Acceptable Use Policy

Please read this document carefully before accessing internet services provided to you by Rally Networks (Rally). By using any of Rally’s services you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access Rally’s network or systems.

Purpose

This document constitutes the Acceptable Use Policy of Rally.

This document describes the guidelines that Rally uses in providing services to its customers and the rules to which Rally customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of Rally’s services via its network and systems.

Application

This policy is applicable to all Rally customers. A breach of any of the terms and conditions of this policy by any Rally customer is strictly prohibited and may lead to the suspension or termination of the customer’s service, without notice.

All Rally customers must take responsibility for distribution, publication and enforcement of the Rally Acceptable Use Policy at their sites.

GENERAL USAGE

Except as otherwise specifically set forth in this agreement,  Rally makes no warranty, whether express, implied or statutory, as to the installation, description, quality, merchantability, completeness or fitness for any purpose of any portion of the network or any service provided hereunder or described herein, or as to any other matter, all of which warranties are hereby excluded and disclaimed.

Responsible Usage

You must take responsibility for your actions on the network and systems you access through Rally. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger Rally’s network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage

Rally requires you to act responsibly when consuming resources on Rally’s network and systems. If you unreasonably consume excess resources on Rally’s network and systems, your access may be suspended or terminated at any time, without notice.

Secure Usage

Rally requires you to take responsibility for maintaining the security of your Rally service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

UNLAWFUL OR UNAUTHORIZED USAGE

General

Rally’s services may only be used for lawful and authorized purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorized Usage

Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of Rally or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorized activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolization of services, propagation of, or transmission of information or software which contains computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorized entry to any other machine accessible via Rally, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings.

You will be held liable for, and indemnify Rally for, all costs and damages, attributable to your unauthorized activities or disruptions.

Illegal or Fraudulent Usage

You must not use, or allow any other person to use, the Rally’s network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.

Copyright

It is your responsibility not to store on a Rally system, transfer or cause to be transferred over the Rally network, reproduce or make available for distribution through the Rally network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968.

DMCA Copyright Violations

Initial copyright violations will result in a 30 day probationary period, with notification being made to the offending party.  If further offenses are committed in the following 60 days Rally will practice their right to throttle, or restrict subscription speeds for a period of seven days per offense.  Should violations re-occur in the thirty days thereafter internet services will be permanently disconnected with no option for future subscription.

Content

Rally does not and cannot monitor or control the content and information accessed via Rally; Rally only provides access. Rally shall not be held responsible in any way for the content of the information accessed via Rally or offered for public access via Rally. It is you and/or your users and customers’ responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on Rally’s network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and Usenet news. Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

Investigation by Authorities

Rally reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Rally’s network and systems is occurring. Rally co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behavior on or via its network or systems.

Rally reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

Complaints

To report a violation of Rally’s Acceptable Use Policy, please send details, including any documentation, article or e-mail to acceptableuse@ortelco.net

General

Rally reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet, encourage or incite another party to breach any of the above terms, conditions, rules, regulations or laws.

Disclaimer of Liability

Rally disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of Rally, the use of any of the services provided by Rally, or the suspension or termination of your service by Rally. This disclaimer of liability does not supersede or replace any other obligation expressly provided in any Rally Service Agreement.

Limitation of Liability: The total liability of Rally to Customer in connection with this agreement, for any and all causes of actions and claims, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, shall be limited to the lesser of: (a) direct damages proven by customer; or (b) the amount paid by Customer to Rally under this agreement for the one (1) month period prior to accrual of the most recent cause of action. In no event shall Rally be liable for special, punitive, consequential or incidental damages, including without limitation, lost revenue, profits or other benefit whether by tort, contract, or otherwise.

Repair:

Rally professionals will properly install the necessary network equipment, and connect it to your personal equipment.  After the initial install if an Rally technician is dispatched to your premise and finds that problem is due to the tampering of cables, software, hardware or equipment, you will be charged applicable time and material charges to resolve your issues.

I have read and agree to the above listed terms and conditions.