Fone Dynamics

Acceptable Use Policy

This Acceptable Use Policy (AUP) describes conduct which is not acceptable and is prohibited. The AUP applies to all Services provided by Fone Dynamics to the Customer.

When using the Services provided by Fone Dynamics the Customer must comply with this AUP. When resupplying Services to the Customer’s customers pursuant to Fone Dynamics’ Wholesale Terms (if applicable), the Customer must ensure that any of the Customer’s customers also comply with this AUP.

When using the Services provided by Fone Dynamics, the following conduct is not acceptable and is prohibited:

Impeding our Services

  • Using the Services to encourage any illegal, fraudulent, abusive, or other activities that does or may materially interfere with our business or activities or of any other person or party;
  • Attempting to bypass or break any security mechanism on any Service or using the Services in any other manner that poses a material security or service risk to us, any of our other customers, or to any other person or party;
  • Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities;
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Services;
  • Using the Services to transmit any material that contains viruses, Trojan horses, spyware, malware, worms or any other malicious, harmful, or deleterious programs;
  • Using the Services in any manner that causes a telecommunications provider to complain to us about the Customer’s use of the Services or which materially violates any of the following:
    • industry standards, policies and applicable guidelines published by Australian Communications and Media Authority (ACMA), the Australian Mobile Telecommunications Association (AMTA), or any other generally recognised industry associations;
    • telecommunications provider guidelines and usage requirements as communicated in writing by Fone Dynamics to you;

Spamming

  • Using the Services to engage in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to:
    • the Spam Act 2003 (Cth),
    • the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and
    • the Do Not Call Register Act 2006 (Cth).
  • Using the Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes;
  • Using the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretences;
  • Having a high volume of unanswered phone calls or phone calls that are too short in duration.

Breach of Law

Using the services:

  • to engage in, or in connection with fraudulent activity.
  • to violate, or facilitating the violation of, any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
  • to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, Privacy Act 1988 (Privacy Act)).
  • in a manner that triggers a law enforcement government, or regulatory agency to request the suspension of the Services to the Customer and/or your phone numbers.
  • to transmit any material that infringes the intellectual property rights or other rights of third parties.
  • to transmit any material that is, facilitates, or encourages defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that we reasonably believe degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
  • to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity (acting reasonably in the circumstance).
  • to create a false identity or forged email address or header, or phone number, or to otherwise attempt to mislead others as to the identity of the sender or the origin of a message or phone call.

What we may do to ensure that this policy is being followed

We may monitor your usage of the Services to determine our AUP is being followed. If we believe that your use of the Services may break the law or that you have not complied with this AUP, we may:

  • warn you in writing (but are not obliged to do so)
  • Suspend your access to the Services
  • Terminate your account
  • Notify and provide relevant information to the authorities, as appears appropriate in the circumstances.