Introduction

This Fair Use Policy forms part of the Melbourne West IT Solutions (“MWITS”, “we”, “us”, “our”) Standard Form of Agreement and applies to all internet, mobile, voice, and related telecommunications services (“Services”).

The purpose of this policy is to ensure that all customers receive reliable, high‑quality service and that our network and upstream carrier resources are used responsibly and lawfully.

All customers (“you”, “your”) must comply with this Fair Use Policy. Definitions used in this policy have the same meaning as in your agreement with us.

1. Unreasonable Use

You must not use, attempt to use, or allow others to use the Services in any way that is unreasonable, unlawful, or detrimental to our network, our suppliers, or other customers. Unreasonable use includes, but is not limited to:

1.1 Illegal or Harmful Activity

• Using the Services for any illegal, fraudulent, or criminal purpose

• Endangering any person or damaging property

• Transmitting, distributing, or facilitating malware, viruses, worms, trojans, or malicious code

• Publishing or transmitting abusive, harassing, defamatory, offensive, or unlawful material

• Violating any Australian law or causing MWITS to violate a law

1.2 Spam & Messaging Abuse

• Sending unsolicited bulk electronic messages

• Operating automated messaging systems, SMS gateways, or mass outbound traffic

• Breaching the Spam Act 2003

1.3 Intellectual Property Violations

• Copying, distributing, storing, or transmitting material that infringes copyright, trademarks, patents, or other IP rights

1.4 Unauthorised Access & Security Breaches

• Attempting to hack, bypass, or gain unauthorised access to any network, system, account, or device

• Conducting unauthorised monitoring, packet capture, or interception

• Interfering with or disrupting the operation of the Services or any network used to supply them

1.5 Content Restrictions

• Accessing or distributing content in breach of classification rules

• Providing unrestricted access to inappropriate content

2. Practices Not Considered Fair Use

The following non‑exhaustive examples are considered unfair, excessive, or inappropriate use:

• Using residential or standard business plans for call centres, telemarketing, or bulk outbound operations

• Reselling or sharing service inclusions with third parties

• Using SIMs in non‑approved devices (e.g., modems, routers, M2M equipment unless permitted)

• Unusual or automated calling/data patterns inconsistent with normal human usage

• Continuous, unattended, or machine‑generated traffic

3. Your Obligations

3.1 Compliance

You must ensure that you and all users of your Services comply with this Fair Use Policy.

3.2 Security & Access

You are responsible for:

• Securing your equipment, passwords, and accounts

• Preventing unauthorised access

• Notifying us if you suspect misuse

3.3 Equipment & Data

You must:

• Keep your equipment, software, and operating systems updated

• Back up your data

• Understand that MWITS is not liable for data loss, corruption, or misuse

3.4 Regulatory Compliance

You must comply with:

• Our reasonable directions

• Directions from regulators, law enforcement, or our suppliers

• All applicable laws

3.5 Content Responsibility

You are responsible for all content you access, publish, or transmit using the Services.

3.6 Minors

You must take reasonable steps to prevent minors from accessing inappropriate content.

4. Our Rights

MWITS may, without liability:

4.1 Content Handling

Reproduce, transmit, or store content as required to supply the Services.

4.2 No Monitoring Obligation

We do not supervise or control:

• Content sent or received

• Whether content is delivered correctly

• Whether content is intercepted or corrupted

4.3 Enforcement Actions

We may suspend, restrict, or cancel your Services without notice if we reasonably believe you have breached this policy.

4.4 Content Blocking

We may block, remove, or refuse to transmit content that is offensive, unlawful, or inappropriate.

4.5 Traffic Management

We may implement traffic management measures, including:

• Speed shaping

• Bandwidth allocation

• Call barring

• Blocking harmful traffic

4.6 Excessive Use

We may review and terminate “all‑inclusive” or “unlimited” plans where usage is excessive or inconsistent with normal use.

4.7 Policy Changes

We may update this policy at any time. Continued use of the Services constitutes acceptance.