The following is the Telstra Acceptable Usage Policy (“AUP”) for all Users of the Telstra Network and Services.  

While Telstra does not normally monitor the stored content or transmissions of its Users, it must be able to respond to complaints by governmental authorities, affected parties and other Internet Service Providers (“ISPs”). Telstra has adopted this AUP in an attempt to balance interference or risk of harm arising from its User's use of the Telstra Network and Services with the interests of those who may be affected by such use. 

Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted on a designated web site or otherwise notified to the Customer and shall be applied prospectively only.  The prohibitions described in this AUP are by no means exhaustive but are listed to provide an indication of activities that are considered unacceptable and may result in, among other things the suspension or termination of service.

Telstra reserves the right to take all actions it determines necessary to protect the Telstra Network and Services, Telstra’s and its Affiliates’ other systems and networks, and its business interests.  If Telstra, in its complete discretion, considers that this AUP has been violated in any way whatsoever, Telstra expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but are not limited to: filtering, blocking, suspending, or terminating accounts, billing Customers for administrative costs and/or reactivation charges, or bringing legal action against Customers to enjoin violations and/or to collect damages, if any, caused by Customer’s or its Users’  violations.

When feasible, Telstra will attempt to notify a Customer prior to suspending service for violation of the AUP; provided however, Telstra may suspend service immediately and without notice if Telstra becomes aware of a violation of any Applicable Law or regulation or activity, including but not limited to, violation of the AUP, that exposes Telstra to criminal or civil liability, or harms or interferes with the integrity, normal operations or security of the Telstra Network and Services.

This AUP applies to all Users, regardless of the origin or destination of communication and whether or not the misuse attempt was successful. If you suspect that a provision or provisions of this AUP is being violated, other than an alleged copyright infringement, please forward your complaint to abuse@usa-telstra.com.  For alleged copyright infringement, see “Digital Millennium Copyright Act” section below.

In General.

The Telstra Network and Services must be used in a manner that is consistent with the intended purpose of the Telstra Network and Services and may be used only for lawful purposes. Users shall not use the Telstra Network and Services in order to transmit, distribute or store material: (a) in violation of any Applicable Law or regulation, including, without limitation, privacy laws, export or encryption laws or regulations; (b) in a manner that will infringe the copyright, trademark, service mark, trade secret or other intellectual property rights of others; (c) in a manner that will infringe the privacy, publicity or other personal rights of others; (d) that may adversely affect the Telstra Network and Services or other Telstra Customers; (e) that is obscene, pornographic, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component; (f) that may expose Telstra to criminal or civil liability; or (g) that contains fraudulent or misleading content, including, without limitation, fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims or representations.

Users are prohibited from facilitating the violation of any part of this AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP.  Users must comply with this AUP as well as the applicable rules, regulations, and policies of any network, bulletin board, newsgroup, website, ISP, or other service accessed through Telstra services.  In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application.

Email and Unsolicited Messages.

It is a prohibited use of the Telstra Network to engage in any spam or email abuse.  For example, Users may not (a) transmit or distribute unsolicited email messages which could reasonably be expected to provoke complaints; (b) accept, transmit or distribute unsolicited bulk email (which includes, without limitation, e-mail, bulletin boards, newsgroups, software, and files); (c) falsify user identification information, send data, or cause data to be sent, to or through the Telstra Network that hides or obscures the source of the data, that contains invalid or forged headers or domain names or deceptive addressing; (d) receive or collect responses from bulk unsolicited data whether the original was sent via the Telstra Network or not or hosting a web site to which recipients of bulk unsolicited data are directed; (e) relay data from a third party's mail server without permission or which employs similar techniques to hide or obscure the source of the data; (f) collect or harvest screen names or e-mail addresses of others for the purpose of sending unsolicited e-mails or for exchange; (g) send large or numerous amounts of data for the purpose of disrupting another's computer or account; (h) send data that may damage or affect the performance of the recipient's computer; and (i) persistently send data without reasonable cause or for the purpose of causing annoyance, inconvenience or needless anxiety to any persons. 

Sending “opt-out” bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Telstra, including without limitation, email, web FTP, and DNS services, is prohibited.  Users may not advertise, distribute or use software intended to facilitate sending “opt-out” email or harvest email addresses from the Internet for that purpose.  In addition, Users may not sell or distribute lists of harvested email addresses for the purpose of “opt-out” email.  Users who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by Telstra. 

Customers whose Users send unsolicited email in violation of the AUP may be charged the cost of labor to respond to complaints, with a minimum charge of $200.  Customers whose Users are listed on an industry recognized spam abuse list will be deemed in violation of this AUP.

System and Network Security. 

Users may not use Telstra Services to interfere with, to gain unauthorized access to or otherwise violate the security of Telstra's or another's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing.

Examples of Security Violations include but are not limited to: (a) intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses; (b) attempting to attack, breach, circumvent or probe, scan or test the vulnerability of the User authentication or security of any host, network, server, personal computer, network access and control devices, software or data (except in the case of authorized legitimate network security operations); (c) using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication; (d) distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations); (e) falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin; (f) distributing viruses, worms, trojan horses or other harmful software; (g) accessing material not intended for such user or logging into a server or account which such user is not authorized to access; (g) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, flooding", "mail bombing" or "crashing"; (h) taking any action in order to obtain services to which such user is not entitled;(i) “phishing”, that is simulating communications from and/or the website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service; (j)”pharming”, that is using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity  in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service, transmitting or receiving, uploading, using or reusing material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or similar third party rights; (k) attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document “use” of Telstra’s products and services; and utilizing any type of social engineering such as creating counterfeit websites, implementing any type of technical subterfuge, and/or installing or running any type of crimeware that results in the gathering of third party personal identity data, financial account credentials, or other private information. 

Violations of system or network security may result in civil or criminal liability. Telstra may involve, and will cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Customer Responsibilities. 

Customers remain solely and fully responsible for all use of the Telstra Network and Services by any Users, including any content transmitted, accessed, distributed or used by its Users.  Customers must affirmatively and contractually pass on the restrictions of this AUP to their Users, and take all steps necessary to ensure compliance by their Users with this AUP including without limitation, termination of the User’s ability to access the applicable Telstra Network and Services for violations of this AUP. 

Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute unsolicited email or improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse. 

Digital Millennium Copyright Act. 

It is Telstra policy to respond to proper notices of alleged copyright infringement pursuant to and in accordance with the Digital Millennium Copyright Act (the “DMCA”). 

The DMCA requires that Telstra take specific action upon notification of infringement of copyright.  It is Telstra policy to (1) block access or remove material that Telstra believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Telstra’s advertisers, affiliates, content providers, members, Users or subscribers; and (2) immediately and permanently remove and discontinue service to repeat offenders.  

In accordance with the DMCA, Telstra has designated the following agent to receive notifications of claimed copyright infringement: 

Jessica Muir-McCarey
Designated Agent
Telstra Incorporated
40 Wall Street, 40th Floor
New York, New York 10005
Telephone: (212) 863-2844
E-mail:  dmca@usa-telstra.com

All claims of an alleged copyright infringement must be submitted in writing in the form of a copyright infringement notification pursuant to 17 U.S.C. § 512(c)(3) to Telstra’s Designated Agent and include the following information:

(1) A physical or electronic signature of the copyright owner or person designated to act on his/her behalf;

(2) Identification of the allegedly infringed copyrighted work, including: (a) identity of the copyright owner, if not the complainant; (b) contact information for the complainant or person designated to act on his/her behalf, including address, telephone number and, if available, email address; (c) citation of the copyrighted work (author/creator, title/description, copyright date); and (d) a statement of copyright ownership;

(3) Identification of the host Web site and sufficient information to locate it including: (a) URL (Web address); and (b) date, time, and time zone the Web site was observed; and

(4) The complainant must further provide: (a) statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or the law; and (b) a statement that the information in the notification is accurate and, under penalty of perjury, that the complainant is authorized to act on behalf of the copyright owner.

Anyone who misrepresents that a product or activity is infringing may be liable for damages (including costs and attorneys’ fees) resulting therefrom, including without limitation, if Telstra relies on such information in disabling access to Service or a User account that Telstra believes is responsible for the alleged infringement or that Telstra believes may, contains material that is the subject of infringing activity.  Accordingly, if a complaining party is not sure whether material available online is infringing, Telstra suggests first contacting an attorney.

If Telstra removes or disables access to comply with the DMCA, Telstra will make a good-faith attempt to contact the owner, author, or administrator of each affected site so that they may make a counter notification pursuant to 17 U.S.C. §512(g)(2) and (3).  Where such counter notification is made, Telstra’s Designated Agent will promptly transmit a copy of the counter notification to the party.  It is Telstra policy to document all notices of alleged infringement on which Telstra acts.

Monitoring. 

Telstra has no obligation to monitor the Telstra Network and Services, but reserves the right to do so, including as required by Applicable Law, and remove any material or block access to Internet Sites in its sole discretion.  Telstra takes no responsibility for any material input by others and not posted to the Telstra Network by Telstra. Telstra is not responsible for the content of any other web sites linked to the Telstra Network; links are provided as Internet navigation tools only.

Definitions

Applicable Law means any law in force in a jurisdiction where the Services are being supplied or used or which regulates the supply or use of the Services and includes any applicable lawful determination, decision or direction of a government agency; any applicable obligations under any telecommunications license, any binding industry standard or industry code; and any applicable international convention or agreement.

Telstra Network and Services means the services which a Customer may order from Telstra, and Telstra may agree to provide to the Customer from time to time, and includes the network of any service provider from whom Telstra acquires Telstra internet or inter-related service, and including the web sites operated by Telstra.

User means each Telstra Customer to whom Telstra provides services, and all employees, agents, and third parties to whom Customer makes Telstra Services available.