As a provider of Internet access, web site hosting and other Internet-related services, WASP NZ Ltd offers its customers (also known as subscribers) and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. WASP NZ Ltd respects that the Internet provides a forum for free and open discussion and dissemination of information however, when there are competing interests at issue WASP NZ Ltd reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, WASP NZ Ltd has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilising WASP NZ Ltd 's services.
This AUP will be revised from time to time. A customer's use of WASP NZ Ltd 's services after changes to the AUP are posted on WASP NZ Ltd 's web site, www.waspnet.co.nz and will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that WASP NZ Ltd cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because WASP NZ Ltd cannot monitor or censor the Internet and will not attempt to do so, WASP NZ Ltd cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that WASP NZ Ltd does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over WASP NZ Ltd 's network and may reach a large number of people, including both subscribers and non-subscribers of WASP NZ Ltd, subscribers postings to the Internet may affect other subscribers and may harm WASP NZ Ltd 's goodwill, business reputation and operations. For these reasons, subscribers violate WASP NZ Ltd 's policy and the service agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited. It is not only harmful because of its negative impact on consumer attitudes toward WASP NZ Ltd but also because it can overload WASP NZ Ltd's network and disrupt service to WASP NZ Ltd subscribers. Also, maintaining any type of open relay is prohibited. When a complaint is received, WASP NZ Ltd has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
The Unsolicited Electronic Messages Act of 2007 must be adhered to when using WASP NZ Ltd services. Fines of up to $200,000 for individuals and $500,000 for organisations may apply. For further information see the Department of Internal Affairs' web site www.antispam.govt.nz Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities. Engaging in activity that violates privacy, publicity or other personal rights of others. WASP NZ Ltd is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WASP NZ Ltd's policy to terminate the privileges of subscribers who commit repeated violations of copyright laws.
Obscene Speech or Materials -- Using the WASP NZ Ltd network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or material. WASP NZ Ltd is required by law to notify the police when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language -- Using WASP NZ Ltd's network as a means to transmit or post defamatory, harassing, abusive or threatening language.
Illegal or Unauthorised Access to Other Computers or Networks --Accessing illegally or without authorisation computers, accounts or networks belonging to another party or attempting to penetrate security measures of another individual's system (often known as "hacking"). Any activity which might be used as a precursor to an attempted system penetration ie: port scan, stealth scan or other information gathering activity.
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use WASP NZ Ltd 's network or any connected network, system, service or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to Spam, initiation of pinging, flooding, mail-bombing, denial of service attacks and piracy of software.
Usenet Groups -- WASP NZ Ltd reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that WASP NZ Ltd determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As WASP NZ Ltd has pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. WASP NZ Ltd will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with WASP NZ Ltd 's policy or applicable law. When WASP NZ Ltd becomes aware of harmful activities, it may take any action to stop the harmful activity, including but not limited to, removing information, removing a web site, implementing screening software designed to block offending transmissions, denying access to the Internet or take any other action it deems appropriate.
WASP NZ Ltd is also aware that some of its subscribers may be, themselves, providers of Internet services and that information reaching WASP NZ Ltd 's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. WASP NZ Ltd does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. WASP NZ Ltd has the right to directly take action against a customer of a subscriber. Also, WASP NZ Ltd may take action against the subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, WASP NZ Ltd anticipates that subscribers who offer Internet services will cooperate with WASP NZ Ltd in any corrective or preventive action that WASP NZ Ltd deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WASP NZ Ltd 's policy.
WASP NZ Ltd also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than any other means of communication, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WASP NZ Ltd urges its subscribers to assume that all of their on-line communications are insecure. WASP NZ Ltd cannot take any responsibility for the security of information transmitted over WASP NZ Ltd 's facilities. WASP NZ Ltd will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law or when public safety is at stake. WASP NZ Ltd may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WASP NZ Ltd may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. WASP NZ Ltd assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, WASP NZ Ltd may disclose subscriber information or information transmitted over its network where necessary to protect WASP NZ Ltd and others from harm or where such disclosure is necessary to the proper operation of the system.
WASP NZ Ltd expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate WASP NZ Ltd 's policy. Finally, WASP NZ Ltd wishes to emphasise that in signing the service agreement, subscribers indemnify WASP NZ Ltd for any violation of the service agreement, law or WASP NZ Ltd policy that results in loss to WASP NZ Ltd or the bringing of any claim against WASP NZ Ltd by any third-party. This means that if WASP NZ Ltd is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against WASP NZ Ltd plus costs and reasonable attorneys' fees.
We trust this AUP is helpful in clarifying the obligations of Internet users, including WASP NZ Ltd and its subscribers, as responsible members of the Internet.