(Last updated - 20 April 2003)
| 1. | OBJECT |
| 1.1 | The Australian Public Access Network Association, Incorporated('APANA®') Management Committee ('Committee') controls a private telecommunications network of computers owned and operated by the members of APANA® ('Network')(tm). The Connection Services provided for in the Connection Services Terms and Conditions are provided as a common service for the members of APANA®. |
| 1.2 | The primary function of the Network is to support the free transfer of information to and from APANA® Members ('Members'), subject to the terms of this policy. |
| 2. | ACCEPTABLE USE |
| 2.1 | Member Traffic |
| Subject to this policy, traffic to and/or from Members is considered acceptable use of the Network. | |
| 2.2 | Attached Network Traffic |
| (a) | Traffic originating from or entering networks attached to the Network ('Attached Networks') must meet both this policy and the acceptable use policies of those networks for such use to be acceptable under this policy. | ||
| (b) | As effective capacity between Attached Networks may be limited, the Committee may from time to time publish guidelines on acceptable traffic volumes between the Network and any Attached Network(s). Non compliance with any said guideline is unacceptable use. |
| 2.3 | Commercial Use |
| (a) | It is unacceptable use to engage in any form of trade or commerce*, whether for profit or otherwise, and, in that regard, use, whether directly or indirectly, the Network. | ||
| (b) | A domain name may only be hosted on the APANA Network if the domain name registrar has a policy, charter or condition which limits the use of the domain name to non-commercial purposes, or with the approval of the responsible Regional Committee. Without limitation, .org and .org.au domain names may be hosted on the Network without Regional Committee approval but .com and .com.au domain names may not. |
| 2.4 | Connecting Non-Members |
| Connecting any computer, network, system or any other equipment ('Equipment') to the Network is unacceptable use: |
| (a) | unless the Committee provides its prior informed consent; or | ||
| (b) | the Member or Members in question demonstrate to the Committee's satisfaction that he or she adequately controls the Equipment in question. |
| 2.5 | Non-Member Use |
| Every Member must ensure that all access to the APANA network by non-members using his/her Equipment complies with this Network Acceptable Use policy and the rules of APANA, otherwise the Member is deemed to have engaged in unacceptable use. | |
| 2.6 | Unlawful or Illegal Use |
| The Network or any other APANA facilities cannot be used by any Member or Members, whether directly or indirectly, whether knowingly or otherwise, for any conduct that may, in the Committee's opinion, be unlawful or illegal, including, and without limitation, any conduct that fails to satisfy any provisions of any legislation, regulations or other subordinate legislation, including the Telecommunications Act. |
| NOTES |
| A.1 | The Committee shall be the final arbiter of the interpretation of this policy. | |
| A.2 | The Committee may, at its option, use any of the powers set out in Clause 9.1 of APANA's Rules where it considers a Member has at any time engaged in unacceptable usage of the Network. | |
| A.3 | *Examples of 'trade or commerce' for the purposes of paragraph 2.3 of this policy include, but are not limited to: |
| - | advertising a good or service (where the good or service is not provided free) in news or on a WWW page; | |||
| - | selling goods or services over the Network; | |||
| - | using the incentive of access to the Network to procure business; | |||
| - | acting on behalf of or otherwise representing a commercial organisation; and | |||
| - | operating an APANA® member access site for a profit. |
| These examples are merely illustrative. They are not intended to be exhaustive and cannot take precedence over paragraph 2.3 of the Acceptable-Use Policy. |
| The bottom line is as follows: |
| The receipt of any money or the equivalent in kind ('Money') in any respect of the supply of services provided to the Member by APANA constitutes a 'commercial use' for the purposes of this Acceptable Use Policy where the said receipt would be considered taxable income under the Income Tax Assessment Act. | |
| A Regional committee has the power to adjudicate whether a use is commercial for the purposes of this Acceptable Use Policy. The Management Committee may overrule that determination, replacing it with its own determination, where objections are received from members of the Region. |
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