credit information: you do so at your own risk.

All use of our resources and services is at your own risk.

Spam

“Spam” includes one or more unsolicited commercial electronic messages with an “Australian link” as contemplated by the Spam Act 2003. You must not use the Service to:

• Send, allow to be sent, or assist in the sending of Spam;
• Relay e-mail from a third party’s mail server without permission or which employs similar techniques to hide or obscure the source of the e-mail;
• Connect to our Network with an open relay mail server or any other device which may allow third parties to use that mail server or device for the purposes of sending electronic messages, solicited or otherwise, with or without their prior knowledge or consent;
• Use or distribute any software designed to harvest email addresses; or
• Otherwise breach the Spam Act 2003 or any regulations made under the Spam Act 2003.

Internet Wireless Access

You must use reasonable endeavours to secure any device or network within your control against being used in breach of the Internet Acceptable Use Policy, including by third parties from:

• The installation and maintenance of antivirus and firewall software;
• The application of operating system and application software patches and updates; and
• Protecting your account information and password and taking all reasonable care to prevent unauthorised access to your service, including taking reasonable steps to secure any Wi-Fi network that your operate.

Unless otherwise stated, our rights to suspend, cancel or restrict this Service to you applies regardless of whether the breach or suspected breach was committed intentionally, or by means not authorised by you (such as through Trojan horses, viruses or other security breaches).

Newsgroups

The Customer must not use our Network to:

• Engage in mass posting of messages to newsgroups;
• Post advertisements other than in newsgroups that specifically encourage or permit advertising;
• Post binary files other than in newsgroups that specifically encourage or permit such postings;
• Post large or numerous messages with purpose of disrupting a newsgroup; or
• Send messages that contain invalid or forged headers or domain names or deceptive addressing.

Viruses, Worms, Trojans, Denial of Service Attacks, Etc.

While Port Pirie Regional Council makes reasonable efforts to ensure the security of our network, they cannot and do not guarantee that viruses and other detrimental programs will not be distributed via our Network. Port Pirie Regional Council are not liable for any degradation in service, increased download or damage suffered by a Customer as a result of any program received or sent by the Customer over our Network.

As you should be aware, it is important to protect your computer and any connected networks against higher level computer programs (such as viruses, worms, Trojans and other malicious programs) and lower level Denial of Service (DOS) attacks that can be distributed or propagated via the Internet, including electronic mail. It is the Customer’s responsibility to ensure that the Customer has in place appropriate protection for the Customer’s systems and to prevent circulation of such computer programs and attacks from the Customer’s computer or networks through our Network. Such protection methods may include firewalls, an appropriate policy regarding email attachments, the most up to date virus scanning software, etc.

Further information and assistance on virus protection can be found at http://www.cert.org/