Our customers should be able to use our services to express themselves and share information.
We also believe that there should be certain rules on how services are used to ensure:
- we protect the safety and rights of other users and Spectrum Networks; and
- that our services aren’t used in an unreasonable or unacceptable manner, to safeguard the quality of service for our customers and other users of our wholesale providers.
This Fair Use Policy explains what those rules are and what action we may take if you breach them.
- Spectrum Networks – refers to Spectrum Networks Pty Ltd (ABN 66 090 112 913).
- Customers – all customers of Spectrum Networks including residential, small business, corporate, and enterprise.
- Services – applies to all services that we supply, including internet, fixed phone and voice services.
- Spam – unsolicited electronic messages with an “Australian Link”, as per the Spam Act 2003 (Cth).
- You – the account holder and anyone the account holder has authorised to access the internet via their account.
- Online Safety Codes – the Online Safety Codes for Internet Service Providers made under the Online Safety Act 2021 (Cth) that apply to Spectrum Networks as an internet service provider.
Every person should be able to use the internet freely and safely. You must not use our services to:
- promote or threaten violence towards anyone;
- abuse or harass anyone, for example by making offensive, misleading or menacing comments (this includes to our staff);
- encourage hate, for example by making racist, sexist or discriminatory comments;
- create a risk to the health or safety of any person;
- use our service to send unsolicited or unwanted commercial electronic messages (Spam) to individuals or businesses.
You must not use your services for anything illegal or unlawful. This includes, but is not limited to:
- providing us with false account information;
- hacking or gaining improper access to someone else’s information;
- sending, or assisting in the sending of Spam, or otherwise breaching the Spam Act 2003 (Cth);
- transmission or storage of data infringing Australian laws, including prohibited pornography and malicious software (such as viruses);
- contravening any applicable laws, including infringing copyright laws;
- failing to comply with your obligations under the Online Safety Act 2021 (Cth) and any associated Online Safety Codes that apply to you as an end-user.
If we think you have broken the law, we will report you to the police and may give them your personal information
(see more in our Privacy Policy).
In line with the Online Safety Act and the Online Safety Codes for Internet Service Providers, you must not use our services
to produce, access, store, host, upload, download, share or otherwise deal with any material that would reasonably be
considered:
- Class 1A material – child sexual exploitation material, pro-terror material, or extreme crime and violence material;
- Class 1B material – serious crime and violence material, or drug material;
- Class 1C material and Class 2 material – certain forms of online pornography and high-impact sexually explicit material that are restricted to adults under Australian classification laws.
You must never use Spectrum Networks’ services to create, host, share or facilitate the distribution of Class 1A or Class 1B material.
Where we become aware of such material, we may take reasonable and proactive steps to assist in preventing access to,
or distribution of, that material and may cooperate with the eSafety Commissioner, law enforcement, industry bodies
and hosting providers, as required or permitted by law.
¶ Respecting Spectrum Networks and our suppliers
You must not use your service for anything that would adversely affect Spectrum Networks’ network, reputation, or customer base.
This includes, but is not limited to:
- using our services in a manner which is “unreasonable”, “unacceptable”, or exceeds “ordinary use” for your service type;
- resupplying our services or products to others without our consent;
- using services for other than their intended purpose, such as using a home broadband service for commercial or non-domestic purposes;
- using your service in a way that causes or may cause interference, disruption, congestion or, more generally, sub-optimal network performance;
- using your service in a way that breaches our wholesale agreement with the NBN or any other third-party suppliers;
- respecting your broadband data limits (if you have them), including not attempting to circumvent any data caps, shaping or other usage controls that form part of your plan.
¶ NBN Fixed Line and Fixed Wireless services
In addition to the above, the following applies to NBN Fixed Line and Fixed Wireless services.
Examples of activities that may be seen as unfair use include:
-
using the NBN infrastructure or NBN Ethernet in a way that causes or may cause interference, disruption, congestion or,
more generally, sub-optimal network performance, including where the use would be deemed as unreasonable or exceeding
ordinary use for the account type (for example, a residential product being used for business or commercial purposes);
-
undertaking (or attempting to undertake) any of the following activities without authorisation:
- disabling, disrupting or interfering with the regular working of any service or network, including via means of overloading it, denial of service attacks or “flooding” a network;
- probing, scanning or testing the vulnerability of a system or network;
- breaching the security or authentication measures for a service or network.
¶ Online safety, filters and parental controls
We support the use of tools and information that help you manage access to online content, particularly for children
and young people. To assist you:
-
We provide information on content filtering options, including device, modem/router and third-party solutions,
on our Online Safety and Content Filtering page.
-
We promote the Australian Telecommunications Alliance’s Family Friendly Filter (FFF) program, which lists
independently tested internet filters suitable for families. You can find more information on Family Friendly
Filters on the ATA website.
-
From time to time we may offer, endorse or provide access to specific filtering tools or services.
Where we do, we will publish information about how to access, configure and update those tools on our website.
Use of filters is optional and does not replace active supervision of children’s online activity. Filters are one tool
amongst many (including device settings and parental supervision) that can help you manage access to online content.
We do not routinely monitor your private communications or proactively inspect all content that passes over our network.
Any steps we take under this policy will be consistent with the Privacy Act 1988 (Cth) and our Privacy Policy.
You can report concerns about illegal, seriously harmful or otherwise prohibited online content that you encounter while
using our services by contacting Spectrum Networks support or by lodging a complaint via our standard complaints process.
We will investigate complaints made in good faith and, where appropriate, may:
- provide you with information about tools and options to manage access to online content;
- notify relevant hosting providers if we become aware of Class 1A material hosted on their services;
- refer you to, or assist you to make a complaint to, the eSafety Commissioner;
- cooperate with the eSafety Commissioner or law enforcement agencies, as required or permitted by law.
You can also report certain types of illegal or harmful content directly to the eSafety Commissioner via their complaints
portal at esafety.gov.au/report.
If we reasonably believe that you have breached this Fair Use Policy, your agreement with us, or any applicable law,
we may take one or more of the following actions (in addition to any other rights we have):
- contact you to discuss the issue and provide guidance on acceptable use;
- issue a warning and request that the conduct stop immediately;
- apply traffic management measures, shaping or temporary service restrictions;
- suspend, restrict or cancel your service in line with our Terms and Conditions;
- block access to specific online locations or content where required or permitted under the Online Safety Act 2021 or the Online Safety Codes;
- report suspected illegal activity to law enforcement agencies or the eSafety Commissioner and disclose information as required or permitted by law.
Where reasonable, we will tell you before we take action; however, we may act without notice if urgent action is required
to protect people, networks or systems, or to comply with law, regulatory directions or the Online Safety Codes.