WebWorx International Acceptable Use Policy
WebWorx International Pty Limited (ACN 085 974 072)
This is WebWorx International's Acceptable
Use Policy. It applies to you if you are a WebWorx International
Customer or User ("you"). It is intended to ensure that
your use of WebWorx International's service is trouble free and
that you have due regard to the law and the needs of other users.
Please read it carefully. It is a condition
of your use of our service that you comply with the terms of this
Please look out for any amendments to
the Policy that WebWorx International ("we") might make
in the future. From time to time we will make amendments to it by
giving you notice of the change and you will then be obliged to
comply with the policy as amended.
In this policy we use the following definitions:
Customer means the person or company
which has entered into an agreement with WebWorx International for
supply of Services whether via WebWorx International's web site
Daily Email Limit means the greater of:
(a) 1,000 messages per day sent via your own mailing list or email
(b) One message per mailing list per day, where you have purchased
additional mailing lists.
Potentially Prohibited Content means
that content so defined by the Broadcasting Services Act, 1992 (as
Prohibited Content means that content
so defined by the Broadcasting Services Act, 1992 (as amended).
Service means all products and services
offered by WebWorx International from time to time, which you use.
(a) mass-delivered and/or randomly delivered advertising or other
(b) sent to groups of recipients who are not known to you, who have
not requested the material, or who have not granted permission for
the mail to be sent to them;
(c) delivered via email or discussion groups; and
(d) which does not contain an unsubscribe option.
Users means users of the Service who
have not obtained it as a Customer, but via a Customer who is authorised
to resell the Services such as a WebWorx International Partner.
WebWorx International means WebWorx International
Pty Limited ACN 085 974 072.
1. Some General
International is not responsible for the content of traffic. We
exercise no supervision or control whatsoever over the content of
the information passing through our network.
do not assume any responsibility for information not sent or expressly
authorised by us.
responsibility for traffic that does not conform with this policy
and all possible consequences lies with the sender of the traffic.
accept no responsibility for the consequences of unauthorised breach
of our system security such as hacking or denial of service attacks.
should familiarise yourself with your legal responsibilities. You
can view your legal responsibilities in relation to:
and controlling children's access to internet content;
which parents can implement to control children's access to internet
content, including availability, use and appropriate application
of internet content filtering software; and
which may exist in relation to your content under the Broadcasting
Services Act 1992 (as amended) or other applicable state legislation,
at either of the following web sites: http://www.iia.net.au;
are responsible for use of your account. If you permit others to
use our Service, you are responsible for making users of the Service
aware of this policy and obtaining compliance of your users with
are responsible for complying with conditions of use of other networks.
If we provide you with access to a network outside our Service you
must comply with any acceptable use conditions which apply to that
2. Acceptable Uses
is your responsibility to ensure that you and others whom you permit
or enable to use WebWorx International's Service do so as follows:
our Service in a manner which does not violate any applicable laws
the conventions of the newsgroups, lists and networks that you use;
the legal protection afforded by copyright, trade marks, license
rights and other laws to materials accessible via our Service;
the privacy of others and observe the provisions of WebWorx International's
the Service in a manner which does not interfere with or disrupt
other network users, services or equipment;
from acts that waste resources or prevent other users from receiving
the full benefit of our services; and
with WebWorx International's terms and conditions of supply.
use of our Services should be ethical and in accordance with accepted
3. Unacceptable Uses
must comply with the law. It is not acceptable to use our service
for any purpose which violates local, state, federal or international
laws. You should obtain independent legal advice about your potential
liability for the consequences of the publication of material on
a web site or content database.
kinds of use are not allowed. It is not acceptable to use our Service
to do any of the following ("Unacceptable Conduct"):
a capability on a WebWorx International-hosted site which permits
third parties to send Spam from a WebWorx International server;
omit, forge, delete or misrepresent transmission information including
headers, return mailing addresses, internet protocol addresses;
in any activity intended to withhold or mask Customer's, or if you
are an authorised reseller, its User's corporate identity or contact
electronic chain letters;
messages to inappropriate or unrelated forums, newsgroups or mailing
email to a recipient after the recipient has unsubscribed from your
mailing list or has advised you by other means that they do not
wish to be on the mailing list;
more emails than the Daily Email Limit ;
activities which cause or may cause third party service providers
to place WebWorx International's internet protocol (IP) addresses
on a blacklist and/or block those IP addresses;
any activity which impedes WebWorx International's ability to provide
transmissions of any type or quantity which adversely affect our
operation or jeopardise the use of our service, or its performance
for other subscribers;
copyright or other intellectual property rights;
store, use or distribute software in order to transmit threatening,
libellous, obscene or offensive materials;
in electronic 'stalking' or any other form of harassment such as
using abusive or aggressive language;
or defame others;
or impersonate WebWorx International or other users;
fraud, gain unauthorised access to any computing, information, or
communications devices or resources, including but not limited to
any machines accessible via the internet;
modify or destroy the files, data, passwords, devices or resources
of WebWorx International, other users or third parties;
in misleading or deceptive online marketing practices;
any business or activity or solicit the performance of any activity
that is prohibited by law;
an unauthorised transmission of confidential information or material
protected by trade secrets;
on the internet, obtain through the internet or transmit using the
internet, Prohibited Content or Potentially Prohibited Content;
on the internet, obtain through the internet or transmit using the
internet any of the following:
which is (or would be) classified RC or X by the Classification
Board. Such content includes:
- material containing detailed instruction in crime, violence or
- child pornography;
- excessively violent or sexually violent material
- real depictions of actual sexual activity; or
hosted in Australia which is classified R and not subject to a restricted
access system which complies with criteria determined by the ABA.
Content classified R is not considered suitable for minors and includes:
- material containing excessive and/or strong violence or sexual
- material containing implied or simulated sexual activity;
- material which deals with issues or contains depictions which
require an adult perspective;
computer worns, viruses and other types of malicious programs;
the service to interfere or disrupt other network users, services
to do any of the things set out in (a) to (y) above.
is not acceptable to use our Service to solicit subscribers to become
subscribers of other competitive services.
of our Services to others is strictly forbidden under all circumstances
unless expressly approved by WebWorx International in writing. The
Partner program provides for the resale of services.
4. Third Party Complaint Process
time to time, WebWorx International receives complaints from third
parties ("Complaints") regarding Unacceptable Conduct,
allegedly being conducted by Customers or their Users. WebWorx International
will make reasonable endeavours to resolve such complaints by working
with Customers. The complaint process set out here does not apply
to complaints the subject of court order or proceedings, or where
WebWorx International reasonably believes that it must take urgent
action without reference to the Customer.
International's policy is to put the complaining party in direct
contact with the party best able to answer the complaint. Accordingly,
WebWorx International's Customers authorise and direct WebWorx International
to provide to third party complainants the relevant Customer's email
have a right to complain to the ABA about content. If you become
aware that a web site hosted by WebWorx International contains Prohibited
Content or Potentially Prohibited Content, you can make a formal
complaint to the Australian Communications and Media Authority by
contacting them at their web site URL http://www.acma.gov.au.
5. What We May Do to Ensure That
This Policy is Being Followed
may monitor your account but will respect your privacy. We may monitor
the conduct of your account to determine whether this policy is
we monitor the conduct of your account we will safeguard your privacy
may suspend or terminate your account and/or notify the authorities.
If we believe that your use of the Service may break the law or
that you have not complied with this policy we may:
you by email (but we are not obliged to do so);
your access to the Service;
your account without notice; and/or
and provide relevant information to the authorities, as appears
appropriate in the circumstances.
the event of taking action under 5.3 we reserve the right to delete
any or all of your information, material, software or other content
stored on our system in our sole discretion.
may, in our absolute discretion and without notice to you, suspend
or terminate your access to the Service:
we are made aware that a court order, judgment, decree, determination
or otherwise has been made to the effect that the Customer data
is illegal, offensive, objectionable or in breach of a third party's
we are directed to do so by the ABA under a takedown notice in accordance
with its obligations under the Broadcasting Services Amendment (Online
Services) Act 1999 (as amended).
agree that you will have no claim against WebWorx International
in respect of any action reasonably taken by WebWorx International
in its implementation of the terms of this Acceptable Use Policy,
and you indemnify WebWorx International against any claim by a User
arising out of the same.