Acceptable Usage Policy

1. Introduction

All users of the services (“services”) offered by PureLink Internet Limited (“PureLink” “us” “we” “our”) agree to and must comply with this acceptable use policy (“AUP”). We do not exercise editorial control or review over the content of any web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the services. However, we may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject PureLink to liability, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the services and/or the customer’s PureLink account together with other actions as detailed below. This AUP should be read in conjunction with our T&Cs as posted on our website at www.PureLink.net.nz (“our website”). Where this AUP conflicts with our T&Cs, the T&Cs will prevail.

2. AUP

The following constitute violations of this AUP (this list is intended to be illustrative and not exhaustive; other uses may violate the AUP and we remain the sole and final judge of acceptable usage of the services):

(a) Illegal use: Using the services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.

(b) Harm to minors: Using the services to harm, or attempt to harm, minors in any way.

(c) Threats: Using the services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

(d) Harassment: Using the services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

(e) Fraudulent activity: Using the services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes”, unregistered sales of securities, securities fraud and “chain letters.”

(f) Forgery or impersonation: Adding, removing or modifying identifying network, message, or article header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

(g) Unsolicited commercial email/Unsolicited bulk email: Using the services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, are prohibited. Using deliberately misleading headers in e-mails sent to multiple parties is prohibited.

(h) Unauthorised access: Using the services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data.

(i) Copyright or trademark infringement: Using the services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.

(j) Collection of personal data: Using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

(k) Reselling the services: Reselling the services without our authorisation.

(l) Network disruptions and unfriendly activity: Using the services for any activity which adversely affects the ability of other people or systems to use the services or the Internet. This includes excessive consumption of network or system resources whether intentional or unintentional. This also includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the user’s responsibility to ensure that their system is configured, operated, and used in a manner to avoid excessive consumption of network or system resources. It is the users’ responsibility to ensure that their system is configured in a secure manner. A user may not, through action or inaction, allow others to use their system for illegal or inappropriate actions. A user may not permit their system, through action or inaction, to be configured in such a way that gives a third party the capability to use their system in an illegal or inappropriate manner.

(m) News: Our users should use their best judgment when posting to any newsgroup. Many newsgroups have charters, published guidelines, FAQs, or “community standards” describing what is and is not considered appropriate. USENET can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group’s “intended” use. Please be familiar with basic USENET “netiquette” before posting to
a newsgroup.

(n) High Volume, Server Hosting, and non-traditional end user activities: The services are intended for an end user’s periodic active use of email, instant messaging, browsing the World Wide Web, and other typical end user activities. High volume data transfers, especially sustained high volume data transfers, are prohibited. Hosting a web server, IRC server, or any other server is prohibited. Accordingly, we maintain the right to terminate any user’s connection following the detection of any high volume data transfer, server hosting, or non-traditional end user activity as determined by us.

3. Remedies

We may take any one or more of the following actions, or other actions not listed, at our sole discretion in response to complaints or breaches of the AUP:

(a) issue warnings whether written or verbal;

(b) suspend the user’s account;

(d) bill the user for administrative costs and/or reactivation charges, with a minimum administrative cost, if assessed, of $500 per incident; or

(e) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

4. Amendment

We reserve the right to revise, amend, or modify this AUP, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on our website and will be effective as to existing users 30 days after posting same.