Introduction

This policy outlines what we deem to be unacceptable use of services provided by Jumba (“we” and “our”) to customers of Jumba (“you” and “your”).

From time to time Jumba may update this policy. When we make amendments to this policy we will notify you of the change; after which you will be obliged to comply with the amended policy.

If you do not accept this version of the AUP or any future amendments you will need to immediately contact Jumba to notify us of the cancellation of your services.

To whom does the policy apply

The policy applies to the owners and operators of services provided by Jumba. It is also directed at users and customers who want to lodge a complaint about alleged breaches of the policy.

Any use of our services that contravenes the various Commonwealth and State laws that govern many aspects of Internet use is, by definition, unacceptable use. The owners and operators of websites hosted by us are strongly advised to familiarise themselves with these laws and to operate within them.

In addition, we impose additional restrictions on the use of our services to ensure that the system operates fairly for all customers and to safeguard our good name and reputation.

Agreement by customers to comply with the AUP

It is a condition of contract that all our customers comply with the terms of this AUP. Your decision to purchase any Jumba service signifies your acceptance of the terms of this AUP.

The services covered by this policy

This policy covers all services hosted by Jumba and the Jumba network in general.

If we provide you with access to a network outside our network you are responsible for complying with the AUP for that network.

Jumba’s responsibilities

Jumba will take reasonable measures to ensure that the owners and operators of the services we host will comply with this AUP.

We reserve the right to monitor your compliance by any means and to take action if we deem it necessary. We will also act on any complaint from a user or another Jumba customer and will cooperate fully with law enforcement agencies if required.

What constitutes unacceptable use by customers

You must not use our service, attempt to use the service, or allow the service to be used in any way that:

Breach of law

·         results in you or Jumba breaching, or being involved in a breach of law, order or regulation;

Obscene, defamatory, offensive, abusive

·         sends, displays, accesses, makes available, publishes, or distributes or otherwise is involved in material that a reasonable person would consider obscene, defamatory or offensive;

The rights of others

·         infringes on any person’s rights (including intellectual property rights and moral rights);

·         constitutes a misuse of any person’s confidential information;

·         results in a breach by you of any obligation that you owe to any person;

Prohibited and Restricted content

·         sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material that is likely to be considered unsuitable for minors;

·         sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material which is classified RC or X by the Australian Classification Board;

Protection of minors

·         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;

Illegal business practices and gambling

·         engages in any misleading or deceptive business or marketing practice;

·         involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

Damage to property or people

·         results, or could result, in damage to property or injury to any person;

·         harasses, menaces or stalks people;

SPAM

·         indiscriminately sends unsolicited, unwanted, or inappropriate messages, especially commercial advertising in mass quantities;

·         provides capability which permits third parties to send SPAM;

·         causes an adverse effect on any computer, network, or data belonging to any party;

·         accesss anyone else’s systems, networks or data without consent, regardless of whether or not such access or use has any adverse effect on the system, network, or data;

·         creates, sends, or alters in any way 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 then you;

Jumba’s service

·         manipulates or bypasses Jumba’s usage limits;

·         undertakes any activity which impedes Jumba’s ability to provide its services;

·         unfairly damages the commercial well being or reputation of Jumba;

Excessive Resource Usage

·         would result in an excessive load being generated on Jumba’s servers, network, or other resources; and

·         would create any undue burden on other Jumba customers or the service in general;

We reserve the right to decide whether any action constitutes unacceptable use and, to the extent the law allows, our decision will be final.

What we will do about unacceptable use

At its absolute discretion, Jumba reserves the right to suspend or terminate a customer’s access to any or all services provided if Jumba forms the view that a customer has breached the terms of this AUP.

We will not automatically assume an allegation of unacceptable use against you is proven until we assess the facts or a law enforcement agency or other relevant government authority requires us to act immediately. Nevertheless, we reserve the right to suspend or terminate your account without notice to you if the circumstances dictate that immediate action is required. In other circumstances we will follow the process outlined in the next section.

Complaints process

Complaints by users or customers should be sent to abuse@Jumba.com.au.

If the complaint is an allegation that you have not complied with the law we may, subject to legal advice, have to either inform the complainant that they can refer their concern to the relevant government authority or that we will do so. If the complaint is not clearly covered by a law we will initiate the following process:

(a) If the complaint is about content:

·         We will record the detail of the complaint and discuss it with you in an attempt to resolve the issues to the satisfaction of the complainant.

·         If that is unsuccessful we will give your contact details to the complainant so that the issues can be discussed directly with you (we will comply with our Privacy Policy in this regard).

·         If that is unsuccessful we will advise the complainant of their right to lodge a formal complaint with the Australian Broadcasting Authority.

·         Depending on the outcome of the process to this point, we reserve the right to make a final decision (which may involve suspension of termination of your service) that will bind you as the customer.

(b) If the complaint is about service interference

·         We will investigate the allegations and attempt to resolve the matter. If our service is seriously compromised we may choose to suspend your service immediately pending an investigation.

·         Our decision in regards to service interference will be final. It may involve suspension or termination of your service.

Liabilities and indemnities

We will not be liable for any loss of benefit you might incur if we suspend or terminate your account under the terms of this AUP where:

·         you have breached the terms of this AUP;

·         we are required to do so by law;

·         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 in 1999 (as amended).

·         we acted reasonably in exceptional circumstances; or

·         we are not able to reach a mutually acceptable outcome.

You agree to indemnify Jumba against any claim a user or another customer might make as a result of any loss of benefit or damages they incur as a result of a breach of this AUP.