Fair Use Policy

1. The following Policy relates to Your use of the Services. It is designed to make sure we can give You Services that are great value, fast and reliable.

2. We reserve the right to deny or restrict Your Services, or immediately to suspend or terminate your Services, if the use of Your Services by You or anyone using it (at Our sole discretion) violates the terms of this FUP.

Prohibited activities

3. You must make sure that any use of the Services, by You or anyone else via Your account, complies with Our FUP. If you (or anyone else using the Services via your account) breach this FUP, we may:

(a) give you Notice to stop or moderate the unacceptable use(s); or

(b) terminate or suspend your Services, with or without notice as we consider appropriate, under the Terms.

4. This FUP is in addition to the General Terms of Use. If there’s any inconsistency between this FUP  and the Terms, this FUP will prevail.

5. You must not use the Services for:

(a) unlawful, fraudulent, criminal or otherwise illegal activities;

(b) sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;

(c) commercial purposes, unless:

(i) you are working from home as a sole trader in business on your own account; or,

(ii) you are a Business Customer and you use the service only in the ordinary course of your business; and provided that in either case, any such use of the Services is always subject to paragraph (j) below:

(d) sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters, except if you are working from home as a sole trader in business on your own account or you are a Business Customer and in either case you are permitted to send marketing communications in accordance with the Privacy and Electronic Communications Regulations;

(e) knowingly or negligently creating, transmitting, storing, publishing or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, Trojans or any other similar software or program) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by us or any other Internet user or person;

(f) activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person;

(g) activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;

(h) anything that may disrupt or interfere with our network or Services or cause a host or the network to crash;

(i) launching ‘denial of service’ attacks; ‘mailbombing’ attacks; or ‘flooding’ attacks against a host or network;

(j) granting access to the Services to others not located at the premises at which the Services are connected, or, in any way reselling or re-providing the Services to third parties;

(k) making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments; or circumventing the user authentication or security process of a host or network.

Security

6. You are responsible for ensuring that security information remains confidential, so that the network cannot be used by any unauthorised person.

7. The security information includes, but is not limited to, information controlling access to:

(a) any equipment, computer hardware systems or networks;

(b) any computer software or applications; or

(c) any other Services accessed by You in the use of either of the above.

8. You shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.

9. You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.

10. If you share access with others (for example, your flatmates) any downloads they make will be counted as Your use and count towards any monthly download allowance or excessive usage.

Usage by anyone else

11. You are responsible for all use of the Services through your account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that we are not responsible for any of your activities in using the network.

12. It’s your responsibility to determine whether any of the content accessed via the Services is appropriate for children or anyone else in your household or office to view or use.

Excessive network or VoIP usage

13. For our VoIP services and/or for our “NO DATA CAP”/unlimited packages you can make as many local and national landline calls and/or respectively download or upload as much as you like but your usage must be within our customers’ average and estimated use patterns.If we feel that your activities are so excessive that other customers are detrimentally affected, we may give you a written warning (by email or otherwise). We also reserve the right to put your access to network in low priority queue and/or slow down or limit/manage the traffic flow to your access. In extreme circumstances, if the levels of activity don’t immediately decrease in line with our instructions after the warning, we may terminate or suspend your Services.

SPECIFIC EXAMPLES OF FUP VIOLATIONS

14. The following are examples of conduct which may lead to termination of your Service. It is a violation this FUP to: 

(a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Us or any other entity, or to penetrate Our security measures or any other person’s computer system, or to attempt any of the foregoing; 

(b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, “spamming”, “flaming” or denial of service attacks; 

(c) intercept, interfere with or redirect email or other transmissions sent by or to others; 

(d) introduce viruses, worms, harmful code or Trojan horses on the internet; 

(e) engage in conduct that is defamatory, fraudulent, obscene or deceptive; 

(f) violate Wireless Nation’s or any third party’s copyright, trademark, proprietary or other intellectual property rights; 

(g) engage in any conduct harmful to Our network, the internet generally or other internet users; 

(h) generate excessive amounts of email or other Internet traffic; 

(i) use the Services to violate any of Our rules, policies or guidelines;

(j) use the Services in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism.

COPYRIGHT INFRINGEMENT/REPEAT INFRINGER POLICY

15. We respect the intellectual property rights of third parties. You may not store any material or use Our systems or Servers in any manner that constitutes an infringement of third party intellectual property rights, including under Copyright Law. 

16. In accordance with Copyright Law, it is Our policy to suspend or terminate, in appropriate circumstances, the Services provided to You if we (in Our sole discretion) deem that You have:

(a) infringed third party intellectual property rights;

(b) repeatedly infringed copyrights; or

(c) otherwise engaged in conduct which warrants such action.

17. These policies are in addition to and do not affect or modify any other rights We may have under law or contract. 

18. If you believe that copyright material has been used in violation of this policy or otherwise been made available on the Services in a manner that is not authorized by the copyright owner, its agent or by law, please contact Our legal team by writing to P.O Box 91359, Victoria Street West, Auckland 1142, New Zealand, Attention: legal team.

19. We may, but are not required to, monitor Your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this FUP. You acknowledge that We shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Services, including but not limited to content that violates the law or this Agreement.