Acceptable Use Policy

Northland Connect Limited Acceptable Use Policy

It is Northland Connect’s intent to provide our customers with the highest quality Internet service possible. In order to accomplish this and to do our best to protect our customers and partners, we have adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of Northland Connect Internet Services as well as permissible and prohibited activities for using the Northland Connect Network to access the Internet.
It is the responsibility of all Northland Connect customers and all others who have access to the Northland Connect network (collectively known as the user or you), to comply with this Policy, and all other Northland Connect policies; including but not limited to the Northland Connect Terms and Conditions. The use of Northland Connect Internet Service confirms your acceptance of this Policy and all other policies. Failure to comply with these or any other Northland Connect policies may result in the suspension or termination of the Internet Services to you.
Northland Connect reserves the right to immediately terminate all Internet Services and the user account without warning if you engage in any prohibited activities listed in this Policy.

Northland Connect may revise the Policy at any time without notice by posting a new or amended version of this document on our website https://ncl.net.nz The new or amended Policy is effective immediately upon posting.

Prohibited Uses

Prohibited uses include, but are not limited to, using the Northland Connect Internet Services to:
a) Undertake any unlawful purpose. This includes, but is not limited to; posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence.
b) Post, store, send, transmit, or disseminate any information or material which could be deemed to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.
c) Access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to negate the user authentication or security of any host, network, or account.

d) Use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning, for any reason, is strictly prohibited.
e) Upload, download, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through Northland Connect Internet Services or otherwise that is protected by copyright or other proprietary right, without the approval of the legal owner.
f) Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy Northland Connect Internet Services, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information.
g) Transmit unsolicited bulk or commercial messages or spam.
h) Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.
i) Alter, modify, or tamper with any equipment that may be provided as part of Northland Connect Internet Services.
j) Interfere with the computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host.
k) Violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access.

Excessive Use

As Northland Connect Internet Services is a shared access to the greater Internet, it is the users responsibility to ensure that their actions on the Northland Connect network do not impact on the experiences of other Northland Connect users. Therefore Northland Connect will take action on specific users that are deemed by Northland Connect to be utilising Northland Connect resources excessively with the possibility of impacting on other users. This includes but is not limited to the amount of data that may be downloaded in a month or part of a month.

Northland Connect may:

a) Warn the customer that continued excessive downloading may result in further action;
b) Shape, filter, exclude or prohibit the further downloading of further data – either in its entirety or apply this on certain types of traffic;
c) Continued excessive downloading may result in the cancellation or suspension of the account without warning;
Northland Connect will, at its discretion, reset your connection to ensure that the service cannot be used in this manner.

Simultaneous Connections

You must not have more than one connection to our service using your user ID at any time. If for any reason you do have simultaneous connections we reserve the right to charge you $5.00 per hour (or part hour) for each additional connection.

Static IP Addresses

Static IP addresses may be provided to customers on request, at Northland Connect’s discretion. Static IP address cannot be used for hosting services where there is a possibility that spamming or any other activity detrimental to the network can occur. This includes, but is not limited to open relays, P2P services or FTP. Any customer who wishes to host service should contact Northland Connect, as Northland Connect will provide a Static IP where, in their reasonable opinion these services can be managed effectively. If a customer is deemed to be undertaken detrimental activity with a Static IP, Northland Connect can block the Static IP address immediately, and may take further action that Northland Connect deems fit.

Interleaving

In some cases Northland Connect Internet Services provides for the turning off of interleaving. All services have interleaving on as a default setting, and turning interleaving off must be requested, subject to the following:
a) As removing interleaving may affect the quality of the service, service may be degraded – customers should be aware that the service may not meet their expectations;
b) Further to the above, Northland Connect may turn Interleaving back on to ensure a minimum quality of service is experienced;
c) As the change in interleaving is a manual process only one change, either on or off, will be permitted per month, with the exception of the change for point B above.

Security

As the registered user of Northland Connect Internet Services you are responsible for any misuse of the Services, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to Northland Connect Internet Services by strictly maintaining the confidentiality of your Service login and password.

Inappropriate Content and Transmissions

Northland Connect reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials that we deem to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Northland Connect is not under any obligation to monitor transmissions or postings including e-mail, newsgroups, personal web pages (home pages) or features made on the Northland Connect Network. However, Northland Connect reserves the right to monitor these transmissions and postings for violations of this Policy and to disclose, block, or remove them.

Electronic Mail

Northland Connect Internet Services may not be used to send unsolicited bulk messages. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is also prohibited. Northland Connect is not responsible for forwarding e-mails sent to any account that has been suspended or terminated. These e-mails will be returned to the sender, and may be ignored, deleted, or stored temporarily at Northland Connect’s sole discretion. In the event that Northland Connect believes that any subscriber name, account name, or e-mail address on the Northland Connect Internet Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Northland Connect reserves the right to block access to and prevent the use of the offending email account. You must not view, collect, forward, or intercept e-mail or other private communications not intended, by the sender, for you, or attempt to do any of these things.

Spam

It is the user’s responsibility to ensure that they do not participate in any spamming activity. This includes allowing their computer, knowingly or unknowingly to originate, transfer or relay messages deemed to be Spam. On identifying a user that is spamming Northland Connect will:
a) Immediately block the user from being able to continue to Spam;
b) Send an e-mail to the user outlining the reason for the block and explaining that they must provide proof that they have cleaned their computer before having their address unblocked;
c) Continue to block the user until they have provided to Northland Connect proof that they cleaned their computer from any ability to participate in Spamming;
d) At Northland Connect’s discretion Northland Connect may charge a cleanup fee of NZ$200.00 per e-mail;
If Northland Connect finds that the user continues to participate in Spamming activates Northland Connect will permanently block the user from the network.
Newsgroups
Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups, as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. You are responsible for determining the policies of a given newsgroup before posting to it. Northland Connect reserves the right to discontinue access to any, newsgroup at our discretion.

Connection Speeds

Connection speeds identified with each service represent theoretical maximums that can be achieved. Actual speeds vary, depending on your distance from the cell site, type and condition of the hardware on your premise, national backhaul requirements, gateway sizes and hosting server conditions. Northland Connect makes no guarantees, warrantees or other promises relating to the speeds experienced by the user. Furthermore, Northland Connect may be required to undertake maintenance on the network which may affect the connection from time to time. Northland Connect endeavours to undertake planned activity during a maintenance window of 12am to 5am.

Unscheduled emergency maintenance may happen at any time. Northland Connect will also, where possible, advise the customer in advance of planned outages via its website https://ncl.net.nz

General

Northland Connect reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and examination of material on Northland Connect servers and network. During an investigation, Northland Connect may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You will cooperate with law enforcement authorities in the investigation of suspected illegal activities. This cooperation may include Northland Connect providing available personally identifiable information about you to law enforcement agencies, including, but not limited to, username, subscriber name, and other account information.
Even though Northland Connect Internet Services offers protection against spam and viruses, nothing is fool proof. We will not take any responsibility for damage to property or other losses, including loss of time. The failure of Northland Connect to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Northland Connect may be required to forward information to the authorities. The customer should be aware that Northland Connect will comply with any legal or compelling request to provide information, content or other personal details to the respective authorities.
You agree to indemnify, defend and hold harmless Northland Connect all claims and resulting from you engaging in any of the prohibited activities listed in this Policy or resulting from your violation of any other posted Northland Connect policy. Your indemnification will survive any termination of the relationship.

All services are provided by Northland Connect under New Zealand Law.

Any activity you undertake on the Northland Connect Network must comply with New Zealand Law. Failure to adhere to this requirement will result in disconnection and may result in prosecution

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