This policy covers every customer that signs a VPnet Customer Agreement. It sets out the responsibilities for both VPnet and our Customers and the acceptable and fair use of our services. Customers should read this policy carefully before signing any contract with VP Net.

1. YOUR RESPONSIBILITIES

  1. All VPnet Customers agree they will not use, attempt to use, or allow their Service to be used for any unlawful or malicious purpose.
  2. If a VPnet Customer puts any person, equipment, network or software at risk of harm or danger of being broken or damaged, VPnet reserves the right to terminate, suspend or restrict that service immediately.
  3. VPnet Customers will be required to meet reasonable standards and policies set by our direct and third-party suppliers and partners. Should a Customer be unable to meet these standards and policies, VPnet reserves the right to terminate, suspend or restrict the Customer’s Service immediately.

Specific examples of behaviour that would be in breach this Policy includes any act or release or distribution of material that:

  1. Breaks any law, code or standard;
  2. Communicates, distributes or stores data or material that:
  3. Can be regarded as SPAM
  4. Can be regarded as being pornographic, offensive, defamatory, discriminatory, abusive, indecent, menacing, unwanted or violates the privacy or rights of another party;
  5. Sends material to another party, or attempts to call another party, that has opted-out of receiving that type of communication.
  6. Gains or attempts to gain unauthorised access to a person’s private or personal information or a company’s commercially-sensitive information
  7. Attempts to use another person’s name, username or password or attempt to gain access to the account of any person or company;
  8. Provides false, misleading or deceptive information about yourself or your business to us or any other person in relation to your use of the Services or in order to gain access to a Service or a Service feature; or
  9. Infringes any person or company’s intellectual property or other rights;
  10. Compromises the security or integrity of any network or system;
  11. Accesses, downloads, stores, sends or distributes crimeware, viruses, spy software or other harmful material;
  12. Interferes, restricts or disrupt Services or any other person or company’s use or enjoyment of Services;
  13. Use the Service to communicate with emergency service organisations where no emergency situation exists;
  14. Disguise the origin of a use or communication;
  15. Access, monitor or use any data or traffic on any systems or networks without authority;
  16. Attempt to probe, scan or test the vulnerability of any data, system or network;
  17. Use the Services for the purposes of arbitrage
  18. Overload any network or system including our infrastructure, network and/or systems;
  19. Tamper with, hinder the operation of or make unauthorised modifications to any network or system;
  20. Authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.

2. ACCEPTABLE USE

VPnet Customers acknowledge that:

  1. VPnet is not responsible for the content of the Services;
  2. Use of the Services is at the Customer’s sole risk;
  3. VPnet is not liable for any unsolicited or unwelcome information disseminated via the Services to the Customer or the consequences of the Customer receiving such information;
  4. The Internet:
    • is not necessarily a secure and confidential method of communication and the Customer transmits data at their own risk; and
    • contains crimeware, viruses, trojan programs, spy software and other harmful material that may destroy or corrupt Customer’s own system; and
    • is not controlled by VPnet and VPnet is not liable for any damage to, or loss of data caused by material accessed on the internet.

Customers are responsible for providing, configuring or maintaining any equipment or software they need to access the Services, as well as for the security and integrity of Customer’s data (in particular for protecting equipment from unauthorised third parties using your hardware of software) except where we have agreed to provide and manage certain equipment or software.

3. UNREASONABLE USE

The Customer acknowledges that VPnet reserves the right to withdraw or vary a Service if it considers Customer’s use of a Service, plan inclusion, promotion and/or offer to be unreasonable or unfair.
The following acts are examples of Unreasonable or Unfair Use:

  1. Making more than an average of 400 calls per month, per SIP trunk. (500 calls per month for SIP ENTERPRISE PLAN)
  2. Using any VPnet Plan for a Call Center. Plans for Call Center use will be negotiated as a separate and customised plan.
  3. Using any VPnet Plan for a Predictive Dialling system or for outbound or inbound Telemarketing.
  4. Re-supplying or reselling the Service;
  5. Wholesale of any Service (e.g. transit, refile or aggregate domestic or international traffic) on our network;
  6. Abnormal or excessive use of back to base services;
  7. SIM boxing or using the Service (including any of our SIM card(s)) in connection with a device or method that switches, routes or re-routes traffic (e.g. calls, SMS, data, etc.) to or from the our network or the network of any supplier;
  8. Any use that affects another Customers’ access to the network or enjoyment of the Services;
  9. Use of switch devices to overcome subscription and/or pricing charges, potentially limiting the ability for other Customers to access the Service; or
  10. Any other activity which would not be reasonably regarded as typical or ordinary use.

4. REGULATORY AUTHORITIES

By law, VPnet is required to assist law enforcement agencies. We may be required to comply with law enforcement or other lawful requests at any time without notice to Customers but in doing so will act in accordance with our legal obligations, including under the Telecommunications (Interception and Access) Act 1979 (Cth).
For more information, please see our Privacy Policy at https://www.vpnet.com.au/legal/privacy-policy.

5. LAWFUL USE

Customers must ensure that any use of our Services is lawful. It is their responsibility to determine that the content and information they choose to access when using a Service is lawful, even if the Customer’s Service was used without the Customer’s consent.
Customers are responsible for content stored, sent, accessed or distributed on or via VP Net’s Network and systems including content posted on web pages, email, social media, chat or discussion forums, bulletin boards, instant messaging and SMS.
Customers must not use Services to send or distribute content which is prohibited or otherwise unlawful under any applicable Australian law or in breach of an applicable Agreement. If Customers provide content using the Services it is the Customer’s responsibility to comply with the Broadcasting Services Act 1992 (Cth), any applicable Industry Codes and any other applicable law.
We are required by law to refer a Customer to the Australian Federal Police if we have reason to believe a Service has been used to access child pornography.

6. MONITORING COMPLIANCE

VPnet may monitor content transmissions to ensure compliance with this Policy.
If we believe that a Customer has breached this Policy, we may contact you and ask you to modify your use of the Service.
Examples of changes VPnet may ask you to make and/or action VPnet may take without notice:

  1. Suspend access to the Service indefinitely or for a specific period;
  2. Terminate access to the Service and refuse to provide the Service to the Customer or their associates in the future;
  3. Inform appropriate government and regulatory authorities of suspected illegal or infringing conduct;
  4. Delete or edit any of the Customer’s data (including webpage content) stored on systems;
  5. Override any attempt by the Customer to breach this Policy, such as specify a particular traffic routing pattern; and
  6. Take any other action we deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them.

We may also take any of the above steps if directed to do so by a regulatory or other law enforcement body.
VP Net’s right to suspend access to Services WITHOUT NOTICE under this Policy overrides any requirement we may have to give notice under the Agreement.

7. HOW TO REPORT A BREACH

You can report a suspected breach of this Policy by sending an email to: admin@vpnet.com.au.

8. CHANGES TO THIS POLICY

VPnet reserves the right to vary this Policy from time to time but will do so in line with the relevant notice provisions in your Agreement.
Continued use of Services after receiving notice once the variation takes effect will constitute acceptance of the variation.