This Fair Use Policy (FUP) is designed to protect the quality and integrity of the Banksia network and in doing so ensure all customer receive fair and equitable access.

We may defend on out Fair Use Policy in circumstances where your usage that forms part of a. plan is deemed to be ‘unreasonable’ or ‘excessive’ as defined by us.

We retain the right to vary the terms of the Fair Use Policy at our discretion from time to time.

Unreasonable Use

You must not use or attempt to use the Service:

  • for any illegal or fraudulent purpose;
  • to endanger a person or damage property;
  • to commit an offence;
  • to communicate, transmit or distribute any computer worms, trojans, viruses, or other malicious programs;
  • to communicate, transmit or publish any harassing, abusive, menacing, defamatory or illegal material;
  • to send any unsolicited electronic message or do anything else in breach of the Spam Act 2003;
  • to reproduce, download, distribute, transmit, publish, store, copy or exploit any material in any way which infringes copyright, patent, trade mark, design or other intellectual property rights;
  • to access, store, copy, distribute or publish any content in contravention of applicable law or regulation;
  • to provide or permit unrestricted access to content contrary to relevant classification rules;
  • to hack or gain unauthorised access to or control of, or to conduct unauthorised monitoring of, any equipment, system, network, accounts or private or confidential information of others;
  • to do anything which may compromise the security or safety of, or which might damage, interrupt or interfere with the operation of the Service or the networks used to supply the Service; or
  • to violate a law or cause us to violate a law.

Unreasonable use may include but not limited to:

  • reselling, resupplying or using your Banksia Service in a manner that falls outside the intent of the original Agreement;
  • using your Banksia Service in an unlawful matter;
  • your usage and volumes consistently exceed the original intent of the Agreement; or
  • your usage affects other customers’ access to the Banksia Service.

Your Obligations

  • You must comply with this Fair Use Policy. The onus is on you to ensure that all other persons who use your Service comply with this Fair Use Policy whether or not you have authorised their use of your Service.
  • You must take all reasonable steps to secure any equipment or materials you use in connection with the Service to avoid unauthorised use.
  • You must keep all equipment, operating systems and software used in connection with the Service up-to-date.
  • You must secure and back-up (as required) any data stored on equipment used in connection with the Service. Tech Project Holdings is not liable for any misuse, loss or corruption of your data.
  • You must comply with our reasonable directions, and directions or rules from our suppliers or any government or regulatory body.
  • You are responsible for all content that is published or created by your Service. All risks associated with using the Service are your responsibility, including, but not limited to, downloading, accessing, viewing, using, transmitting, publishing/communicating materials, making purchases, and transmitting personal or confidential information.
  • You must take reasonable steps to prevent minors from accessing inappropriate content.

Our Rights

If we reasonably believe that you are in breach of this Fair Use Policy, without reducing or restricting our rights under our Terms of Service, where we consider your use unreasonable, we reserve the right to suspend your access or cancel your Service immediately and without any prior warning or notice given to you.

Our right to suspend or cancel the Service without notice under this clause overrides any requirement we may have to provide to you notice in other parts of our Terms of Service. If we reasonably believe that you are in breach of this Fair Use Policy, you must pay us the standard applicable rate calculated from the date of the breach. If you have already paid us for such Services, you must pay us the difference between the standard applicable rate and the amount that has already been paid.