1. Your obligation

You must use your Service in accordance with this Policy. Your obligation to comply with this Policy includes your obligation to ensure any person who uses your Service also complies with this Policy. 

You must use your Service in accordance with any download or capacity limits stated in our Agreement. 

2. General

If you are a residential customer our services are for your personal use only.

If you are a business customer, our services are for your use in the ordinary course of business.

You may not use the service in a manner which is 'unreasonable' or 'unacceptable'.

3. Unreasonable use

We consider your use of the service unreasonable if you use it in a manner which is other than it was intended for.  

Here are some examples of use which we consider 'unreasonable'.  This is not intended to be an exhaustive list:

 

  1. if you are a residential customer using the service in a way which could not be reasonably regarded as ordinary personal use (eg a residential product cannot be used for commercial purposes);

  2. if you are a business customer, using the service in way which could not be reasonably regarded as ordinary business use;

  3. using the service for fraudulent purposes;

  4. abnormal or excessive use of back to base services;

  5. SIM boxing or using the service in connection with a device that switches or re-routes calls to or from our network to another carrier's network;

  6. wholesaling any service or using the service in connection with any device that switches or re-routes calls potentially keeping a line open for hours;

  7. using the service to wholesale supply of any service (including transit, refile or aggregate domestic or international traffic) on our network.

  8. Calling 13xx or 18xx numbers to make indirect calls through other providers (eg. through a calling card);

  9. using the service for the purposes of arbitrage;

  10. using the service as a call monitoring service;

  11. using the service in connection with a device that automatically dials numbers either from a list or are generated randomly;

  12. using the service to make or receive calls on our network for the purposes of resale, resupply or commercial exploitation; or

  13. using the service for continuously call forwarding or multiple simultaneous calling;

  14. using the service for bulk messaging;

  15. using a 'mobile voice' SIM card in a non 'mobile voice' device; or

  16. using the service for anything which isn’t standard person to person communication.

 

4. Unacceptable use

You may not use our services in any manner which improperly interferes with another person's use of our services or for illegal or unlawful purposes.  You may not use any equipment or devices on our network (including SIM cards) which have not been approved by us.  We consider the use of our services or unauthorised equipment in this way to be unacceptable.

Here are some examples of use which we consider 'unacceptable'.  This is not intended to be an exhaustive list:

 

  1. if you provide us with false user information to use the service;

  2. using any equipment or device (including SIM card) on our network which has not been authorised by us;

  3. using the service to send unsolicited or unwanted commercial electronic messages to individuals or businesses;

  4. using the service to gain improper access to another person's private or personal information;

  5. using the service to distribute or make available indecent, obscene, offensive, pornographic, illegal or confidential material;

  6. using the service to defame, harass or abuse anyone or violate their privacy;

  7. contravening any applicable laws when you use the service;

  8. using the service to communicate with emergency service organisations where an emergency situation does not exist;

  9. using the service to distribute or make available material that is misleading or deceptive as to your identity;

  10. infringing any person's intellectual property rights, including copyright, when you use the service;

  11. using the service to monitor data or traffic on any network or system if you do not have the authorisation of the owner of the network or system to do so;

  12. using the service in a way which interferes or disrupts the service, any computer system access through it or any other person's use of it;

  13. using the service to obtain or attempt to obtain unauthorised access to any computer, system or network; or

  14. using the service in a manner designed to compromise the security or interfere with the operation of the service or any other computer, system or network.

 

5. Excessive Use

You must not use any of our Mobile Services in a way that is excessive.  Unless the Plan Inclusion states otherwise, we consider ‘excessive’ use to be usage of more than:

 

  1. 4000 minutes of mobile calls made per month per service;

  2. 4000 SMS/MMS text messages sent per month per service;

  3. 3GB of data above your included plan allowance

 

In the case of other uses of a Mobile Services, what is excessive use will either be advertised by us at the time of the relevant promotion or included in this Policy prior to the commencement of the relevant promotion.

6. Your use of the Internet

Where our products and services allow you access to the internet, you are responsible for any use or misuse of the services, even if they were used, with or without your consent, by another person who gains access to them.

You are responsible for any content you publish online or via email.  We encourage you to use appropriate warnings and precautions in respect of content which is likely to be considered unsuitable for children. 

You must comply with any rules imposed by any third party whose content or service you access using your Southern Phone service.  You may not copy, publish, re-publish, re-distribute, re-communicate, or otherwise commercially exploit such content in any form or by any method whatsoever.  This prohibition includes framing, linking, posting in news groups and any other form of copying unless approved by the content provider.

We may block access to, remove, or refuse to post any content which you attempt to post which we consider offensive, indecent, unlawful or otherwise inappropriate regardless of whether such content is actually unlawful. 

We may be directed by a regulatory or other law enforcement body to remove content from our servers or to prevent users from accessing content from the Internet.  We may also be required to remove copyright materials from our servers or to prevent users from accessing copyright materials from the Internet by a copyright owner.

 

7. Spam Obligations

You must not use or attempt to use your Data Service to send or distribute unsolicited commercial electronic messages in breach of the provisions of the Spam Act 2003 (Cth)
You agree to use your best endeavours to secure any device or network within your control against being used in breach of your spam obligations by third parties, including where appropriate the application operating system and application software patches and updates. 

You acknowledge that we may scan any IP address ranges allocated to you for your use with your Internet Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers. If we detect open or misconfigured mail or proxy servers we may suspend or terminate your Internet Service. 

 

8. Use of your Fixed Telephone

You may only use the Fixed Phone Service for personal, residential or business purposes, in accordance with the terms stated in the Rate Card or your Application Form. You may not use the Fixed Phone Service to engage in activities which may cause significant network congestion, such as:

 

  1. autodialing; 

  2. continuous or extensive call forwarding;

  3. continuous connectivity;

  4. fax broadcasting;

  5. fax blasting; 

  6. telemarketing; or

  7. any other activity that would be inconsistent with reasonable personal, residential and business use patterns; 

 

unless you first obtain our express written permission for such use

 

9. Breach of the Fair Use Policy

If you breach any part of this Fair Use Policy we will, generally speaking, contact you and, if appropriate, ask you to modify your use of the service.  If you do not modify your use of the service we may suspend or cancel your service without notice to you.  

However, in certain circumstances such as illegality, or non-ordinary use, we reserve the right to suspend or cancel your service immediately and without notice to you.  

Upon cancellation of an account, we are authorised to delete any files, programs, data and email messages (where you have a Southern Phone-supplied email address) associated with the account.