Diamond IT Acceptable Use Policy

The following document explains the terms of use for the Diamond IT DNet Mobile Services.

The networks used by Diamond IT DNet Mobile may be used only for lawful purposes. You must not use the Services or Mobile Network in order to transmit, distribute or store material:

  • In violation of any applicable law;
  • In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity, or other personal rights of others;
  • That is obscene, threatening, abusive or hateful; or
  • That contains a virus, worm, trojan, or other harmful software or component.

You must not connect anything to the network, use the Service or do anything at our Supplier’s sites or facilities in a way that endangers the health or safety of any person or negatively impacts the normal operation of any network or system over which the Service is supplied, damages or interferes with any Supplier site or facility or telecommunications equipment owned or operated by the Supplier or third parties, or interrupts or degrades the normal operation of the Service or of a product or service supplied by the Supplier to another customer or supplied by a customer of the Supplier.

No Spam

You must not use the Service or Mobile Network to accept, transmit or distribute unsolicited bulk data, commonly known as spam (this might be email, SMS messages, MMS messages bulletin boards, messages to communities or groups or websites, software and files). The only circumstances in which the Service or Mobile Network may be used to send bulk data of an advertising or promotional nature is the following:

  • In accordance with any applicable laws relating to spam and the sending of bulk data and where the bulk data is sent to persons with whom the sender has a pre-existing business, professional or personal relationship or to persons who have previously indicated their consent to receive such data from the sender from time to time (for example by giving their consent by filling in information to that effect on the sender’s website); and
  • The sender must also provide a free, readily accessible and functioning unsubscribe function (and make this function known to recipients in the relevant data as sent) which allows those recipients to elect not to receive further bulk data.

Unless all these requirements are met, you must not send bulk data using the Service or Mobile Network.

Other prohibited uses

You also must not use the Service or Mobile Network for:

  • Sending data, or causing data to be sent, to or through the service or Mobile Network that hides or obscures the source of the data, that contains invalid or forged headers or domain names or deceptive addressing;
  • Receiving or collecting responses from unsolicited bulk data (spam), whether the original was sent via the service or Mobile Network or not or hosting a web site to which recipients or unsolicited bulk data are directed;
  • Relaying data from a third party’s mail server without permission or which employs similar techniques to hide or obscure the source of the data;
  • Collecting or harvesting screen names or email addresses of others for the purposes of sending unsolicited emails or for exchange;
  • Sending large or numerous amounts of data for the purpose of disrupting another’s computer or account;
  • Sending data that may damage or affect the performance of the recipient’s equipment;
  • Persistently sending data without reasonable cause or for the purpose of causing annoyance, inconvenience or needless anxiety to any person;
  • Sending mass messages (including for the purpose of advertising), other than within communities, groups or websites that specifically encourage or permit advertising;
  • Sending binary files (rather than text files), other than within communities, groups, or websites that specifically encourage or permit this;
  • Providing interactive gambling content.
  • You must not violate, or attempt to violate, the security of the service or Mobile Network, including, without limitation:
    • Accessing material not intended to be accessed by you or logging into a server or account which you are not authorised to access;
    • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
    • Attempting to interfere with, disrupt or disable services to any other user, host or network, including, without limitation, via means or overloading, flooding, mail bombing or crashing;
    • Forging any TCP/IP packet header or any part of the header information in any email or any community, group or website posting; and
    • Taking any action in order to obtain services to which you are not entitled,

Violations of system or network security may result in civil or criminal liability. Diamond IT will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.

Diamond IT may immediately suspend or terminate a Service without notice or warning if:

  • Diamond IT has reasonable grounds to believe that your use of the Service will give rise to a threat or risk to the security and/or integrity of the networks and the service; or
  • You access the Mobile Network in a way that we believe is causing a fault or having a detrimental effect on the Mobile Network or other users or Customers.

Viruses, Worms,Trojans and Denial of Service Attacks

It’s important to protect networks and devices against higher level malicious programs (such as viruses, worms and trojans) and lower level Denial of Service (DoS) attacks that can be distributed or propagated via the internet, including email. You must ensure that you have in place appropriate protection of your systems, networks and devices to reduce the risk of transmission of such computer programs, and reduce the likelihood of such attacks originating, from their networks, systems and devices through the Service or Mobile Network. Some of these protection methods may include firewalls, an appropriate plan regarding email attachments and the most up to date virus scanning software.

Restrictions of use

You must not:

  • Use the Mobile Service for M2M Use or to facilitate MVOIP or SMSIP delivery (for example, as an alternative to standard circuit switched voice calls or standard SMS messages).
  • Where Mobile Service contains a nominal consumption rate of zero or equivalent:
  • generate mobile terminating access or SMS message terminating access payments (for example, by using SIM boxing);
  • transmit, refile or aggregate domestic or international traffic on the Mobile Network; or
  • use the Mobile Service with devices that switch or reroute calls to or from the Mobile Network or any third party without Diamond IT’s
    • Resupply the Mobile Service.

If Diamond IT or a Diamond IT’s Supplier becomes aware of, or reasonably suspects, that you have breached the above obligations, Diamond IT or a Diamond IT Supplier may:

  • Require you to cease the activities that are in breach of these obligations within 24 hours;
  • Suspend, limit or terminate your account or the provision of the Mobile Service (or any feature of it); and/or
  • Charge you on a pay-as-you-go basis, by notice to you.

Suspension or termination

If you violate any element of this Diamond IT DNET Mobile Acceptable Use Policy, then under the relevant  Agreement, Diamond IT may suspend or terminate the relevant Service. Diamond IT may give notice to a Customer warning that the Customer’s use of a Service is in violation of this Acceptable Use Policy and that their Service will be suspended or terminated. If the Customer does not rectify their use of a Service, Diamond IT will suspend or terminate the relevant Service. Diamond IT may also immediately suspend or terminate a Service without notice or warning. Diamond IT may also suspend or terminate a Service, with or without notice, if required by any applicable law. Where Diamond IT has a right to suspend your account or the provision of a Mobile Service, then:

  • Any expiry date applicable to the credit expiry period or the plan will not be affected by such suspension;
  • Any suspended Mobile Service will retain its Mobile Number;
  • Diamond IT may reject any Porting request in relation to the suspended account or Mobile Service during the period of suspension; and
  • If your account is not reactivated within six months from the date of suspension, Diamond IT may place your account in a deactivated state.

Diamond IT may disconnect your account permanently if it enters a deactivated state. If this happens all unused value or credit allocated to that account is forfeited and the Mobile Number will be quarantined. Diamond IT may seek written assurances from Customers that they will cease using a Service in a way that violates this Acceptable Use Policy.

Diamond IT is not liable for any damages of any nature whatsoever suffered by any Customer or any third person resulting in whole or in part from Diamond IT exercising of its rights under this Acceptable Use Policy.

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