Last Updated: 21 August 2024
1. Scope
This AUP applies to all users of our products and services, including customers and any individuals accessing or utilizing our offerings.
2. Prohibited Activities
Users are strictly prohibited from employing any Edexia product or service under a Service Agreement to:
(a) violate any law or enable others to do so;
(b) engage in harassment, intimidation, stalking, or abusive behavior;
(c) cause damage to property;
(d) inflict harm on any individual;
(e) engage in deceptive practices;
(f) facilitate any unlawful act;
(g) breach or assist in breaching contractual obligations;
(h) compromise confidential information;
(i) mishandle personal, sensitive, or health information as defined by the Privacy Act 1988;
(j) violate the Spam Act 2003, Spam Regulations 2004, or Internet Industry Spam Code of Practice;
(k) manipulate or unauthorized access our billing systems or network;
(l) interfere with others' computers without consent;
(m) expose minors to inappropriate content, including pornography;
(n) distribute malicious software;
(o) engage in identity concealment or spoofing in electronic messages;
(p) disrupt the functioning of websites, forums, or online communities;
(q) misuse remote systems without owner authorization;
(r) operate services without proper safeguards against unauthorized use;
(s) conduct unauthorized system probing or vulnerability scanning;
(t) participate in or contribute to Denial of Service attacks;
(u) transmit, display, or publish content that is:
(i) obscene or offensive;
(ii) defamatory or potentially defamatory;
(iii) in violation of intellectual property rights;
(iv) likely to incite hatred, violence, or discrimination.
3. Supplementary Terms
The prohibitions outlined in this AUP are supplementary to those specified in the Service Agreement.
4. Anti-Spam Provisions
(a) Definition
"Spam" refers to unsolicited commercial electronic messages with an Australian link as defined by the Spam Act 2003. Related terms are interpreted accordingly.
(b) Spam-Related Restrictions
Users are prohibited from utilizing Edexia products or services to:
(i) send, facilitate, or assist in sending Spam;
(ii) use or distribute email address harvesting software;
(iii) contravene the Spam Act 2003 or Spam Regulations 2004.
(c) Suspension Rights
Edexia reserves the right to suspend services, in addition to other suspension rights, if:
(i) the service is used to host any system facilitating unauthorized third-party email transmission;
(ii) users violate clause 4(b), subject to reasonable attempts at prior notification and resolution.
(d) User Obligations
Users must employ best efforts to secure their devices and networks against misuse, including:
(i) installing and maintaining anti-virus software;
(ii) implementing and updating firewall protection;
(iii) applying necessary system and software updates and patches.
Edexia's right to suspend services applies regardless of whether violations occur intentionally, through misconfiguration, or via unauthorized means.
(e) Network Scanning
Edexia may scan allocated IP ranges to detect misconfigured or open mail and proxy servers.
(f) Service Termination
Services suspended under this policy may be terminated if issues remain unresolved after seven days. Pro-rated refunds for pre-paid services may be issued, less reasonable fees for costs incurred due to the suspension-causing conduct.
5. Resource Usage
a) Resource Utilization: Users must refrain from excessive or unreasonable consumption of system resources, including but not limited to storage space, bandwidth, and processing power.
b) Service Scope: The utilization of Edexia's services, particularly the marking functionality, must remain within the parameters defined in the educational institution's purchase agreement. Any usage beyond the scope of the agreed-upon terms is strictly prohibited.
c) Compliance: Users are responsible for ensuring their usage aligns with both the resource limitations and the contractual boundaries established in their agreement with Edexia PTY LTD.
d) Monitoring and Enforcement: Edexia reserves the right to monitor resource usage and service utilization to ensure compliance with these terms. Non-compliance may result in service restrictions or additional charges, as outlined in the user's service agreement.
