Fair Use Policy

Kiwilink FAIR USE POLICY

By signing up to and using Kiwilink services, you accept the Fair Use Policy.

Please also make sure that your read all relevant Kiwilink Terms and Conditions which you accepted when you signed up (either online or verbally). These are important and they also contain some terms about usage. If you have any doubts or questions about your data usage or how we manage our network please refer to the FAQs.

We have used Kiwilink customers’ average and estimated usage of our services to develop this Fair Use Policy and we may monitor your account to check that this policy is being followed.

If, in Kiwilink’s sole opinion, your usage is so heavy that it materially exceeds estimated use patterns over any month or Kiwilink believes that your usage of our services will adversely affect the quality of the service received by other customers, then Kiwilink may (in its sole discretion):

· de-prioritise your access to the network;

· apply charges to your account for the excessive and/or unreasonable element of your usage;

· suspend or restrict access to your service; or

· terminate your service.

Where reasonable, Kiwilink will provide you with notice before suspension, restriction or termination. If we terminate your services and you have agreed to a fixed contract term you may have to pay the applicable early termination fee.


Kiwilink ACCEPTABLE USE POLICY

This Acceptable Use Policy applies to anyone who accesses our website, or is a customer of any of our services. If you are a customer of our services, you agree to comply to this Acceptable Use Policy and to any other policies which apply to those particular services.

In this Acceptable Use Policy, "Kiwilink", "we" and "us" refers to The Digital Lab 2007 Limited, and "you" refers to the person who accesses our website or subscribes to any of our services.
We may at any stage change this Acceptable Use Policy or any other policies which apply to particular services. We will notify you of any such changes by posting an updated version of the relevant policy on our website. Any changes will apply from when they are first posted on the website.

1. SYSTEM ABUSE

1.1 Any abuse of our systems ("system abuse") is strictly prohibited. System abuse includes (but is not limited to) the following actions:
· Attempting to access the Internet from two locations at the same time.
· Attempting to circumvent user authentication or security of any host, network, or account on our Internet systems or the Internet at large (ie "hacking").
· Attempting, in any way, to interfere with or deny service to any user or any host on the Internet. This includes, but is not limited to the spawning of an excessive number of processes, consuming excessive amounts of memory, central processor time, hard disk storage space, or abusing any general system resources.
· Port scanning or investigating network configuration without the permission of the individual or company involved.
· Harassing another person, whether through language, frequency, or size of messages.
· Sending multiple unsolicited emails ("spam") to single or multiple users including advertising emails.
· Forwarding or posting "chain letters" (multiple forwarding) of any type.
· Adding or attempting to add addresses to any mailing list without the express consent of the relevant addressees (in breach of the Privacy Act 1993 or the Unsolicited Commercial Electronic Messages Act 2007).
· Using an Kiwilink account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider.
· Introducing anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, our or anyone else's computer system or communications services.
· Forging email or USENET posting header information.
· Creating or using a false identity for the purpose of misleading others as to the identity of the sender or origin of any message.
· Posting inappropriate messages to USENET newsgroups, for example posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
· Posting messages on our website that use inappropriate language or expressions of bigotry or hatred.
· Attempting to cancel, supersede, or otherwise interfere with any email or USENET posts that is not your own.
· Using an account with another provider to promote an Kiwilink website in an abusive manner.
· Reselling Kiwilink services to third parties that do not abide by these guidelines.
1.2 If we consider that you have engaged in system abuse, we may (at our discretion) take all or any the following actions:
· warn you about your actions;
· terminate, suspend or make changes to your service;
· charge you for the costs we incur in relation to your system abuse;
· pass on information concerning your activities to any relevant authorities.
If we terminate your services as a result of your system abuse, we will not be liable for any loss, damage or expenses that you suffer as a result.

2. YOUR RESPONSIBILITIES

2.1 You are responsible for all your activities while using our services, and for any content or material you post on our website.
2.2 It is your responsibility to maintain the security of your personal information. We recommend you do not give out personal information such as credit card details on unsecured sites.
2.3 You are responsible for what you view over the Internet, and for what your children view. Some content on the Internet is suitable only for adults and not for children.

3. THIRD PARTY COMPLAINT PROCEDURE

If any person wishes to notify us of a potential breach of this Acceptable Use Policy, that person should do so by sending an email to support@kiwilink.net.nz. Any such email should include that person's name and address and full details of the potential breach. We will review the potential breach as soon as practicable and take any action that we deem is appropriate in the circumstances.