13. Customer Obligations
13.1 The Customer is responsible for all and any acts and omissions of its Personnel, Administrators and End Users, as if they were the acts and omissions of the Customer.
13.2 The Customer may not use or permit any End User to access and/or use the Software except as expressly permitted under clause 1 and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with the Company’s Intellectual Property Rights. Without limiting the foregoing provisions, the Customer agrees and acknowledges that except with the Company’s prior written consent, the Customer must not, and must not permit any person or entity to:
(a) access or use the Software who is not an End User;
(b) license, sublicense, resell, assign, transfer, distribute, or (other than to End Users) provide others with access to, the Software;
(c) “frame”, “mirror” or serve the Software on any web server or other computer server over the Internet or any other network;
(d) copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Software;
(e) store, transmit or distribute any virus or content or other material using the Software that is unlawful, harmful, threatening, defamatory, infringing, offensive or in breach of any person’s rights;
(f) use the Software in any way which is in breach of any right of any person or any Applicable Law;
(g) use the Software or any part of it (or allow it or any part thereof to be used) (including any component of any graphical user interface or the look and feel of the Software) for the purpose of developing, or contributing to the development of, any software competitive with the Software by the Customer or any third party; or
(h) alter, remove or tamper with any trade marks, any patent or copyright notices, or any confidentiality legend or notice, or any numbers, or other means of identification, used on or in relation to the Software.
13.3 The Customer must not, and must use reasonable endeavours to ensure that its End Users (including Administrators) do not breach the AUP.
13.4 The Company may terminate and/or suspend one or more End User Accounts and their access to the Software, where End Users:
(a) repeatedly infringe the AUP; or
(b) commit a material breach of the AUP.
13.5 The Company may at any time modify any End User settings and/or configure the Software, to prevent an actual or suspected breach of the AUP by End Users.
13.6 The Customer must ensure that its End Users do not share their login credentials for the Software with any other person and that only the named End User accesses the End User Account set up for that End User.
13.7 The Customer must notify the Company immediately if it becomes aware of, or suspects, any unauthorised use of any End User credentials.
13.8 The Customer acknowledges that the integrity of the Software is protected by Technical Protection Measures to prevent Intellectual Property Rights, including copyright, in the Software from being misappropriated (TPMs). The Customer must not attempt and must ensure that its Personnel and End Users do not attempt to remove or circumvent any TPM in the Software.
13.9 The Customer must comply with, and ensure that its End Users comply with, any security procedures, policies and standards that the Company notifies the Customer of from time to time with respect to its End Users’ use of the Software.
14. Acceptable Use Policy
14.1 This clause 13 is the Company’s Acceptable Use Policy (AUP). It outlines acceptable and appropriate behaviours expected of any End User accessing and/or using the Software. The Customer must ensure that its End Users comply with the AUP.
14.2 The Customer must ensure that:
(a) all End Users comply with this AUP and do not use, encourage, promote, facilitate, or instruct any person to breach this AUP;
(b) all End Users act appropriately in all respects and do not display, store, distribute, transmit or otherwise make available communications or content via the Software and/or Services that contain abusive, offensive, harmful or objectionable language, that has the quality to defame or libel others, or that infringes on the privacy rights or other rights of others; and
(c) all End Users do not view, download, copy, send, post or access information that is illegal, fraudulent or obscene when using or accessing the Software and/or Services and do not use the Software and Services in any way prohibited by this AUP or which would otherwise cause the Company loss and/or damage and/or negatively affect its reputation, associated goodwill or cause it to fall into disrepute or dispute with any third party.
14.3 Without limiting the above provisions of this AUP, in the course of any End User using and/or accessing any Software and/or Services, the following are strictly prohibited:
(a) accessing any other person’s account other that End User’s allocated account;
(b) uploading any content about a person without the person’s consent or using the Software and/or Services to violate all or any legal rights of any person or company or other entity in any jurisdiction;
(c) using the Software and/or Services in breach of the Privacy Act 1988 (Cth) or any other applicable laws in any relevant jurisdiction;
(d) using the Software and/or Services in relation to crimes such as theft and fraud;
(e) using the Software and/or Services in breach of any laws, including but not limited to, laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy;
(f) unauthorised copying of copyrighted material including, but not limited to, the installation of any copyrighted software for which the Customer does not have an active licence;
(g) using the Software and/or Services in connection with the provision of negligent or unlawful services;
(h) exporting software, technical information, encryption software or technology, in violation of domestic and international export control laws;
(i) any form of computer hacking or introduction of malicious programs into the Company’s or any of its service provider’s network, computer or servers (e.g., viruses, worms, Trojan horses, e-mail bombs, broadcast attacks or any other flooding techniques) or otherwise violating the security or integrity of any network computer or communications system, software application of the Company or its service providers;
(j) revealing an End User Account password to others or allowing use of the Software and/or Services by others who are not authorised to do so including attempting to probe, scan or test the vulnerability of an End User Account or the Software;
(k) using the Software and/or Services to offer, distribute, promote or market fraudulent goods or services;
(l) using the Software and/or Services to upload, store, display, transmit content that is invasive, defamatory and/or obscene;
(m) using the Software and/or Services to carry out security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes (except for the legitimate use of aliases and anonymous remailers, which is permitted);
(n) using the Software and/or Services to execute any form of network monitoring or crawling which will intercept data not intended for the Customer without permission;
(o) using the Software and/or Services to circumvent user authentication or security of any of the Company’s hosts, networks or accounts or those of its customers or suppliers;
(p) using the Software and/or Services to interfere with or deny service to anyone;
(q) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any persons’ use of the Software and/or Services;
(r) sending unsolicited email messages via the Software and/or Services in breach of the Spam Act 2003 (Cth) or other applicable law;
(s) using the Software and/or Services to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages;
(t) using the Software and/or Services to send email to any email address, with the intent to spam or harass;
(u) operating network services like open proxies, open mail relays, or open recursive domain name servers;
(v) using the Software and/or Services to create or forward “chain letters”, “Ponzi” or other “pyramid” schemes of any type; and
(w) use of the Software and/or Services in breach of any person’s privacy (such as by way of identity theft or “phishing”).