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Acceptable Use Policy
For Comtrac Service(s)
Published: | In Effect: to Current
For Agreements prior to the Published Date, please review the Archive

ACCEPTABLE USE POLICY For Comtrac Service(s)

INTRODUCTION AND GENERAL TERMS

Relationship with Comtrac’s Master Services Agreement

This document forms part of the Comtrac Master Services Agreement (MSA) and its referenced or related material, together the “Agreement”. This document should be read in concert with Comtrac’s MSA and other referenced or related material found at the Comtrac Trust Portal (https://trust.comtrac.com.au).

Definitions

In this document, unless the contrary intention appears, terms have the meaning given to them in the Comtrac Definition Schedule.

Acceptable Use

This Acceptable Use Policy applies to each Customer, all Customer Personnel and every Individual User. The Customer is responsible for ensuring compliance by it and the Customer's Personnel with this AUP.

Abuse of Systems and Services

The Customer must ensure that it and no Customer Personnel/User:

  • Accesses or uses the Comtrac Systems or the Comtrac Services to engage in, foster, or to promote illegal, abusive, fraudulent, or irresponsible behaviour, including any activity or conduct that is or is likely to be in breach of any applicable Laws, codes or regulations, including criminal Laws, telecommunications and data surveillance Laws, data protection and privacy Laws, and Laws relating to unsolicited commercial electronic messages, use of an internet account or computer without the express authorisation of the owner of the system, device or network;

  • Has unauthorized access to, or use of data, systems, device, or networks, or makes any attempt to access without authority, probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of Comtrac, and/or the owner of the system, device, or network;

  • Monitors data or traffic on any network or system without the express authorisation of the owner of the system, device or network;

  • Intentionally, knowingly or recklessly, introduces any virus or other malicious code, back-door or similar vulnerability into the Comtrac Service or Comtrac System;

  • Uploads or transmits or attempt to upload or transmit, without Comtrac's express permission, any material that acts as a passive or active information collection or transmission mechanism or any content or code that harvests addresses or information, including harvesting information;

  • Interferes or attempts to interfere with the proper functioning of the hosted infrastructure environment or connect to or use the hosted infrastructure environment in any way not expressly permitted by this MSA;

  • Collects or uses information, including email addresses, screen names or other identifiers, by deceit (such as, phishing, Internet scamming, password robbery, spidering or harvesting);

  • Uses any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;

  • Distributes software that covertly gathers or transmits information about a User;

  • Engages in any conduct that is likely to result in any server being the target of a denial of service attack or distributed denial of service attack;

  • Engages in any activity intended to withhold or cloak identity or contact information, including the mission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;

  • Takes or attempts to take any action which directly or indirectly results in any Comtrac Internet Protocol (IP) space being listed on any abuse database;

  • Takes or attempts to take any action that is otherwise illegal or solicits or attempts to solicit conduct that is illegal under laws applicable to the User, the Customer or to Comtrac.

Offensive Content

The Customer must ensure that no Customer Personnel/User is able to, and each User agrees that it will not, publish, transmit, or store on, the Comtrac Services any content, or provide links to any content that Comtrac reasonably believes:

  • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;

  • Constitutes publication, transmission or storage of any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates risk to a person's safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;

  • Is defamatory or violates a person's privacy or breaches confidence; or

  • Is otherwise malicious, fraudulent or morally repugnant,

except as authorised by applicable national security and law enforcement Laws, regulations or codes of conduct in the performance of duty by a law enforcement officer and/or Agency.

No High Risk Use

The Customer must ensure that it and no Customer Personnel/User is able to use the Comtrac Systems or Comtrac Services in any situation where a failure in or fault of the Comtrac Systems or Comtrac Services could lead to death or serious bodily injury of any person, or to physical or environmental damage without Comtrac prior written consent. For example, no User may use, or permit any other person to use the Comtrac Service in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.

Vulnerability Testing

The Customer must ensure that it and no Customer Personnel/User is able to or attempts to probe, scan, penetrate or test the vulnerability of the Comtrac System or network, or to breach the Comtrac System security or authentication measures, whether by passive or intrusive techniques. Additionally, neither the Customer nor any User may perform such testing of the Customer's own Hosted System without Comtrac's prior written consent.

Export Control

The Customer must ensure that it and no Customer Personnel /User, other person, organisation, company or any such other legal entity or unincorporated body, including any affiliate or group company which is involved with or suspected of involvement in activities or causes relating to: illegal gambling, terrorism, narcotics trafficking, arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles (in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes), is able to access or use the Comtrac Systems and Comtrac Services, except as authorised by applicable national security and law enforcement Laws, regulation and codes of conduct, and in the performance of duty by a law enforcement officer and/or Agency and under a MSA with Comtrac.

Intellectual Property and Other Property Rights

The Customer must ensure that it and no Customer Personnel/User is able to use the Comtrac Systems and Comtrac Services in a manner that infringes upon or misappropriates the rights of Comtrac' or of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information or Intellectual Property Rights.

Cooperation with Investigations and Legal Proceedings

The Customer acknowledges that Comtrac may be legally required to permit any relevant authority to inspect the Customer Data on the Comtrac Systems or the Comtrac Services or provide Customer Data to such authority and agrees and undertakes to ensure that Users are aware of this legal requirement. Where possible, and without breaching any legal or regulatory requirement or direction, Comtrac will give the Customer reasonable prior notice of such access/disclosure.

Comtrac may, without notice to the Customer, Customer Personnel or User, report to the appropriate authorities any conduct by the Customer and/or Users that Comtrac believes violates applicable Law, and provide any information Comtrac has about the Customer, the User and/or the use of the Comtrac Systems and/or the Comtrac Services to the relevant authorities. Comtrac may cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Excessive Use of Shared Resources

The Customer must ensure that no User is able to use any shared system provided by Comtrac and/or the Customer in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the shared system. For example, Comtrac may require the Customer to promptly repair coding abnormalities in its Cloud-hosted code if it unnecessarily conflicts with other Cloud customers' use of the Comtrac' Cloud. The Customer must agree, and its Users hereby agree that Comtrac may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the shares system, the Comtrac System or other customers' data that is stored on the same system.

Third Party Conduct

The Customer:

  • Warrants each of the Customer's Personnel has been provided with and agrees to this Acceptable Use Policy;

  • Is responsible for violations of this Acceptable Use Policy by the Customer's Personnel and anyone using the Customer's Systems, devices or networks and the Comtrac Systems and Comtrac Services with the Customer's permission or on an unauthorised basis;

  • Must ensure that Users take reasonable security precautions and do not assist any other person in an activity that would violate this Acceptable Use Policy. The Customer must ensure that Users use reasonable efforts to secure any system, device or network within their control from being used in breach of the applicable Laws against spam and unsolicited email or otherwise; and

  • Must not, and must ensure its Personnel/Users do not:

  • Interfere with or disrupt the Comtrac Software or Comtrac Systems, or disobey any requirements, procedures, policies, or regulations of networks connected to them;

  • Link directly or indirectly to or include anything that:

  • They do not have a right to link to or include;

  • Which could cause Comtrac to violate any applicable Law, statute, ordinance or regulation.

  • Use the Comtrac Software or Comtrac System for any purpose other than the purpose for which it was designed and intended;

  • Commit or permit any act which may interfere with the use of the Comtrac Software or Comtrac System by any other User;

  • Attempt to gain unauthorised access to the Comtrac Software or Comtrac Systems or networks connected to them through any means;

  • Tamper with, hinder the operation of or make unauthorised modifications to the Comtrac Software or Comtrac Systems or any part thereof;

  • Damage or modify the Comtrac Software, Comtrac Systems or any part thereof;

  • Reverse engineer, decompile or disassemble decipher or otherwise attempt to derive the source code for the Comtrac Software or any part thereof or any other intellectual property used to provide the hosted infrastructure environment, or to obtain any information from the hosted infrastructure environment using any method not expressly permitted by Comtrac;

  • Interfere or attempt to interfere with the property functioning of the hosted infrastructure environment or connect to or use the hosted infrastructure environment;

  • Use any unauthorised third party software that accesses, intercepts, "mines", or otherwise collect information from or through the hosted infrastructure environment or that is in transit from or to the hosted infrastructure environment;

  • Intercept, examine or otherwise observe any proprietary communications protocol used by the hosted infrastructure environment, whether through the use of a network analyser, packet sniffer or other device;

  • Use, facilitate, create, or maintain any unauthorised connection to the hosted infrastructure environment, including without limitation any connection to any unauthorised server that emulates, or attempts to emulate ay part of the hosted infrastructure environment or any connection using programs, tools, or software not expressly approved by Comtrac;

  • Copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Comtrac Software or any part thereof; or

  • Modify, alter, adapt, disassemble, reverse engineer, decompile or amend any content on the Comtrac Software or any part thereof in any way.

Comtrac's right to suspend or terminate the Customer's Services and/or the access of Users applies even if a breach of the Acceptable Use Policy is committed unintentionally or without the Customer's authorisation, including through a Trojan horse or virus.