What is our network usage policy?

Network Usage Policy

The Network Usage Policy applies to all clients of Cicada Innovations, their employees, agents and contractors, and all other users permitted by clients when accessing and using the internet service provided by Cicada Innovations. Cicada Innovations reserves the right to disable network access if a client (including its employees, agents, contractors and other users permitted by it) is found not to be compliant with this policy.

In this policy:

• Network means Our IT network and Wifi internet service made available to Our clients, including its systems and equipment;
• Services means services provided by Us under a client services agreement;
• Us or Ours means Cicada Innovations Pty Ltd ABN 15 092 808 850;
• You or Your means you, a client of Ours under a client services agreement, and includes Your contractors, agents, employees or other users permitted by You.

Security

1. All technology, including Your desktops, laptops and personal devices, that has access to the Network must:
   1. have anti-virus software installed; and
   2. be up-to-date with all patches and software security updates.
2. It is Your responsibility to ensure that anti-virus software, patches and security updates are installed and to ensure that this software remains up to date on all technology used by You, Your contractors, agents, employees and other users permitted by You.
3. You must not introduce, or allow to be introduced, any virus, back door, Trojan horse, worm, time bomb, drop dead device or other software program, routine, file or code designed to manipulate in any way, or permit unauthorised access or damage to, the Network or technology which other parties use to access the Network.

Acceptable Use

1. You are responsible for your actions on the Network and the systems you access through your Internet Service. If You act illegally or irresponsibly in using Your Internet Service or Your actions infringe the rights of any person, endanger any person or the integrity or security of Our Network, your access may be restricted, suspended or terminated, without prior notice.
2. In particular, You agree that You will not use, attempt to use or allow your Internet Service to be used to:
   1. download, use, store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable Commonwealth, State or Territory law, or which is likely to be offensive or obscene to a reasonable person; 
   2. download, use, store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless You have a lawful right to do so;
   3. do anything, including upload, store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings against any person (including Us);
   4. do any other 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 content requirement of any other competent authority;
   5. do anything, including download, upload, store, send or distribute material, which interferes with other Network users or restricts or hinders any person from accessing, using or enjoying the Network, including by overloading any network or system including our Network;
   6. forge header information, email source address or other user information;
   7. access, monitor or use any data, systems or networks, including another person's private information, without authority, or attempt to probe, scan or test the vulnerability of any data, system or network without the consent of the owner of that data, system or network; 
   8. access, download, store, send or distribute any viruses or other harmful programs or material, tamper with, hinder the operation of or make unauthorised modifications to any network or system, or otherwise compromise the security or integrity of any network or system, including Our Network;
   9. send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations;
   10. use another person's name, username or password or otherwise attempt to gain access to the account of any other client; or 
   11. authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
3. You must, if We request, provide to us the media access control address of all computers or machines used by You (including any of your employees, agents, contractors or permitted users) that access or have accessed the Network.
4. You must, if We request, cooperate with Us and provide any information that we reasonably request in relation to any investigation that We may conduct in relation to usage of our Network or compliance with this policy.

Fair Use

1. Cicada’s Fair Use Policy applies to Services which are stated to be subject to the Fair Use Policy (“Fair Use Services”).
2. Cicada’s Fair Use Policy is intended to ensure:
   1. the availability of Our Services to all Cicada clients; and
   2. that the Fair Use Services are not used in an unreasonable manner.
3. We reserve the right to vary the terms of this Fair Use Policy from time to time.
4. We may rely on the Fair Use Policy or enforce our contractual rights against You if Your usage of a Fair Use Services is unreasonable, as defined below.

Unreasonable Use

1. It is unreasonable use of a Fair Use Service where Your use of the service is reasonably considered by Cicada Innovations to:
   1. be fraudulent;
   2. involve a non-ordinary use;
   3. cause significant network congestion, disruption or otherwise adversely affect the Cicada Innovation network or a supplier’s network; or
   4. adversely affect another person’s use of or access to the Fair Use Services, the Cicada Innovations network or a supplier’s network.
2. Without limitation:
   1. Fraudulent use includes resupplying or reselling a Service without Cicada’s written consent so that someone else may access, use or commercially exploit a Fair Use Service;
   2. Non-ordinary use includes circumstances where You make or receive calls and/or make use of the internet on the Network in any non-ordinary manner without obtaining Our written consent first, which consent We may give or withhold, or make subject to conditions, in Our discretion. Use in a non-ordinary manner includes (without limitation) in the case of fixed line and Wifi services:
      1. usage for running a telemarketing business or call centre; and
      2. usage to menace, harass or injure any person or damage anything;
      3. usage in connection with an infringement of third party rights or committing an offence against any law, standard or code; or
      4. any other activity which would not be reasonably regarded as ordinary use in relation to the Fair Use Service.

Our Rights

1. If We reasonably consider Your use of the Fair Use Services is unreasonable, We may, without limiting Our contractual rights and without telling You before We do so, suspend or limit Your access to the Service (or any feature of it).