1. Introduction
At Daraco IT Services, we are proud of the quality of our networks, systems and services and we want our Customer’s to get the most out of them. In order facilitate their proper use, we have prepared this AUP. These terms outline the lawful use of our network, systems and services while ensuring that Daraco IT Services remains compliant with relevant laws and regulations.
This AUP applies to any user who accesses our services. When we refer to “you” in this AUP, we are also referring to your officers, employees, contractors, agents, end users, affiliates and anyone else who uses the Service Daraco IT Services are providing to you. Compliance with the Daraco AUP is a condition of your access to the Daraco IT Services website and your agreement with us.
This AUP should be read in conjunction with our Privacy Statement.
2. Unacceptable Use
All users accessing Daraco’s Services must not break any laws or infringe the rights of others. You must not use the Services in any way that is considered unlawful or interferes with the use of Daraco’s network or systems or the rights of third parties (including providers and users). In particular, if you are using our Service you must not use any of our networks, services or systems to:-
2.1 abuse, menace, harass, intimidate or stalk anyone;
2.2. break the law or induce unlawful activity;
2.3. access, download, store, disseminate, reproduce, distribute, publish or commercially exploit, abusive, deceptive, obscene, defamatory, offensive, threatening or otherwise inappropriate content or materials.
2.4 access, store, reproduce distribute, publish or commercially exploit any information or material of any ,and that infringes copyright, patent, trade mark, design or other intellectual property right or the rights of others.
2.5 to send, relay or distribute any electronic data, the contents or properties of which have been manipulated for the purpose of maliciously or illegally impersonating or obscuring the original source of that data excluding the use of Virtual Private Networks or similar concepts in circumstances where this is legal and otherwise complies with this Policy;
2.6 interfere with degrade or deny service to, impair the use of, or subvert the security or privacy of Daraco’s services, networks, equipment, data or information; or those of another person, without written consent to do so; or manipulate or bypass any limitations on the Service by any means.
2.7 engage in any unreasonable activity which impairs the ability of other people or systems to use our Services or the Internet. This includes any malicious activity resulting in an adverse effect such as denial of service attacks against another network host or individual user, flooding of a network, overloading a service, improper seizing or abuse of operator privileges, and attempts to harm a system or network.
2.8 use the Daraco Services to send, allow to be sent, or assist in the sending of Spam, use or distribute any software designed to harvest email addresses; or otherwise breach the Spam Act 2003 or any regulations made under the Spam Act 2003.
3. Your responsibilities
Unless services are provided by Daraco, you are responsible for ensuring that the systems and machines that connect to and use the Services are secure. This includes but is not limited to the installation and maintenance of antivirus and firewall software; the application of software patches and updates; undertaking prudent security measure such as changing individual passwords regularly.
Further, you are responsible for all material created, hosted, posted, downloaded or uploaded from your systems and machines. Daraco is not responsible for any materials created, hosted, posted, downloaded or uploaded by you or any third party. Daraco is also not responsible for the content of any websites that are hosted on or accessible using our network or systems. Any links to third party websites are provided for navigation purposes only.
You are responsible to ensure that anyone who uses or accesses Daraco Services does not conduct any of the prohibited activities above. Any breach by such uses shall be deemed to be your breach.
4. Enforcement
We will advise you of any relevant notifications relating to the enforcement of this AUP to the address or email address that we have for you on our records.
Where Daraco determines that there have been a breach of this AUP or if the law or regulatory authority requests us to do so, we reserve the right to take remedial action, which depending on the security and effect of the breach of this policy may include any or a combination of the following:-
4.1 a warning that any continuation of a breach of this policy will result in us immediately termination or suspension of your Services;
4.2 the reporting of your activities or conduct to the appropriate authorities;
4.3 the immediate termination, limiting, restricting or suspension of your Services
Note that Daraco’s right to terminate or suspend the Services includes, but is not limited to suspension or termination in response to infringements of copyright.
Failure by Daraco Services to notify you of any suspension or termination of Services is without admission or liability and Daraco reserves the right to take any other legal or technical action it deems appropriate including taking action for any breach of this policy such as the recovery of costs and expenses associated with the enforcement of this policy.
Where any internet use causes a loss to third parties and Daraco Services are required to pay compensation, we reserve the right to seek and enforce reimbursement from you.
5. Changes to the AUP
Daraco reserves the right to change or modify the terms of this AUP at any time and these changes will be effective when posted on our website at https:daraco.com.au/aup. You will be deemed to have accepted any changes or additional terms if you continue to use Daraco Services after such changes to the AUP are posted to our website.
You may send notification of any actual or suspended violations of this AUP to helpdesk@daraco.com.au.
