Acceptable Fair Use Policy
Our customers should be free to use our services to communicate, express themselves, and share information. This policy outlines the rules governing service usage to ensure fair access for all.
Purpose
Our customers should be free to use our services to communicate, express themselves, and share information. At the same time, we believe it is necessary to have reasonable rules governing service usage to ensure that:
- The safety and rights of other users and LIVA Telecom are protected, and our services are not used in an unreasonable or unacceptable way, helping maintain service quality for our customers and the users of our wholesale partners.
This Fair Use Policy outlines those rules and explains the actions we may take if the policy is breached.
Definitions
LIVA Telecom – refers to LIVA Telecom, Business name of CKS Group Australia Pty Ltd (ABN: 32 621 849 518).
Customers – all customers of LIVA Telecom, including residential, small business, corporate, and enterprise customers.
Services – all services supplied by us including internet, VoIP and mobile data services.
Spam – unsolicited electronic messages with an "Australian Link", as defined under the Spam Act 2003.
You – the account holder and any person authorised by the account holder to access services using their account.
Respecting Others
Everyone should be able to use the internet safely and responsibly. You must not use our services to:
- promote, threaten, or incite violence against any person
- abuse or harass anyone, including making offensive, misleading, or threatening statements (including towards our staff)
- encourage hatred, including racist, sexist, or discriminatory conduct or comments
- create a risk to the health or safety of any individual
- send unsolicited or unwanted commercial electronic messages (Spam) to individuals or businesses using our services.
Respecting the Law
You must not use our services for any illegal or unlawful purposes. This includes, but is not limited to:
- providing false or misleading account information
- hacking, or gaining unauthorised access to another person's data or systems
- sending, assisting with sending, or otherwise facilitating Spam, or breaching the Spam Act 2003 (Cth)
- transmitting or storing data that breaches Australian laws, including unlawful pornography or malicious software such as viruses
- breaching any applicable laws, including copyright and intellectual property laws.
Respecting LIVA Telecom and Our Suppliers
You must not use our services in a way that negatively affects LIVA Telecom's network, reputation, suppliers, or customers. This includes, but is not limited to:
- using services in a manner that is considered unreasonable, unacceptable, or beyond ordinary usage
- reselling or supplying our services or products to others without our approval
- using services for purposes other than their intended use, such as using a residential service for commercial or business activities
- using services in a way that causes, or is likely to cause, interference, congestion, disruption, or reduced network performance
- using services in a manner that breaches our wholesale agreements with the NBN or other third-party suppliers.
Respecting Your Broadband Data Limits (If Applicable)
If you are on a data-limited plan and exceed your allocated data allowance, your service may be speed-limited ("shaped") to either:
- 256Kbps / 256Kbps for pre-2018 plans; or
- 1Mbps / 1Mbps for post-2018 plans,
with no additional data charges applied.
You may choose to remain at full speed by purchasing additional data blocks (pre-2018 plans) or upgrading to a higher plan (post-2018 plans).
If you regularly exceed your data limit, we recommend considering a higher data plan to better suit your usage needs and provide an improved experience.
Technology-Specific Requirements
In addition to the above conditions, the following requirements apply to specific services.
NBN Fixed Line and Fixed Wireless Services
Examples of usage that may be considered unfair include:
- using NBN infrastructure or NBN Ethernet in a way that causes, or may cause, interference, congestion, disruption, or reduced network performance, including usage deemed unreasonable or exceeding ordinary use for the account type (for example, using a residential service for business purposes)
- carrying out, or attempting to carry out, any of the following activities without authorisation:
- disabling, disrupting, or interfering with the normal operation of any service or network, including through overloading, denial-of-service attacks, or network flooding
- probing, scanning, or testing the vulnerability of a system or network
- breaching security or authentication measures of a service or network
- supplying more than one premises using a single connection.
Mobile Services
Examples of usage that may be considered unfair include:
- usage that exceeds reasonable or ordinary use for the relevant account type, such as using a residential service for business purposes
- using a 4G Failover service as a primary data service for longer than the period during which a fixed-line service is unavailable
- aggregating traffic from multiple users through our network (for example, operating a public or shared Wi-Fi access point)
- using services that switch or reroute calls to or from the network
- configuring switching equipment to bypass call time limits on free or flat-rate calls, restricting network availability for other customers.
What Happens if You Breach This Policy?
If we believe this Fair Use Policy has been breached, we may take action including:
- investigating the suspected breach (with or without contacting you)
- requesting changes to how you use our services
- issuing a formal warning
- restricting access to services, with or without notice
- suspending or terminating your services, with or without notice.
If we believe a law has been broken, we may report the matter to law enforcement authorities and provide them with relevant personal information in accordance with our Privacy Policy.
Questions or complaints?
LIVA Telecom (a business name of CKS Group Australia Pty Ltd) | ABN: 32 621 849 518 | Level 49, 8 Parramatta Square, Parramatta NSW 2150