Acceptable Use Policy – Choice Broadband Service

 

Part 1 – Background

This document is the IPSTAR New Zealand Ltd trading as Choice Broadband (Choice) Acceptable Use Policy (AUP). It sets out the restrictions that apply to the use of and access to the Services by you or any person who accesses or uses the Services at or via the premises where the Customer Premises Equipment (“CPE”) has been installed for your use.

The restrictions set forth in this AUP are in addition to those specified elsewhere in the Agreement.  In the event of any inconsistency between this AUP and the rest of the Agreement, the Agreement will apply to the extent of the inconsistency.

Part 2 – Your Obligations & Our Rights

You must ensure that use of the Services by You and anyone accessing the Services through Your CPE complies with this AUP.

If Choice (acting reasonably) believes that You or anyone accessing the Services through Your CPE breach this AUP, Choice may (at its sole discretion) do any or all of the following:

  1. Give you notice requiring to You to stop the unacceptable use;
  2. Immediately restrict Your use of the Services; or
  3. Immediately suspend or terminate Your access to the Services.

Choice also reserves the right to suspend or terminate Your access to the Services where required by law.

Part 3 – The Restrictions

You must not use, or permit, aid or encourage anyone else to use, the Services in any manner that is unlawful, discriminatory, abusive, insulting, threatening, obscene, indecent, harassing, racist, or that is (in Our reasonable opinion) otherwise inappropriate.

Prohibited use includes, but is not limited to, any one or more of the following acts:-

Prohibited Activities – Service Access and Use

  1. Violation of the legal rights of any person, company or other entity in any jurisdiction;
  2. Using the Services for or in relation to any unlawful, illegal, or criminal activity;
  3. Using the Services in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise;
  4. Unauthorised copying of copyrighted material including, but not limited to, digitisation and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music or video and the installation of any copyrighted software for which you do not have an active license;
  5. Exporting software, technical information, encryption software or technology, in violation of any applicable export control laws;
  6. Introduction of malicious programs into the Choice network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);
  7. Revealing your account password or login information to others;
  8. Using another person’s name, username or password or otherwise attempting to gain access to the Services of any other person;
  9. Using the Services to actively engage in procuring or transmitting material that is in violation of sexual harassment or employment relations laws;
  10. Making fraudulent offers of goods or services;
  11. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
  12. Port scanning or security scanning (where such scanning is carried out without the prior written authorisation of Choice);
  13. Executing any form of network monitoring which will intercept data not intended for you;
  14. Circumventing user authentication or security of any Choice host, network or account;
  15. Interfering with or denying service to anyone;
    The Service is for home use only and you must not use the Service to operate any servers for serving out data;
  16. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any persons’ terminal session, via any means, locally or via the Internet;

Prohibited Activities – Email and Communications

  1. Sending unsolicited email messages in breach of the Unsolicited Electronic Messages Act 2007 or any digital communication in breach of the Harmful Digital Communications Act 2015;
  2. Any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages;
  3. Unauthorised use, or forging, of email header information;
    Solicitation of email for any email address, with the intent to harass or to collect replies;
  4. Creating or forwarding “chain letters”, “Ponzi” or other “pyramid” schemes of any type;
  5. Use of the Services in breach of any person’s privacy (such as by way of identity theft or “phishing”) or in any way that causes annoyance, inconvenience or needless anxiety to any person.

Excessive use

You must use your Service in accordance with any download or capacity limits stated in the specific plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Service if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of, our Network or any systems.  Subject to the aforegoing, where you exceed your monthly data allowance, we will generally restrict the Service to maximum speed to 256Kb/s for the balance of that month.  If you do not want to have the speed of the Service restricted, you may purchase additional data packs for the balance of that month.

To check your download use, please use the Choice Customer Portal which provides a daily report. Choice also notifies usage at 50%, 85% and 100% of plan quota via email and/or SMS.

Choice reserves the right to manage its network resources to ensure that high bandwidth applications, such as peer to peer services or file-sharing do not adversely affect the overall customer experience.  At peak times, high bandwidth applications may be subject to shaping, restrictions or other network prioritisation steps to minimise Network congestion.

Part 4 – Changes to this Policy

Choice may vary this policy from time to time. Choice will provide notice by email or as a portal notification. Your continued use of the Service after such notice will constitute acceptance of the variation.