1. Terms and Amendment Procedure
1.1 These are the terms upon which we agree to provide the Service to the Client. The agreement made between Simple iD and client with these terms commences on the date of original up front milestone payment invoice when your order for Services was accepted by Simple iD.
1.2 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by general notice on a page of the Internet referred to on the Simple iD website http://www.simpleid.com.au/terms-and-conditions
or by email or other methods of communication. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.
1.3 If you use the Service after that publication, your use will constitute an acceptance of the amended terms.
1.4 These terms constitute the agreement in its entirety and supersede prior agreements.
1.5 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Simple iD's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.
2.1 Simple iD will assign the Client with logon details which will provide you with access to the web based admin (which is used by you to configure various features of the web service). We will provide the Client with Web Services as per the plan and/or service selected.
2.2 Correct operational procedures can be accessed via web based admin or contacting Simple iD directly.
2.3 Scheduled Maintenance - We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the service to be offline for more than 30 minutes we will post details of the scheduled maintenance to the Simple iD blog
and twitter account
at least 48 hours in advance of the maintenance.
2.4 Unscheduled Maintenance - We may need to perform unscheduled maintenance. If unscheduled maintenance requires the Service to be offline for more than 30 minutes, we will post details of the event to the Simple iD blog
and twitter account
after the maintenance has been completed.
2.5 Archiving of Data - We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site/service. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient client data recovered from our backups.
2.6 Any web services provided by Simple iD will be from its selected IDC providers location. Simple iD. will determine in its absolute discretion from time to time the data center location from which your Service is provided.
2.7 In contracting with Simple iD for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by Simple iD to deliver the Service.
2.8 In the absence of any additional written agreement, these terms and conditions (as varied from time to time) will apply to any further Services you acquire from Simple iD.
2.9 Except to the extent specified to the contrary in this agreement, we shall not be obliged to support the Service, whether by providing advice, training, error correction, modification, updates, new releases or enhancements or otherwise.
2.10 Any requests for Simple iD or its contractors to review or correct any services that are not covered by support contracts will be billed at time and materials. Simple iD will endeavour to advise of any charges in advance where possible.
3.1 You must pay for the Service as notified to you by Simple iD in accordance with the prices in force for Services from time to time. Hosting, SSL and any ongoing product or service licensing & training will be charged yearly in advance and remain independant from any design services.
3.2 You must pay all Service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and invoice details in advance. This includes any charges that have been incurred directly by requests made from authorised idividuals or your organisation that result in time and materials billing.
3.3 Any prices published on our web site are exclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
3.4 In addition you must provide and pay for:-
(a) the installation and use of telephone lines and all other equipment needed to access the Service; and
(b) all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.
3.5 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing of bandwidth excess is on a monthly cycle beginning when you register. If you register after the 28th of each month, your billing date becomes the first of the next month.
3.6 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
3.7 At Simple iD's discretion an account keeping fee of $10.00 may be issued. The account keeping fee will be charged per customer account. If a customer has multiple accounts with Simple I.D., the account keeping fee will be charged on each account for which monthly invoices are issued.
3.8 The standard due period for development and hosting fees is 14 days. If the account is not settled within the billing period, the Service may be suspended and no deliverable part of any project will be supplied until the account is settled.
4. Warranties and Liabilities
4.1 We do not warrant that:-
(a) the services provided under this agreement will be uninterrupted or error free;
(b) the services will meet your requirements, other than as expressly set out in this agreement;
(c) the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Simple iD.; or
(d) any service offered by Simple iD whether hosted or not will be uninterrupted or error free.
(e) the provision of the Service or any part of the Service will provide you with a secure or confidential means of communication;
4.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the re supply of the Simple iD services again; or payment of the cost of having the service(s) supplied again.
4.3 Except as provided under clause 4.2, none of Simple iD, its subsidiaries, officers, directors, employees, partners or suppliers will be liable to you or any third party for:-
(a) any special, punitive, incidental, indirect or consequential damages of any kind;
(b) any damages whatsoever, including, without limitation, those resulting from:
(i) loss of use, data or profits, on any theory of liability, arising out of or in connection with the use of or the inability to use the Services;
(ii) the statements or actions of any employee or agent of Simple iD;
(iii) any unauthorised access to or alteration of your web site/service, transmissions or data;
(iv) any information that is sent or received or not sent or received;
(v) any failure to store or loss of data, files or other content;
(vi) your fraudulent, negligent or otherwise unlawful behaviour;
(vii) information, data or other material provided to Simple iD by you or on your behalf; or
(viii) any Services that are delayed or interrupted;
(ix) any data corruption that may occur due to direct or indirect interaction with client or third party services/data by Simple iD.
4.4 You warrant that:-
(a) at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
(b) you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
(c) you will keep secure any passwords used to upload data to the Server; and,
(d) you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.
4.5 You accept responsibility for all information and material you issue over any Service, and indemnify Simple iD and its information providers, licensors, licensees, suppliers, employees or agents and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through the Service. We do not accept any liability for any loss, claim or damages arising from or relating to information and material available through or related/interacting with/to the Service, to the full extent permitted by law. You access and use such information and material at your own risk.
4.7 You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.
4.8 Except as provided in clause 4.2. we are not liable to you or any other person for:-
(a) cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service;
(b) the content, context or confidentiality of any communications made using the Service;
(c) loss or damage caused by custom applications and/or third party software applications forming part of the Service.
4.9 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
(a) your breach of these terms;
(b) your use or misuse of the Service;
(c) The corruption of any data caused by the use of this service
(d) the use or misuse of the Service by any person using your account; and,
(e) publication of defamatory, offensive or otherwise unlawful material on any web site/service forming part of your Service.
5. Suspension and Termination of Service
5.1 We may from time to time without notice suspend the Service, or disconnect, or deny your access to the Service in the following specific circumstances:-
(a) during any technical failure, modification or maintenance involved in the Service, provided that we will use all reasonable endeavors to procure the resumption of the Services as soon as is reasonably practicable; or
(b) if the Customer fails to comply with any agreement entered into, or associated in any way with, Simple iD, of which would constitute a breach of the said agreement (including but not limited to a failure to pay charges due to Simple iD), until the said breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in the opinion of Simple iD may have the effect of jeopardising the operation of the Service.
(c) notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
5.2 Simple iD may without notice to you remove, amend or alter your data upon being made aware of:-
(a) any claim or allegation; or
(b) any court order, judgment, determination, or other finding of a court, or other judicial, regulatory, or competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
5.3 Automatic renewal of web services, including domains, will be undertaken and an invoice generated thirty (30) days before the renewal date (herein defined as the renewal period), which may be payable via account terms or credit/debit card. Any usage of web services within the renewal period is classified as acceptance of our renewal terms and will subsequently be billed for the annual cycle (subject to clause 5.4).If an invoice is not fully paid by seven (7) days before the renewal date, Simple iD retains the right to suspended the account and related services. If any services, or existing plan features are not required, then Simple iD must be informed by you of this non-requirement, and subsequently acknowledge this in writing, thirty (30) days before the renewal date. Should we not be informed as to the said non-requirement within the thirty (30) day period, you will subsequently be billed for the annual cycle in accordance with the current services you are using under your current Contract.
5.4 We may end our agreement with you and cease providing Services for any reason, on providing seven (7) days written notice to you. You may cease all services hosted or managed with Simple iD on thirty (30) days written notice. All managed or hosted services are billed and paid annually and no refunds (including no pro-rata refunds) will be issued upon cancellation.
5.5 If your account is closed you must pay all outstanding charges immediately and we reserve the right to delete all Client Data from any storage media, should these said outstanding charges remain unpaid for a period of more than thirty (30) days after your account is closed. Unless otherwise arranged and agreed in writing by an authorised Simple iD. staff member there will be no handover of website/service or associated code to the client on CD or any other format.
6. Domain Names
6.1 If you have requested that Simple iD registers a .com, .net, .org, .biz or .info domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net, .org, .biz and .info domain names issued by the registrar Melbourne IT Limited found via the URL: www.melbourneit.com.au.
You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.
6.2 If you have requested that Simple iD register a .com.au domain name on your behalf, you agree that you have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited, found via the URL: www.melbourneit.com.au.
6.3 You agree that in the event of a dispute in registering a domain name or about a domain name after registration, MelbourneIT's Dispute Resolution Policy and Rules for Dispute Resolution Policy any variations to them from time to time bind Simple iD You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Resolution Policy become effective, you are confirming your continued acceptance of these changes and modifications. You agree that in the event of a dispute you will submit to the jurisdiction of the courts as provided in the Dispute Resolution Policy. The Dispute Resolution Policy can be found via the URL: www.melbourneit.com.au. and the Rules for Dispute Resolution Policy can be found via the URL: www.melbourneit.com.au.
6.4 You agree that you must pay for any registration or delegation charges imposed by MelbourneIT or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance.
6.5 Simple iD makes no representation and gives no warranty about your chosen domain name being available for registration or use by you.
6.6 You expressly authorise and direct Simple iD to:-
(a) be nominated as authorised billing contact for your domain name with the domain name registrar;
(b) renew your domain name registration upon receipt of renewal notification from the domain name registrar, and invoice you for the relevant charge in accordance with Simple iD's list price from time to time.
6.7 You indemnify Simple iD against all claims arising out of your registration and use and renewal of registration of your chosen domain name.
7. SQL Database Services
If you purchase SQL database Services, you agree that you have read and will be bound by these terms
7.1.1 A SQL Set-up Fee from AUD$121 will apply to all new SQL Server databases.
7.1.2 A Monthly Management Fee from AUD$30 will apply to all applicable hosting levels supporting SQL Server databases.
7. Service level agreement
7.1 Simple iD will endeavor to supply the service with minimal interruptions.
7.2 If the service is interrupted and it is found to be directly caused by equipment supplied by Simple iD the client will be eligible to claim a percentage of that months hosting fee only if uptime falls below 99.9% for the given month.
7.3 Any claim made will be limited to the percentage of the hosting fee for the given month.
8. Condition of Services
8.1 Simple iD's services are offered by directly through Simple iD and licenses by you on following conditions:-
(a) Simple iD provides Web Services software 'as-is' and without warranty of any kind, either express or implied.
(b) Simple iD gives no warranty that:-
(i) Web Services will meet your requirements;
(ii) Web Services will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Web Services will be effective, accurate or reliable; and
(iv) any errors in the Web Services software obtained from or used through Simple iD's site/service, or any defects in the Web Services,
(v) websites or services provided can be moved or will work on third party servers and/or systems
(c) Simple iD will not be liable for acts or omissions of third party Web payment gateway providers such as Camtech, NewsConnect SafePay, Securepay, WorldPay, and any other provider. who may provide those services as part of the Web Services. You will deal with those providers at your own risk.
(d) You accept full responsibility for all online transactions you originate or execute using the Web Services with or without credit and/or debit cards.
(e) You are responsible for and indemnify Simple iD in respect of legal obligations you have to end-users of the Web Services under any legislation, including without limitation the Privacy Act (Cth) 1998 as amended.
(f) Simple iD. accepts no responsibility for any cost, loss or liability (including loss of profit or other consequential damage) that might arise through your use of the Web Services.
(g) You indemnify Simple iD and hold us harmless against any liability in relation to all transactions undertaken using the Web Services, including in respect of claims by or in respect of services provided by payment gateway providers.
8.2 You acknowledge that Simple iD is acting as a reseller of payment gateways and is not the agent, partner or joint venture of the supplier of such Services to Simple iD.
8.3 You acknowledge that in order for Simple iD to provide a complete solution that aspects of a project may be handled by information providers, partners, suppliers, contractors, employees or agents.
8.4 You will make documentation specific to the business requirements for web or other services available to Simple iD., together with staff assistance as necessary. This information will be used as the basis to create;
(a) Software modules, based on specifications and designs that expand or enhance existing software components that will remain the property of the development team and/or its original copyright owners. These components will be made available to the client on a non-exclusive basis for use in conducting their normal course of business.
(b) Designs that support business objectives that are applied to print or electronic mediums and tie in seamlessly with specified software modules.
8.5 Unless otherwise specified within the project proposal Simple iD will provide the client with;
(a) Up to three (2) initial mock-ups. If required a further three (2) mock-ups will be presented for review and subject to an hourly rate. Upon selecting a mock-up it will be refined through one (1) round of revisions which will form the final design.
(b) Staged consultation, review, feedback and sign off points throughout the project lifecycle.
(c) Flexibility within reason and initial scope as outlined the the job proposal.
(d) Timely feedback and progress reports
(e) Updates on timeline increments caused due to client delay
8.6 Except where specified to the contrary, you acknowledge that there is no transfer of title or ownership to you of software or documentation provided with or as part of the Service, or any modifications, updated or new releases of the software or documentation provided with or as part of the Service.
8.7 Domestic and International copyright and trademark laws protect the entire contents of designs, websites and software solutions. Copyright to the finished assembled work of web pages and/or artwork produced by Simple iD is owned by Simple iD Upon final payment of the contract/ project, the client is assigned rights to use as a website and/or print material the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Simple iD and its subcontractors retain the right to display graphics and other design elements as examples of their work in their respective portfolios.
9.1 In most cases Simple iD proposals are fixed cost; however Simple iD proposals are based on knowledge and information available to us at the time. Any withheld or misleading information may lead to additional costs.
9.2 Simple iD will provide services additional to those outlined in any proposal at Simple iD's time and materials rates, quoted on application for the service. (E.g. Installation of software, client staff training, post production services & support including maintenance plans.)
9.3 The prices outlined in any proposal are estimates based upon assumptions made during internal Simple iD planning. Cost estimates are prepared assuming Simple iD’s standard level of service and taking into account work that has been completed on similar Simple iD projects in the past.
At our sole discretion, Simple iD will deliver systems that by fair practice in our industry can be reasonably described by the terms outlined in the proposal provided. Extensions to these systems requested by the client that cause estimated development timeframes to be exceeded may incur extra costs at Simple iD's discretion.
9.4 Simple iD will work closely with the client in order to minimise the risk of budget and timeline blowouts caused by limited consultation or inadequate specifications, technical and design understanding and implications.
9.5 Simple iD. warrants that sofware products we develop will perform in accordance with the proposal and documented specifications and written materials. We will support the product and correct any bugs for a period of ninety (90) days from the date of going live at no cost to the client.
Any support past this point will be at Simple iD's discretion and subject to a support plan.
Any Support Services provided by Simple iD, its support team and partners will make commercially reasonable efforts to solve any problems associated with the sofware product.
10.1 You shall not, without our prior written approval, disclose our Confidential Information.
10.2 You shall not be in breach of subclause 1 in circumstances where you are legally compelled to disclose the Confidential Information.
10.3 You shall take all reasonable steps to ensure that your employees and agents, and any sub-licensees do not make public or disclose our Confidential Information.
10.4 We may at any time require you to arrange for your employees, agents or sub-contractors engaged in the performance of this agreement to execute a suitable confidentiality deed.
10.5 You shall on demand return to us any documents supplied by us to you in connection with this agreement.
10.6 We shall not, without your prior written approval, disclose your Confidential Information.
10.7 We shall not be in breach of subclause 1 in circumstances where we are legally compelled to disclose your Confidential Information.
10.8 We shall take all reasonable steps to ensure that our employees and agents, and any sub-licensees do not make public or disclose your Confidential Information.
10.9 This clause shall survive the termination of this agreement.
11.1 The Client grants to Simple iD a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Client's web site/services or emails.
11.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
11.3 The law in force in Australia governs this agreement and the transactions contemplated by this agreement.
11.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.
Simple I.D. Acceptable Policy
This is Simple iD.'s Acceptable Use Policy. It applies to you if you are a Simple iD Customer or User ("you"). It is intended to ensure that your use of Simple iD's service is trouble free and that you have due regard to the law and the needs of other users.
Please read it carefully. It is a condition of your use of our service that you comply with the terms of this Policy.
Please look out for any amendments to the Policy that Simple iD ("we") might make in the future. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.
In this policy we use the following definitions:
Customer means the person or company which has entered into an agreement with Simple iD for supply of Services whether via Simple iD's web site/service or otherwise.
Daily Email Limit means the greater of:
(a) 100 messages per day sent via webmail, your own mailing list or email client; or
(b) One message per mailing list per day.
Potentially Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended).
Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended).
Service means all products and services offered by Simple iD from time to time, which you use.
(a) mass-delivered and/or randomly delivered advertising or other material;
(b) sent to groups of recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them;
(c) delivered via email or discussion groups; and
(d) which does not contain an unsubscribe option.
Users means users of the Service who have not obtained it as a Customer, but via a Customer who is authorised to resell the Services such as a Simple iD Partner.
1. Some General Principles
1.1 Simple iD is not responsible for the content of traffic. We exercise no supervision or control whatsoever over the content of the information passing through our network.
(a) We do not assume any responsibility for information not sent or expressly authorised by us.
(b) The responsibility for traffic that does not conform with this policy and all possible consequences lies with the sender of the traffic.
(c) We accept no responsibility for the consequences of unauthorised breach of our system security such as hacking or denial of service attacks.
(d) Your participation, correspondence or business dealings with any third party found on or through your Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Simple iD shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
(e) Your Site may provide, or third parties may provide, links to non-Simple iD Internet Web sites or resources as a convenience to you (Third-Party Sites). Because Simple iD has no control over such sites and resources, you acknowledge and agree that Simple iD is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by Simple iD of such Third-Party Sites. You further acknowledge and agree that Simple iD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
1.2 You should familiarise yourself with your legal responsibilities. You can view your legal responsibilities in relation to:
(a) supervising and controlling children's access to internet content;
(b) procedures which parents can implement to control children's access to internet content, including availability, use and appropriate application of internet content filtering software; and
(c) obligations which may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation, at either of the following web site/services: http://www.iia.net.au/; or http://www.aba.gov.au/
1.3 You are responsible for use of your account. If you permit others to use our Service, you are responsible for making users of the Service aware of this policy and obtaining compliance of your users with this policy.
1.4 You are responsible for complying with conditions of use of other networks. If we provide you with access to a network outside our Service you must comply with any acceptable use conditions which apply to that network.
2. Acceptable Uses
2.1 It is your responsibility to ensure that you and others whom you permit or enable to use Simple iDs Service do so as follows:
(a) use our Service in a manner which does not violate any applicable laws or regulations;
(b) respect the conventions of the newsgroups, lists and networks that you use;
(c) respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our Service;
(e) use the Service in a manner which does not interfere with or disrupt other Simple iD or partner clients including network users, services or equipment;
(f) refrain from acts that waste resources or prevent other users from receiving the full benefit of our services; and
(g) comply with Simple iD's terms and conditions of supply.
2.2 Your use of our Services should be ethical and in accordance with accepted community standards.
3. Unacceptable Uses
3.1 You must comply with the law. It is not acceptable to use our service for any purpose which violates local, state, federal or international laws. You should obtain independent legal advice about your potential liability for the consequences of the publication of material on a web site/service or content database.
3.2 Specific kinds of use are not allowed. It is not acceptable to use our Service to do any of the following ("Unacceptable Conduct"):
(a) send Spam;
(b) provide a capability on a Simple iD-hosted site/service which permits third parties to send Spam from a Simple iD server;
(c) intentionally omit, forge, delete or misrepresent transmission information including headers, return mailing addresses, internet protocol addresses;
(d) engage in any activity intended to withhold or mask Customer's, or if you are an authorised reseller, its User's corporate identity or contact information;
(e) send electronic chain letters;
(f) distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
(g) send email to a recipient after the recipient has un subscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
(h) send more emails than the Daily Email Limit;
(i) undertake activities which cause or may cause third party service providers to place Simple iD's internet protocol (IP) addresses on a blacklist and/or block those IP addresses;
(j) undertake any activity which impedes Simple iD's ability to provide its Service;
(k) make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;
(l) violate copyright or other intellectual property rights;
(m) illegally store, use or distribute software in order to transmit threatening, libelous, obscene or offensive materials;
(n) engage in electronic 'stalking' or any other form of harassment such as using abusive or aggressive language;
(o) misrepresent or defame others;
(p) harass or impersonate Simple I.D. or other users;
(q) commit fraud, gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the internet;
(r) damage, modify or destroy the files, data, passwords, devices or resources of Simple iD, other users or third parties;
(s) engage in misleading or deceptive online marketing practices;
(t) conduct any business or activity or solicit the performance of any activity that is prohibited by law;
(u) make an unauthorised transmission of confidential information or material protected by trade secrets;
(v) place on the internet, obtain through the internet or transmit using the internet, Prohibited Content or Potentially Prohibited Content;
(w) place on the internet, obtain through the internet or transmit using the internet any of the following:
(i) Content which is (or would be) classified RC or X by the Classification Board. Such content includes:
- material containing detailed instruction in crime, violence or drug use;
- child pornography;
- excessively violent or sexually violent material
- real depictions of actual sexual activity; or
(ii) Content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the ABA. Content classified R is not considered suitable for minors and includes:
- material containing excessive and/or strong violence or sexual violence;
- material containing implied or simulated sexual activity;
- material which deals with issues or contains depictions which require an adult perspective;
(x) propagate computer worms, viruses and other types of malicious programs;
(y) use the service to interfere or disrupt other network users, services or equipment;
(z) attempt to do any of the things set out in (a) to (y) above.
3.3 It is not acceptable to use our Service to solicit subscribers to become subscribers of other competitive services.
3.4 Resale of our Services to others is strictly forbidden under all circumstances unless expressly approved by Simple iD in writing. The Partner program provides for the resale of services.
4. Third Party Complaint Process
4.1 From time to time, Simple iD receives complaints from third parties ("Complaints") regarding Unacceptable Conduct, allegedly being conducted by Customers or their Users. Simple iD will make reasonable endeavors to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where Simple iD reasonably believes that it must take urgent action without reference to the Customer.
4.2 Simple iD's policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, Simple iD's Customers authorise and direct Simple iD to provide to third party complainants the relevant Customer's email contact details.
4.3 You have a right to complain to the ABA about content. If you become aware that a web site/service hosted by Simple iD contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to the Australian Broadcasting Authority by contacting them at: ABA, Head Office, Level 15 Darling Park, 201 Sussex Street, Sydney NSW 2000, or through their web site/service at URL http://www.aba.gov.au/.
5. What We May Do to Ensure That This Policy is Being Followed
5.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.
5.3 We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:
(a) warn you by email (but we are not obliged to do so);
(b) suspend your access to the Service;
(c) terminate your account without notice; and/or
(d) notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
5.4 In the event of taking action under 5.3 we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.
5.5 We may, in our absolute discretion and without notice to you, suspend or terminate your access to the Service:
(a) where we are made aware that a court order, judgment, 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; and
(b) if we are directed to do so by the ABA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended).
5.6 You agree that you will have no claim against Simple iD in respect of any action reasonably taken by Simple iD in its implementation of the terms of this Acceptable Use Policy, and you indemnify Simple iD against any claim by a User arising out of the same.