1.1 This Acceptable Use Policy (Policy) covers all Datacom Group entities and affiliates (Datacom/we) in countries in which they operate and is subject to the applicable laws in the relevant jurisdiction where the entity operates. This Policy sets out the minimum standards of acceptable use of Datacom's products and services (collectively, Services).
1.2 This Policy applies to the use of any of Datacom's Services by our customers and their employees, agents and contractors, third-party service providers and other end-users (Users).
1.3 We may change this Policy from time to time by publishing an updated version on our website. Users will be deemed to have accepted the updated terms by continuing to consume the applicable Services.
2 Prohibited use of Services
2.1 Users must comply with all applicable laws and regulations when using the Services and will not use, or allow any use of, the Services for illegal or improper purposes.
2.2 Users are responsible and liable for their acts and omissions in breach of this Policy.
2.3 Users are solely responsible for the content, materials and data uploaded in connection with the Services including applications and other software that Users install or use in Datacom’s network.
2.4 Users must not use the Services to distribute email, instant messages, text messages or other communications in an unacceptable or illegal manner including, without limitation:
(a) create or send hoax emails or chain emails;
(b) create or send spam emails;
(c) create or send spoofed emails; and
(d) create or use open relays email software.
2.5 Users must not use the Services or allow the Services to be used to gain unauthorised access to computer systems or engage in security attacks of any kind including, without limitation:
(a) password cracking, Internet protocol (IP) spoofing and DNS poisoning;
(b) malware such as computer viruses, worms, Trojan horses, rootkits, keyloggers, spyware, or other malicious programs and code;
(c) denial of service and email bombs; and
(d) corrupt, modify or intercept electronic communications intended for any other person or entity.
2.6 Users must not use the Services to:
(a) conduct or engage in any illegal business or activity;
(b) misappropriate or infringe any third-party intellectual property right (for example, copyright, patents, trade marks, trade secrets or know-how);
(c) collect, copy, or process information in a way that breaches data protection or privacy laws; or
(d) create, distribute, process, or view any: defamatory, obscene, indecent, pornographic, racist, sexist, or otherwise discriminatory, misleading, deceptive, fraudulent, offensive, or illegal material.
3 Law enforcement, suspension and termination
3.1 Datacom reserves the right, at any time, at its sole discretion, to investigate any suspected breach of this Policy or misuse of the Services.
3.2 We may block access to Users' content or remove it from the Services if we have reasonable grounds to suspect that it breaches this Policy. We will use reasonable efforts to notify affected customers.
3.3 We may be required to cooperate with courts and judicial bodies, police and law enforcement authorities, regulators, and other competent third parties to help with the investigation and prosecution of illegal conduct. This cooperation may include disclosing information and data about the Services and their usage. Unless Datacom is prevented by law or a competent authority from doing so, Datacom will use reasonable efforts to notify affected Users.
3.4 If any User breaches this Policy or otherwise misuses the Services or allows others to do so, Datacom may suspend or terminate the Services immediately and without notice in order to protect other Users and the Services. We will use reasonable efforts to notify affected Users of any suspension and discuss in good faith how the suspension can be either avoided or removed.
3.5 If we consider that the breach can be remedied without suspending access to the Services, we will request that the User remedies the breach within the time period that we specify. If the breach is not remedied within that time period, we reserve the right to suspend or terminate the User's access to the Service. If the breach continues and the User fails to remedy the breach within 14 days of written notice, we reserve the right to terminate the Services.
4 Guardianship of Services
4.1 In order to maintain and safeguard the network and equipment that has been provided by Datacom, Users must:
(a) following a service request from Datacom, provide Datacom with reasonable and safe access to the User's premises to manage, maintain, and repair (including fixing any faults) the Datacom network and equipment;
(b) follow Datacom’s reasonable requirements and instructions when connecting to the Datacom network or any Datacom equipment;
(c) comply with applicable laws and industry standards and codes when establishing or maintaining a connection to the Datacom network; and
(d) only allow personnel that are agreed and authorised by Datacom to work on or around the Datacom network or equipment.
4.2 Datacom and the User will consult and cooperate on taking proactive measures to prevent or eliminate any use of the Services in breach of this Policy.
4.3 Datacom may take any steps it reasonably considers appropriate to minimise any detrimental effects of high-impact demands on the Datacom network or Services. Users must use all reasonable efforts to inform Datacom in advance of any event or circumstance which may be expected to result in high-impact demands on the Datacom network or Services.
4.4 Datacom’s network or Services may at times be affected by the performance of Users' networks and vice versa. If that occurs, the affected party (Affected Party) may require the other party to consult with it within a reasonable timeframe to discuss in good faith and endeavour to agree on the steps the other party will take, and the timeframes for taking those steps, to mitigate any detrimental impacts on the Affected Party's network or Services.