Acceptable Use Policy
PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY.
This Acceptable Use Policy (“AUP”) applies to you if you have obtained Services from Hustly, as defined in our Terms of Service. You must comply with this Acceptable Use Policy which places certain restrictions on how you use Hustly, the Service, the content and material you upload to Hustly, and the content you publish or transmit through the Service.
Hustly reserves the right to make any determinations in relation to compliance with this Acceptable Use Policy at its sole discretion.
If changes or amendments are made to this AUP, we will notify you of such changes by revising the date at the top of this AUP. If you continue to use the services after publication of any change, it will constitute your acceptance of the amended AUP.
You are responsible for ensure that you and any other user of your Account, as defined in our Terms of Service, should be aware of this AUP and comply with this AUP at all times.
1. Unacceptable Uses
Prohibited, restricted, illegal or abusive content.
1.1 You must not use, or attempt to use, or allow or faciliate the use of our Services for any acts which directly or indirectly result in a breach of a law (including the Broadcasting Services Act, Australia or any other equivalent local act or regulation), order, or regulation (including a foreign law, order or regulation applicable to you). These include:
- Actual or possible damage to property or injury to any person, including menace, harassment or stalking of an individual, including causing potential harm to children;
- Publishing, downloading, promoting, distributing or transferring any prohibited content or potentially prohibited content, including content which is or would be classified RC, X18+ or R18+ by the Classification Board, Australia;
- Publishing, downloading, promoting, distributing or transferring any restricted content, that is or is likely to be considered unsuitable or restricted for minors without the usage of appropriate and relevant warnings and/or labeling systems;
- Publishing, downloading, promoting, distributing or transferring content which incites discrimination, hate or violence towards an individual or a race, religion, gender or nationality; or which is obscene or defamatory, or which is invasive of personal privacy or publicity rights, libelous, or threatening; or which would be considered by a reasonable person to be, offensive or abusive;
- Engaging directly or indirectly in the promotion or sale of illegal or fradulent activities including pyramid selling schemes or other unlawful, fraudulent or restricted businesses (including gambling or gaming activities);
- Infringing on the rights of a third party including intellectual property rights, copyright and other moral rights.
- Engaging directly or indirectly in the disclosure of insider information under securities law or of another party’s trade secrets.
- Publishing, downloading, promoting, distributing or transferring content that you do not have a right to make available under any law or due any contractual or fiduciary duties;
- Publishing, downloading, promoting, distributing or transferring content that includes information that you know is not factual and/or maybe classified as misinformation by a relevant government body.
Violating the security of our Services
1.2 You should not use our Services in such a way that puts the security and integrity of our systems and Services at risk, or violates the security or integrity of our or any third party’s network, computer or communications system, software or other computing device. These include:
- Probing, scanning, or testing the vulnerability of our systems or to breach any security or authentication measures used by our systems, without our explicit permission;
- Creating, receiving or transmitting any type or quantity of data, or harmful software, or any other technology, which adversely affect our operations or jeopardise the use of our systems and services, or its performance for other customers of Hustly;
- Using our Services in a way that wastes system resources and/or impedes the quality and experience of our Services for our other customers and users;
- Intentionally, knowingly or recklessly introducing a malicious software program, computer virus or other malicious code into our Service;
- Using our services for directly or indirectly collecting, transmitting, or using information, including email addresses, screen names or other identifiers, by deceit or covert means (for phishing, stealing passwords and credentials, crawling, hacking or other malicious activities);
- Mining any cryptocurrency, including but not limited to Ethereum or any similar currency;
- Engaging in activities which may, or potentially may lead third parties; such as internet service providers, email service providers and any other relevant entities; to blacklist, ban, and/or block Hustly’s IP addresses, servers and systems;
- Engaging in any activities that directly or indirectly use our Services and systems to engage in spamming, sending unsolicited marketing content or any other activity that is in violation of the Spam Act, Australia, or any other relevant act or regulation applicable to you and your use of the Service.
2. Our monitoring and enforcement
2.1 We may receive complaints from third parties regarding unacceptable uses, allegedly being conducted by our customers or their users. In such cases, we will make reasonable endeavours to resolve such complaints by working with the relevant customers. The complaint process set out here does not apply to complaints that are the subject of court order and/or proceedings, investigations by government authorities, or where we reasonably believe that we must take urgent action without notifying the customer.
2.2 If we are unable to resolve the complaint by working with customers as put forth in 2.1, we will make reasonable endeavours to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise and direct us to provide to third party complainants your email contact, and other relevant details, for the purposes of resolving such disputes.
2.3 We reserve the right but have no obligation to investigate any suspected violation of this AUP or misuse of the Services, about which we have actual knowledge. In connection with such investigations, we may report any activity that we suspect violates any law or regulation, to relevant law enforcement authorities, or other appropriate third parties to help with the investigation, prosecution or resolution of any such conduct.
2.4 If we, in our sole discretion, or otherwise (including by being notified by third parties such as government authorities), decide that you are in violation of these AUP, we may:
- warn you by email (You agree that we are not obliged to do so);
- suspend your access to the Service or terminate any/all of your accounts with Hustly without notice; and/or
- notify and provide relevant information to the legal authorities, or other relevant third parties, as appears appropriate in the circumstances.