WME Group (ABN 79 134 954 279)
This is WME Group’s Acceptable Use Policy. It applies to you if you are a WME Customer or User (“you”). It is intended to ensure that your use of WME’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 WME (“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 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 ICQ messages.
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 WME Partner.
1.1 You should familiarise yourself with your legal responsibilities. You can view your legal responsibilities in relation to:
1.2 You are responsible for complying with conditions of use of other networks. 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.
2.1 You must not use our Services, attempt to use our Services or allow the Services to be used in any way:
Breach of Law
Damage to property or people
Prohibited Content or Potentially Prohibited Content
Restricted Content
Protection of minors
Discrimination
Obscene, defamatory, offensive, abusive
Illegal business practices and gambling
The rights of others
WME’s Service
2.2 Resale of our Services to others is strictly forbidden under all circumstances unless expressly approved by WME in writing.
3.1 You must not use our Services, attempt to use our Services or allow our Services to be used:
3.2 We support increasing awareness of our Customers about Spam and how it can be managed. WME uses spam and virus filters and encourages our customers to use spam and virus filters. You agree to WME’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 web site of the Internet Industry Association at www.iia.net.au.
4.1 From time to time, WME receives complaints from third parties (“Complaints”) regarding unacceptable uses, allegedly being conducted by Customers or their Users. WME will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where WME reasonably believes that it must take urgent action without reference to the Customer.
4.2 If WME is unable to resolve the complaint by working with Customers, WME’s policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, WME’s Customers authorise and direct WME 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 content. If you become aware that a web site hosted by WME contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to ACMA by contacting them through their web site at www.acma.gov.au/hotline.
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 authorities. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:
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:
5.6 You agree that you will have no claim against WME in respect of any action reasonably taken by WME in its implementation of the terms of this Acceptable Use Policy, and you indemnify WME against any claim by a User arising out of the same.
