Demographic Mapping Online Pty Ltd (DMAP) may revise this Fair Use and Liability Policy without notice by making available on-line a new version of this policy on www.dmap.com.au. Users of DMAP’s Services should regularly consult this on-line document to ensure they comply with the most recent version of this policy.The terms of this policy will apply in the event of any inconsistency with any DMAP Member Agreement.
Any questions or reports of violations with respect to this policy may be sent to admin@dmap.com.au.
Fair Use
DMAP provides services (Services). Subject to law, DMAP reserves the right to monitor usage of the Service to ensure compliance with the terms of this Policy and the DMAP Member Agreements. ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY DMAP SO THAT THE USER’S ACCOUNT MAY BE CLOSED.Use of the Services is subject to the following rules and guidelines. Each user of the Services is responsible for ensuring that the use of all Services provided to such user complies with this Fair Use and Liability Policy (the “Policy”).
1. Inappropriate Activity
1.1 You cannot use (which includes but is not limited to transmission, distribution or storage) or permit anyone else to use the Service:
(a) for any illegal purpose, in contravention of any local, state, federal or international law;
(b) to achieve unauthorised access to any computer systems;
(c) for unauthorised access or distribution of any software, data, or material protected by trade secret, copyright, patent or other intellectual property rights;
(d) for excessive data transfer which interferes with the experience of other users;
(e) to deny access to other users of the Service;
(f) to interfere with the use of the equipment or services by other users or disrupt the DMAP backbone network nodes or network services;
(g) to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user of the Service and/or the Internet community. This includes but is not limited to “flooding” (the rapid generation of text with the intention of filling another user’s screen), “takeovers” (the unauthorised assumption of operator privileges), sending personal messages to users who do not wish to receive them (such as using “ignore”), attempting to re-enter a “channel” after having been banned from it, or any other disruptive behaviour.
(h) to post or transmit any unsolicited advertising, promotional material or other forms of solicitation to any person, except in those areas that are designated for such a purpose;
(i) knowingly transmit a computer virus to another user or the Internet generally;
(j) in a way that would be a breach of privacy or confidentiality;
(k) in a way that would breach the Fair Use or similar usage policies of any network to which access is gained;
(l) in contravention of instructions given by DMAP; nor
(m) for resale.
2. System and Network Security
2.1 Users must not attempt to discover (“crack”) the user identification or security of a host, network or account. This includes without limitation requesting data not intended for the user, logging into a server or an account which the user is not authorised to access, or testing its security (for example using SATAN or a similar method) without the permission of its owner.
2.2 The user must not attempt to disrupt any service, host or network. This includes but is not limited to, the “flooding” of networks, deliberate attempts to overload a system or attempts to “crash” a system.
2.3 Any user who damages any system or network may be prosecuted. DMAP will co-operate fully in efforts to trace such violations and will disclose user data and log files to the judicial authorities if requested to do so.
2.4 DMAP does not access, use or disclose the contents of private communications, except where obliged by law or judicial order. However, as the Internet is a shared resource, others may access or monitor your traffic. DMAP does not warrant that any data or files sent or received by you, or communications directed to or received by you when using the Service will not be subject to unauthorised access by others or that other users will not gain access to your home computer. DMAP has no responsibility and assumes no liability for such acts or occurrences.
2.5 Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, are prohibited.
3. Unsuitable Content
3.1 You cannot use (which includes but is not limited to transmission, distribution or storage) or permit anyone else to use the Service to post or transmit any R-rated, sexually explicit, threatening, abusive, harassing, defamatory, indecent, racially, ethnically or otherwise objectionable or offensive material.
3.2 There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. DMAP cannot assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service, and DMAP shall have no liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.
3.3 DMAP has no obligation to monitor transmissions made on the Services. However, DMAP has the right to monitor such transmissions from time to time and to disclose the same in accordance with your Member Agreement.
3.4 By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorising DMAP to reproduce, publish, display, transmit and distribute such content as necessary for DMAP to deliver the content in a timely manner.
4. Email
4.1 It is prohibited to harass DMAP, clients or third parties through the use of language, the number of messages or the size of a message. “Mail Bombing” is prohibited.
4.2 Users must not send any messages to persons who do not wish to receive them (“junk mail” or “spamming”). Should a recipient indicate that they do not wish to receive any further e-mail, then this request must be complied with immediately.
4.3 Users must not send or forward any “chain letters” even if requested by the recipient.
4.4 It is forbidden to alter “header” information with the intention of representing oneself as somebody else.
4.5 Users must not receive answers to messages sent from an account on another provider’s service that contravenes that provider’s Fair Use or similar usage policy.
4.6 DMAP is not responsible for the forwarding of email sent to any account that has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily at DMAP’s sole discretion.
5. Web Space
5.1 You are solely responsible for any information that you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. DMAP reserves the right to refuse to post, send or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
5.2 For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
5.3 DMAP will not routinely monitor the contents of your web space; however, DMAP has the right to monitor such and if complaints are received regarding language, content or graphics contained on your web pages, DMAP may request that you remove such material and terminate your Member Agreement if it determines that you have violated the terms of this Policy.
6. Violation of Fair Use and Liability Policy
6. DMAP reserves the right, in its sole discretion to:
(a) remove any material that violates, or DMAP reasonably believes violates, DMAP policies;
(b) hold you liable for any damages resulting from the violation of any DMAP policies;
(c) block access to the Service;
(d) make, on request of the relevant authorities, data available which might be used for criminal or other police or government investigations.
7. Copyright
7.1 Information and materials on this website, including data, pages, documents, online graphics, images and web pages, code, software, audio and video are protected by copyright, unless specifically notified to the contrary. You must not publish or use, without our prior written consent, any trademark, tradename, logo, service mark, software, code, copyright or intellectual property of any kind of DMAP.
7.2 You must not reverse engineer, modify or hack code created by, owned by or relating to DMAP.
7.3 You must not alter or remove any proprietary rights, notices or information relating to DMAP.
7.4 Use of any intellectual property rights relating to DMAP does not include or cause the transfer of ownership of those rights or give you any property rights in any of them.
7.5 You indemnify DMAP against any claim, loss or damages by any third party arising out of your unauthorised use of any intellectual property rights.
8. Liability
8.1 DMAP does not review, update, maintain, censor or monitor the content provided in its Service and is not in any manner whatsoever responsible for its use, accuracy, validity or currency. All content accessed or used by you and those you have authorised, is accessed entirely at your own risk. To the maximum extent permitted by law, DMAP assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceeding arising out of or otherwise relating to such content accessed using the Service.
8.2 You indemnify DMAP for any costs, expenses, loss or liability directly or indirectly suffered or incurred by DMAP arising from your breach of these Terms, your use or misuse of the Service.
8.3 DMAP excludes all implied conditions and warranties, except those implied conditions and warranties (including those implied under the Trade Practices Act) which would be illegal or render this clause void.
8.4 DMAP will not be liable to you for any loss and damage you may suffer or incur in connection with the Service, including, but not limited to, loss of revenue or loss of profits, or for loss, corruption or destruction of data or for any other type of indirect or consequential loss or damage whatsoever.