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ACCEPTABLE USE POLICY


This is Serendesk’s Acceptable Use Policy ("Policy"). This Policy applies to anyone who acquires services from Serendesk ("Services"). From time to time we will make amendments to this Policy by posting updates on this website or by otherwise giving you notice of the change and you will then be obliged to comply with the Policy as amended. Your continued use of the Services after publication of any change will constitute your acceptance of the amended terms.

You are responsible to ensure that you and any other user of the Services are made aware of this Policy and comply with it at all times.

1.       Unacceptable Uses

 

1.1   You, must not use our Services, attempt to use the Services or allow the Services to be used for any acts which may or do in fact result in a breach of a law, order or regulation (including a foreign law, order or regulation).  

1.2   The Service may not be used:

a.       in any way that is unlawful, illegal, fraudulent or harmful; or

b.      in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

2.       Impeding our Services

 Our Services should not be used in any way that impedes our supply of services to other   customers including:

 

a.       receiving or making transmissions of any nature or quantity that adversely impact our Services or jeopardise the access or use of our Service, or its performance for other customers;

b.      undertaking acts that waste resources or prevent other users from receiving the full benefit of our Services; or

c.       undertaking activities that cause, or may cause, third party service providers to place Serendesk IP addresses on a blacklist and/or block those IP addresses.

 

3.       Spam and Malware

 

In this Policy, "Spam" includes one or more unsolicited commercial electronic messages to which the Spam Act 2003 applies, and derivations of the word "Spam" have corresponding meanings.

 

3.1     You agree that you will not engage in practices which would result in a breach of the Spam Act 2003. You must not use our Services, attempt to use our Services or allow our Services to be used for Spamming or malware including:

a.       continuing to send email to a recipient after which they have unsubscribed from your mailing list or have advised that they do not wish to be on your mailing list;    

b.      in connection with any program (including a virus, worm, Trojan horse, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or database;

c.       to access or use systems, networks or data (including open relay, port probing and the use of packet sniffers) without consent, irrespective of whether or not such access or use has any adverse effect on the network, database or system; or

d.      to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message and/or making the message appear to come from someone other than you.

3.2        You agree to Serendesk’s use of Spam and virus filters. This may require us to use third  

     party equipment or services to monitor and filter email traffic between our equipment 

     and the internet. You agree that you will not take any steps to disable those filters and

     that we will not be liable for any loss or damage resulting from the use of Spam or virus

     filters.

 

4.       Complaint Procedure

 

4.1   From time to time, complaints from third parties regarding unacceptable uses are received. We will make reasonable efforts to resolve such complaints by working directly with the customer. If we are unable to resolve the complaint by working directly with the customer, we will put the complaining party in direct contact with the person whom is most likely to best answer the complaint.

4.2   The complaint process set out here does not apply to complaints relating to court orders, or where we reasonably believe that we must take urgent action without reference to the customer.

 

5.       What we may do to ensure that this policy is being followed

 

5.1    If we believe your use of the Service is in breach of the law or that you have not complied with this policy we may:

 

a.       provide you with warning by email (but we are not obliged to do so);

b.      suspend your access to the Service;

c.       terminate your Serendesk account without notice; and/or

d.      notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

 

5.2   We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

 

a.       in the event that Serendesk is made aware that a court order, judgement, decree, determination or otherwise has been made to the effect that the customer data is illegal, offensive, objectionable or in breach of a third party’s rights; or

b.      if directed to do so by ACMA, any court or judicial authority.

5.3    You agree that you will have no claim against us in respect of any action reasonably taken in our implementation of the terms of this Policy, and you                                  

                indemnify us against any claim by your end user arising out of our actions.

 

Last update: 22 January 2015