Fair Use Policy

MAXX TV FAIR USE POLICY

1.Background
The Maxx TV Fair Use Policy (policy) sets out the rules and guidelines in relation to your use of your Maxx TV services. The aim of this policy is to ensure that Maxx TV is able to provide a quality service to all of our customers and ensure that no customer is disadvantaged due to the behaviour of another customer. This policy forms part of our Maxx TV Services Agreement. Terms used in this policy have the meaning given in the General Terms section of our Maxx TV Services Agreement, unless stated otherwise.

2.Your Use
You must only use the Services lawfully and in accordance with the terms of your agreement with us for your personal, domestic or household use.

3.Prohibited Use
You must not use or attempt to use the Services or allow the Services to be used:

  • for any activity that breaches any law, including any direction, order, regulation or industry code;
  • in any way that infringes the rights of other persons, including if you:
    • defame, harass, injure, menace or abuse any person or property or violate any person’s privacy;
    • infringe any person’s intellectual property rights; or
    • incite hatred against any person;
  • to transmit, publish or make available material that is offensive, abusive, indecent, pornographic or confidential (or promote others to engage in such acts);
  • to send excessive unsolicited data to third parties for any purpose;
  • to access, host or send any ‘prohibited content’ as that term is defined in the Broadcasting Services Act 1992 (Cth);
  • in any way that might expose us or any of our Suppliers, to liability or the risk of legal or administrative action, including prosecution under any law, or bring us or any of our Suppliers into disrepute or adversely affect the Maxx TV brand;
  • in a way that will interfere with, interrupt, manipulate, bypass or degrade the Service, the integrity of the Maxx TV Network or any network or equipment of another person;
  • for any commercial purpose.You are prohibited from violating or attempting to violate the security of the Maxx TV Network or any network or equipment of another person, including:

4.Security of the Maxx TV Network and others
You are prohibited from violating or attempting to violate the security of the Maxx TV Network or any network or equipment of another person, including:

  • taking steps to gain unauthorized access to services and/or your Account;
  • attempting to probe, scan or test the vulnerability of the system;
  • breaching any security or authentication measures without proper authorisation;
  • attempting to interfere with, disrupt or disable services to another person, host or network, including without limitation via means of overloading, flooding, mail bombing or crashing;
  • knowingly distributing any material or software which contains a virus, Trojan or other harmful feature; or
  • taking action to obtain services to which you are not entitled.We have no obligation to monitor the Maxx TV Network, but reserve the right to do so if required by applicable law, and may take such action as required. We take no responsibility for any material input by others and not posted to the Maxx TV Network by us. We are not responsible for the content of any other web sites linked to the Maxx TV Network.If you breach this policy or if the law or a regulator or other authority requires us to do so, we may take remedial action. Such action may include:

5.Remedial Action

  • You must tell us as soon as you are aware of any authorized or attempted unauthorized use or your Services and any other breach or attempted breach of security.
  • giving you a notice or warning letter requesting you to stop certain activities or conduct or take steps to remedy the breach;
  • immediately suspending or terminating your Services if you fail to take steps to remedy the breach;
  • immediately terminating or suspending your Services at any time if we deem it necessary to do so for a serious breach of this policy;
  • reporting of the activities or conduct to relevant authorities; or
  • other action that we deem appropriate.We may block access to certain Internet sites where required to do so by applicable law.

6.Site blocking
We may block access to certain Internet sites where required to do so by applicable law.