Acceptable Use Policy

This Acceptable Use Policy covers the products, services, offers and technologies (collectively referred to as the “Products”) provided by Monica Susan Kinloch (I/we/us/our) under any ongoing agreement. It is designed to protect us, our customers, and the general internet community from unethical, irresponsible, and illegal activity.

Any of our customers found engaging in activities prohibited by this Acceptable Use Policy may be liable for service suspension and account termination. In extreme cases, we may be legally obligated to report such customers to relevant authorities.

This Policy was last reviewed on 05 January 2024.

1. FAIR USE

   We provide our facilities with the assumption that your use will be ‘business as usual’ as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

   We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect that our customers and, where applicable, their users (“end users”) likewise engage our Products with similar intent.

2. CUSTOMER ACCOUNTABILITY

   We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorised basis as a result of the customer’s failure to put in place reasonable security measures.

   By accepting Products from us, our customers agree to ensure adherence to this Policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

   If a customer – or their end-user or anyone using our Products as a result of the customer – violates our Acceptable Use Policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our Acceptable Use Policy.

3. PROHIBITED ACTIVITY

   3.1  COPYRIGHT INFRINGEMENT AND ACCESS TO AUTHORISED MATERIAL
   Our Products must not be used to transmit, distribute, or store any material in violation of any

   applicable law. This includes but is not limited to:

   a)  Any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation; and

   b)  Any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

   The customer is solely responsible for all material they input, upload, disseminate, transmit, create, or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

   3.2  SPAM AND UNAUTHORISED MESSAGE ACTIVITY

   Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but is not limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

   Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but is not limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

   We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

   This spam and unauthorised message activity Policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

   3.3  UNETHICAL, EXPLORATORIVE, AND MALICIOUS ACTIVITY

   Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this Acceptable Use Policy, or the Acceptable Use Policy of other service providers. This includes but is not limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.

   Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorised to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

   Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

   Our Products must not be used for purposefully engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.

   Other activities considered unethical, exploitative, and malicious include:

   a)  Obtaining, or attempting to obtain, services from another provider with the intent to avoid payment;

   b)  The unauthorised access, alteration or destruction, or any attempt thereof, of any information about our customers or end-users, by any means or device;

   c)  Using our facilities to interfere with the use of our facilities and network by other customers or authorised individuals;

   d)  Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone’s health and safety;

   e)  Any act or omission in violation of consumer protection laws and regulations; and

   f)  Any violation of a person’s privacy.

   Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

   3.4  UNAUTHORISED USE OF OUR PROPERTY

   We prohibit the impersonation of us, the representation of a significant business relationship with us, or ownership of any of our property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.

4. ABOUT THIS POLICY

   This Policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

   We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

   a)  The date the customer uses our Products after we publish the revised version on our website; or

   b)  30 days after we publish the revised version on our website.