a.       If you have an agreement with AlphaCall Telecommunications for a service ("Service") that includes or incorporates this Acceptable Use Policy ("AUP"), you must comply with this AUP when you use that Service.

b.       A reference to "you" in this AUP includes a reference to your officers, employees, contractors, agents and anyone else (other than Telstra or its representatives) who uses the Service

2.       What you cannot use the Service for

a.       You must not use the Service, attempt to use the Service or allow the Service to be used in any way:

                                                               i.            which results in you or AlphaCall Telecommunications breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;

                                                             ii.            which results, or could result, in damage to property or injury to any person;

                                                            iii.            To harass, menace or stalk people;

                                                            iv.            which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;

                                                              v.            which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;

                                                            vi.            to send, display, access, make available, publish, distribute or be otherwise involved in material which is obscene, defamatory or is, or would be regarded by Telstra, acting reasonably, as, in all the circumstances, offensive;

                                                           vii.            which is, or which would be considered by a reasonable person to be, offensive or abusive;

                                                         viii.            to engage in any misleading or deceptive business or marketing practice;

                                                            ix.            that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

                                                             x.            which infringes AlphaCall Telecommunications’ or any other person's rights (including intellectual property rights and moral rights);

                                                            xi.            which results in a breach by you of any obligation that you owe to any person

                                                          xii.            which results in a breach by you of any obligation that you owe to any person

3.       What you cannot use the service to

a.       You are not authorized to access AlphaCall Telecommunications’ computer systems or networks for any purpose other than to use the Service in accordance with this AUP and your agreement with AlphaCall Telecommunications for supply of the Service.

b.       You must not:

                                                               i.            interfere with the proper operation of the Service or any other part of AlphaCall Telecommunications’ network or systems;

                                                             ii.            Use the Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms;

c.       You must not use the Service, attempt to use the Service or allow the Service to be used:

                                                               i.            to send, cause the sending of or otherwise be involved in the sending of, SPAM or USENET SPAM; SPAM means:

1.       Unsolicited commercial electronic messages as defined in the Spam Act 2003 (Cth) sent in breach of the Spam Act; or

2.       Bulk electronic messages of any kind (including email, fax, SMS and ICQ messages). Bulk means 20 electronic messages over a 10 minute consecutive period.

USENET SPAM means Excessive electronic Newsgroup messages. Excessive means posting the same or substantially the same message ("Message") to one or more Newsgroups resulting in a Breidbart Index of 20 or more. A Breidbart Index is calculated by multiplying the number of Messages by the square root of the number of Newsgroups that they are posted to over a consecutive 45 day period.¹

d.       in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorized control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is AlphaCall Telecommunications’ or anyone else's);

e.       to access or use Telstra's or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

f.        to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you; or

g.       To manipulate or bypass AlphaCall Telecommunications’ content usage limits by any means including connecting multiple modems to the Service

4.       Other obligations related to SPAM and USENET SPAM

a.       You must not benefit from SPAM or USENET SPAM (which includes causing or requesting any of your details to appear in SPAM or USENET SPAM and/or receiving responses to SPAM or USENET SPAM).

b.       You must not purchase, create, use, distribute, sell or otherwise be involved in software, services or lists of sites, addresses, numbers or other identifiers of any kind (including email addresses and phone numbers) that are used to promote, send, or assist with the sending of, SPAM or USENET SPAM.

c.       If you send Bulk solicited electronic messages, then:

                                                               i.            you must include in each message, an email address, telephone number, facsimile number or mailing address that can be used to notify; and

                                                             ii.            if you are sent an Opt Out Notice, then you must immediately comply with the notice

5.       Email messages

a.       We set limits on the size of emails sent to or by you, the period for which email messages can be stored and the maximum disk space that will be allotted on AlphaCall Telecommunication’s servers for your Service. These limits are set out in the Plan Table for your chosen plan ("Mail Quota").

b.       We will delete any electronic mail message sent by you or addressed to you if:

                                                               i.            the size of the mail message addressed to you (including attachments) exceeds your Mail Quota; or

                                                             ii.            the size of the mail message sent by you (including attachments) exceeds 10 MB; or

                                                            iii.            the total of your undeleted messages (including attachments) exceeds your Mail Quota; or

                                                            iv.            You have not deleted the message within 180 days of it becoming available to you (whether read or unread). We recommend that you delete emails on a regular basis. Once deleted, the message will not be able to be retrieved.

c.       You will not send any electronic mail message via SMTP that is sent using a server other than the AlphaCall SMTP server, unless we otherwise agree with you.

d.       We will delete any electronic mail message where the message has been stored in the Deleted, Spam, or Outbox folders 7 days after the message becomes available to you or was sent by you.

e.       If we delete any electronic mail messages under the terms of this agreement we are not required to notify you or the sender of the mail message(s).

f.        If your Service is cancelled, we may delete any stored or received emails in your email account after 30 days