Terms of Use

Acceptable use policy

Please read this document carefully before accessing EMS Bruel & Kjaer’s network and systems. By using any EMS Bruel & Kjaer internet connected services you agree to comply with the terms of our acceptable use policy.

1. Purpose
This Internet Acceptable Use Policy (“Policy”) sets out the rules which apply to your use of our internet connected services (“Internet Connected Services”), including your responsibilities, and permitted and prohibited uses of those services.

Compliance with this Policy ensures you may continue to enjoy and allow others to enjoy optimum use of our Internet Connected Services.

2. Application
This Policy applies to all customers and visitors who access our Internet Connected Services.

Your obligation to comply with this Policy includes your obligation to ensure any person who you allow to use your equipment to connect to our Internet Connected Services also complies with this Policy.

Your failure to comply with this Policy (including by any person who you allow to use your equipment to access our Internet Connected Services) may lead to the suspension or termination of your connection to our Internet Connected Services.

3. Responsible Usage
You are responsible for your actions on our telecommunications network (“Network”) and systems you access through our Internet Connected Services. If you act recklessly or irresponsibly in using our Internet Connected Services or your actions endanger any person or the integrity or security of our Network, systems or equipment, your access may be restricted, suspended or terminated, without prior notice.

In particular, you agree that you will not use, attempt to use or allow our Internet Connected Services to be used to:

  • store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable Commonwealth, State or Territory law, or which is likely to be offensive or obscene to a reasonable person;
  • store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless you have a lawful right to do so;
  • do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;
  • do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable Commonwealth, State or Territory law or which is in breach of any code, standard or content requirement of any other competent authority;
  • do anything, including store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing, using or enjoying the Internet, our Services, Network or systems;
  • forge header information, email source address or other user information;
  • access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
  • compromise the security or integrity of any network or system including our Network;
  • access, download, store, send or distribute any viruses or other harmful programs or material;
  • send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out in clause 4, or overload any network or system including our Network and systems;
  • use another person’s name, username or password or otherwise attempt to gain access to the account of any other Customer;
  • tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
  • authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.

4. Spam
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.

4.1 Codes of Practice
The Internet Industry Codes of Practice registered with the Australian Communications and Media Authority (“ACMA”) set out how sources of Spam are managed within networks and you agree that you will not use our Internet connected equipment or services to generate “Spam” messages.

4.2 Suspension or Termination
This Policy prohibits you from using our Internet Connected Services to send Spam. If you breach this prohibition, we may suspend or terminate your access to our Internet Connected Services. The circumstances in which we may do so are set out in section 7 below.

5. Excessive use
You must use our Internet Connected Services in accordance with any download or capacity limits we impose . We may limit, suspend or terminate your use of our Internet connected Services if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our Network or systems.

6. Copyright
It is your responsibility to ensure that you do not infringe the intellectual property rights of any person in relation to any material that you access or download from the Internet and copy, store, send or distribute using on our Internet Connected Services.

You must not use our Internet Connected Services to copy, adapt, reproduce, distribute or otherwise make available to other persons any content or material (including but not limited to films or music files in any format) which is subject to copyright or do any other acts in relation to such copyright material which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 or any other applicable laws.

You acknowledge and agree that we have the right to immediately cease access to and remove from our Network or systems any content upon receiving a complaint or allegation that the material infringes copyright or any other intellectual property rights of any person.

7. Suspension or Termination
We reserve the right to suspend your access to our Internet Connected Services if you are in breach of this Policy, if you commit a serious or continuing breach, it may be reasonable to immediately suspend your acces to our Internet Connected Services without notice to you.

Our right to suspend your access to our Internet connected Service applies regardless of whether the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.

8. Changes to this Policy
We may vary this Policy, your continued use of our Internet Connected Services will constitute acceptance of the variation to the terms of any changes to this Policy.

© 2018 EMS Bruel & Kjaer - A Spectris company

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