Internet Acceptable Use Policy

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING SPEAK EZY'S NETWORK AND SYSTEMS. BY USING ANY SPEAK EZY SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS SPEAK EZY'S NETWORK OR SYSTEMS.

1. Purpose

This document constitutes the Internet Acceptable Use Policy ( "Policy" ) referred to in our Internet Terms of our SFOA. Defined terms in this are the same as the defined terms used in our SFOA.

This document describes the guidelines that SPEAK EZY uses in providing Services to its Customers and the rules to which SPEAK EZY Customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of SPEAK EZY's Services via its Network and systems.

2. Application

This Policy is applicable to all SPEAK EZY Customers (which term includes all persons accessing a Customer's Service) use of the Internet. A breach of any of the terms and conditions of this Policy by any SPEAK EZY Customer is strictly prohibited and may lead to the suspension or termination of the Customer's Service, without notice.

All obligations on you apply to everyone you let use the Services.

3. Responsible Usage

You are responsible for your actions on the SPEAK EZY Network and systems you access through the Services. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger SPEAK EZY's Network or systems, your access may be suspended or terminated at any time, without notice.

In particular, you agree that while using the Services, you will not :

• store, send or distribute material which is deemed obscene, or pornographic or unlawful under any Commonwealth or State law or material that could give rise civil or criminal proceedings;
• store, send, distribute or access confidential information unless you have a lawful right to do so;
• do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends or violates the privacy of any person;
• do anything, including store, send or distribute material, of an illegal or fraudulent nature, including activities prohibited under any applicable state and Commonwealth law;
• do anything, including store, send or distribute material which interferes with other users or restricts any person or which inhibits any other user from enjoying the Services, the Internet and SPEAK EZY 's network and systems;
• forge header information, email source address or other user information;
• breach any laws, codes, standards and content requirements of any relevant authority;
• access, monitor or use any data, systems or networks, including another person's private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
• compromise the security or integrity of any network or system;
• place any viruses or other similar programs on the Service or the Internet;
• distribute unsolicited advertising or spamming or overload any network or system;
• use another person's name, username or password or otherwise attempt to gain access to the account of any other SPEAK EZY customer;
• tamper with, hinder the operation of or make unauthorized modifications to any network or system; or
• attempt any of the above acts or permit another person to do any of the above.

4. Responsible Resource Usage

SPEAK EZY requires you to act responsibly in your use of resources on the SPEAK EZY Network and systems. If you use unreasonably excessive resources on SPEAK EZY's Network and systems, your access may be suspended or terminated at any time, without notice.

5. Security

You are responsible for maintaining the security of your SPEAK EZY Internet Service, including protection of account details, password passwords and protection against unauthorized usage of your Service by a third party. We recommend that you take appropriate security measures such as installation of a firewall and use of up to date anti-virus software. You indemnify SPEAK EZY and their officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of your service, including unauthorized usage of your service by a third party. Usage of your service by a third party will result in you being responsible for the charges incurred.

6. Copyright

You are responsible for ensuring that you do not store on the SPEAK EZY system, transfer or cause to be transferred over the SPEAK EZY Network, reproduce or make available for distribution through the SPEAK EZY network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968 (Cth) or otherwise infringe any third party intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner).

7. Content

SPEAK EZY does not and cannot monitor or control the content and information accessed via the Services, which may be offensive, in appropriate or unsuitable. SPEAK EZY provides access to the Internet only. SPEAK EZY shall not be held responsible in any way for the content of the information accessed or offered for public access via the Services.

It is you and/or your users and customers' responsibility to avoid whatever is found to be offensive or obscene on any system or the Internet. You and/or your users and customers will be responsible for any material you or your users/customers place on the SPEAK EZY Network and systems, and the statements made in mediums including, but not limited to, web pages, email, chat or discussion forums and bulletin boards, instant messaging, SMS and Usenet news.

Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under any applicable state or Commonwealth law. Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

8. Regulatory Authorities

Commonwealth legislation allows the Australian Broadcasting Authority (" ABA ") to direct us to attend to certain matters including removal or prohibited Internet content from our servers or prevent users from accessing certain Internet content. You agree that we may take any necessary steps in order to comply with any relevant industry code of practice or direction from the ABA or other regulatory authority. SPEAK EZY may take these steps at any time without notice to you.

9. Investigation by Authorities

SPEAK EZY reserves the right to act in any manner they deem appropriate where there are reasonable grounds for suspecting that illegal or unacceptable usage of the SPEAK EZY Network and systems is occurring. SPEAK EZY will co-operate fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via its network or systems. SPEAK EZY reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

10. Complaints

To report a violation of SPEAK EZY's Internet Acceptable Use Policy, please send details, including any documentation, article or email to support@speakezy.com.au

11. Suspension or Termination

SPEAK EZY reserves the right to suspend or terminate your Service without refund should you or your customers breach or assist, abet, encourage or incite another party to breach this Policy.

12. Indemnity

You indemnify SPEAK EZY and its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses directly or indirectly suffered or incurred by SPEAK EZY (including as a result of a claim by a third party) resulting from:

(a) any breach of this Policy; and/or

(b) the use or misuse of the Services by you or any other person using your Services.

13. General Disclaimer of Liability

SPEAK EZY disclaim all liability for or in relation to any loss or damage incurred by you or your Equipment in any way through or in relation to the use of the Services or the suspension or termination of the Services by SPEAK EZY pursuant to your agreement with SPEAK EZY or this Policy.

This disclaimer of liability is in addition to and does not supersede, limit or replace any other applicable limitation of liability in SPEAK EZY's SFOA or other terms and conditions that may attach to an SPEAK EZY Service.

14. Waiver

If SPEAK EZY does not act in relation to a breach by you of this Policy, this does not waive SPEAK EZY's right to act with respect to any subsequent breach.

15. Changes

SPEAK EZY may vary this Policy at any time without notice to you. Your continued use of our service will constitute acceptance of the variation. SPEAK EZY may also give notice to you of a variation of this Policy by email to the email address notified by you or by or any other means SPEAK EZY deem appropriate.