The Company : Sky Internet Kiosks Pty Ltd. Trading as HiSpeed Internet Kiosks Branded as HiSpeed Internet and HiSpeed Internet Kiosks
It is our intent to provide our customers with the best Internet service possible. In order to accomplish this task, we have adopted this Acceptable Use Policy (the “AUP” or “Policy”). This Policy outlines acceptable use of the Hi Speed Kiosks High-Speed Internet service (the “Service”), as well as permissible and prohibited conduct for using the Service to access the Internet.
It is the responsibility of all Hi Speed Kiosks High-Speed Internet customers and all others who have access to Hi Speed Kiosks’ network (“customer,” “you,” or “your”), to comply with this AUP and all Hi Speed Kiosks policies.
Failure to comply with these or any other Hi Speed Kiosks policies could result in the suspension or termination of your Service. If you do not agree to comply with all of these policies including the AUP, you must immediately stop use of the Service and notify Hi Speed Kiosks so that your account may be closed.
Note: Hi Speed Kiosks reserves the right to immediately terminate the Service if you engage in any of the prohibited activities listed in this AUP or if you use the Hi Speed Kiosks Equipment or Service in a way which is contrary to any Hi Speed Kiosks policies.
Prohibited Uses and Activities
Prohibited uses include, but are not limited to, using the Service, or the Hi Speed Kiosks Equipment to:
1. Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
2. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
3. Access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;
4. use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analysers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;
5. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;
6. copy, distribute, or sublicense any software provided in connection with the Service by Hi Speed Kiosks or any third party, except that you may make one copy of each software program for back-up purposes only;
7. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
8. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Hi Speed Kiosks host, server, backbone network, node or service, or otherwise cause a performance degradation to any Hi Speed Kiosks (or Hi Speed Kiosks supplier) facilities used to deliver the Service;
9. resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (i.e. wi-fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis. The Service is for personal and non-commercial use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose, or as an end-point on a non-Hi Speed Kiosks local area network or wide area network;
10. Transmit unsolicited bulk or commercial messages or “spam.” This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
11. send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service;
12. distribute programs that remove locks or time-outs built into software (cracks);
13. initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;
14. participate in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
15. collect responses from unsolicited messages;
16. impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
17. service, alter, modify, or tamper with the Hi Speed Kiosks Equipment or Service or permit any other person to do the same who is not authorized by Hi Speed Kiosks;
18. connect the Hi Speed Kiosks Equipment to any computer;
19. collect, or attempt to collect, personal information about third parties without their consent;
20. interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host; and
21. Violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access.
You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of the kiosk, including any data stored or shared on that kiosk.
Inappropriate Content and Transmissions
Hi Speed Kiosks reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, and regardless of whether this material or its dissemination is unlawful. Neither Hi Speed Kiosks nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Hi Speed Kiosks and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them.
Network, Bandwidth, Data Storage and Other Limitations
Hi Speed Kiosks may provide versions of the Service with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable Service plans. You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user’s use of the Service, nor represent (in the sole judgment of Hi Speed Kiosks) an overly large burden on the network. In addition, you shall ensure that your use of the Service does not restrict, inhibit, interfere with, disrupt, degrade, or impede Hi Speed Kiosks’ ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.
You further agree to comply with all Hi Speed Kiosks network, bandwidth, and data storage and usage limitations. You shall ensure that your bandwidth consumption using the Service does not exceed the limitations that are now in effect or may be established in the future. If your use of the Service results in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Policy. In such cases, Hi Speed Kiosks may, in its sole discretion, charge an excess fee or if necessary terminate or suspend your Service account or request that you subscribe to a version of the Service with higher bandwidth usage limitations if you wish to continue to use the Service at higher bandwidth consumption levels.
No liability for failure of Hi Speed service Hi Speed kiosks does not accept responsibility for any direct, indirect, incidental, special or consequential loss or damage resulting from the use or the inability to use the Hi Speed kiosk or wireless internet service, software, or any Hi Speed physical device including but not limited to, damages for loss of profits, use, data or other intangible, even if Hi Speed kiosks has been advised of the possibility of such damages.
No liability for third party networked devices Hi Speed kiosks does not accept responsibility for any direct, indirect, incidental, special or consequential loss or damage to any equipment or device connected to the Hi Speed network of kiosks via the USB slot, via wireless connection or any other connection method at any time including but not limited to, damages for loss of profits, use, data or other intangible, even if Hi Speed kiosks has been advised of the possibility of such damages. This includes but is not limited to devices such as laptops, PCs, phones, PDA’s, digital photo/video cameras and digital music players such as IPOD’s. If you need technical assistance with your networked devices you must contact the manufacturer as Hi Speed is not authorised to offer assistance. Hi Speed assumes no responsibility for damage, theft, or loss of any kind to a user’s equipment, software, data files or other personal property whilst at the kiosk. Hi Speed is also not liable for injuries to persons and/or property arising out of, or in connection with, the use of any networked device or any other equipment provided or services or software furnished by us or from the installation or repair of any networked device or any other equipment.
No liability for technical assistance Although Hi Speed uses best endeavours to provide a good level of technical support we are not able to provide technical assistance immediately in every instance, and due to the possible mechanical failure that is beyond our control there is no guarantee that you will be able to make open an internet session both at our kiosks or using our wireless services.
No warranty that services will meet your requirements
Hi Speed kiosks makes no warranty that the kiosk and wireless services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does Hi Speed kiosks make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained or delivered through the services or that defects in the software will be corrected.
No warranty for security of internet transactions
There are inherent limitations with secure transaction processing over the internet. You must use your own judgement to determine whether the services meet your required level of security. Any breaches of security from kiosk and wireless internet services is at your sole risk and Hi Speed Internet Kiosks expressly disclaims any liability for security breach.