Human Pixel’s Acceptable Use Policy applies to you if you are a Human Pixel Hosting Service Customer or User (‘you’). It is intended to ensure that your use of Human Pixel’s service is trouble free and that you have due regard to the law and the needs of other users.

Please look out for any amendments to the Policy that Human Pixel (‘we’) might make in the future. From time to time, we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.

In this policy, we use the following definitions:

‘ACMA’ means the Australian Communications and Media Authority.

‘Mobile Carrier Content Service’ is a content service that is controlled by a mobile carrier that is made available to end users in Australia, and hosted on servers within Australia.

‘Potentially Prohibited Content’ means that content that has not been classified by the Classification Board, but, if it were to be classified, there is a substantial likelihood that it would be Prohibited Content.

‘Prohibited Content’ means that content classified as RC or X18+ by the Classification Board or is classified R18+ and is not subject to a restricted access system.

‘Restricted Content’ means content that: is classified by the Classification Board R18+ (and in the case of Mobile Content MA15+ or R18+); or that has not been classified but, if it were to be classified by the Classification Board, there is a substantial likelihood that it would be classified R18+ (and in the case of Mobile Content MA15+ or R18+).

Spam means:

• commercial messages (including any offers, advertisements, promotions to supply goods, services, business or investment opportunities, or if the purpose of the message is to assist or enable a person to dishonestly obtain a gain from another person);
• sent to recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them; and
• delivered via electronic means including email, discussion groups, fax, SMS, MMS and Instant M

‘Users’ means users of the Service who have not obtained it as a Customer, but via a Customer who is authorised to resell the Services such as a Human Pixel partner.

1. Some General Principles

1.1 You should familiarise yourself with your legal responsibilities You can view your legal responsibilities in relation to:

 

• supervising and controlling children’s access to internet content;

• procedures which parents can implement to control children’s access to internet content, including availability, use and appropriate application of internet content filtering software; and
• obligations which may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation, at either of the following two websites:
  http://www.iia.net.au; or  http://www.acma.gov.au
• You are responsible for complying with conditions of use of other If we provide you with access to a network outside our Service, you must comply with any acceptable use conditions which apply to that network.

2. Unacceptable Uses

You must not use our Services, attempt to use our Services or allow the Services to be used in any way:

Breach of Law

2.1 Which results in you or Human Pixel breaching, or being involved in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation), a mandatory code of conduct, or a voluntary code of conduct that you have agreed to comply

Damage to property or people

2.2 Which results, or could result, in damage to property or injury to any person;

2.3 To harass, menace or stalk

Prohibited Content or Potentially Prohibited Content

2.4 To place on the internet, obtain through the internet or transmit using the internet any Prohibited Content or Potentially Prohibited

• Content which is (or would be) classified RC or X18+ by the Classification Board includes content that contains:

• detailed instruction in crime;

• child pornography;

• actual sexual activity.
• Content which is (or would be) classified R18+ includes content that contains implied or simulated sexual activity.

Restricted Content

2.5 To provide content that is likely to be considered unsuitable for minors (even though the content may not be Prohibited Content or Potentially Prohibited Content) without using appropriate warnings and/or labelling systems for that content;

2.6 To provide Restricted Content on a Mobile Carrier Content Service to an end user if the end user has not ‘opted in’ for Restricted Content and without taking reasonable steps to ascertain that the end user is not a minor.

Protection of minors

2.7 Which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;

Discrimination

2.8 Which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality;

Obscene, defamatory, offensive and abusive

To send, display or be otherwise involved in material which is obscene or defamatory;

2.9 Which is, or which would be considered by a reasonable person to be, offensive or abusive;

Illegal business practices and gambling

2.10 To engage in any misleading or deceptive business or marketing practice;

2.11 That involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

The rights of others

2.12 Which infringes Human Pixel’s or any other person’s rights (including intellectual property rights and moral rights);

2.13 Which constitutes a misuse of Human Pixel’s or any other person’s confidential information; or

2.14 Which results in a breach by you of any obligation that you owe to any

Human Pixel’s Service

2.15 Undertake any activity which impedes Human Pixel’s ability to provide its Service;

2.16 Make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;

2.17 Undertake acts that waste resources or prevent other users from receiving the full benefit of our services;

2.18 To solicit subscribers to become subscribers of other competitive services

2.19 Resale of our Services to others is strictly forbidden under all circumstances unless expressly approved by Human Pixel in writing

 

3.  Spamming

3.1 You must not use our Services, attempt to use our Services or allow our Services to be used:

• To send, cause the sending of or otherwise be involved in the sending of Spam;

• Provide a capability on a Human Pixel hosted site which permits third parties to send Spam from a Human Pixel server;

• In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity [including a denial of service attack], that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data belongs to Human Pixel or anyone else);

• To access or use Human Pixel’s or anyone else’s systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

• To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;

• Send electronic chain letters;

• To manipulate or bypass Human Pixel’s content usage limits;

• Send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;

• Undertake activities which cause or may cause third party service providers to place Human Pixel’s internet protocol (IP) addresses on a blacklist and/or block those IP addresses;

• Distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;

3.2 We support increasing awareness of our Customers about spam and how it can be managed. Human Pixel uses spam and virus filters and encourages our customers to use spam and virus filters. You agree to Human Pixel’s use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters. Further information about these products can be found at the website of the Internet Industry Association at www.iii.net.au/nospam/

4. Third Party Complaint Process

4.1 From time to time, Human Pixel receives complaints from third parties (‘Complaints’) regarding unacceptable uses, allegedly being conducted by Customers or their Human Pixel will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints that are the subject of court order or proceedings, or where Human Pixel reasonably believes that it must take urgent action without reference to the Customer.

4.2 If Human Pixel is unable to resolve the complaint by working with Customers, Human Pixel’s policy is to put the complaining party in direct contact with the party best able to answer the Accordingly, Human Pixel’s Customers authorise and direct Human Pixel to provide to third party complainants the relevant Customer’s email contact details.

4.3 You have a right to complain to the ACMA about If you become aware that a website hosted by Human Pixel contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to ACMA by contacting them through their website at www.acma.gov.au/ hotline.

5. What We May Do to Ensure That This Policy is Being Followed

5.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed

5.2 If we monitor the conduct of your account we will safeguard your privacy subject to the terms of our Privacy Policy.

5.3 We may suspend or terminate your account and/or notify the If we believe that your use of the Service may break the law or that you have not complied with this policy we may:

• warn you by email (but we are not obliged to do so);
• suspend your access to the Service;
• terminate your account without notice; and/or
• notify and provide relevant information to the authorities, as appears appropriate in the circumstances

5.4 In the event of taking action under 5.3, we reserve the right to delete any or all of your information, material, software or other content stored on our system at our sole discretion.

5.5 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

• where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party’s rights; and
• if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended);
• if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).

5.6 You agree that you will have no claim against Human Pixel in respect of any action reasonably taken by Human Pixel in its implementation of the terms of this Acceptable Use Policy, and you indemnify Human Pixel against any claim by a User arising out of the same.