Table of ContentsIntroductionThe AUP is designed to provide a clear understanding of the rules, regulations and restrictions regarding the use of Wild Internet & Telecom's ("the Provider") services.
From time to time Wild Internet & Telecom may impose reasonable rules and regulations regarding the use of its services. The AUP is not exhaustive and Wild Internet & Telecom reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP http://www.wildit.net.au/index.php?option=com_content&task=view&id=94&Itemid=41) or notification of the modified AUP.
By registering for and using the services, and thereby accepting the terms and conditions of the Terms of Service Agreement (published at http://www.wildit.net.au/index.php?option=com_content&task=view&id=89&Itemid=38) or its equivalent, you agree to abide by the AUP as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Wild Internet & Telecom deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM WILD INTERNET & TELECOM. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS WILD INTERNET & TELECOM'S POLICY TO TERMINATE REPEAT INFRINGERS. WILD INTERNET & TELECOM RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labour used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $500 AUD per hour. Enquiries regarding security matters may be directed to
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System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Wild Internet & Telecom may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Wild Internet & Telecom. Such labour is categorized as emergency security breach recovery and is currently charged at $500 AUD per hour required. Enquiries regarding security matters may be directed to
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Wild Internet & Telecom is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Wild Internet & Telecom urges its customers to assume that all of their online communications are secure, including but not limited to: Wild Internet & Telecom cannot take responsibility for the security of information transmitted over Wild Internet & Telecom's facilities.
Password Protection The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Wild Internet & Telecom's service to guess passwords or to access other systems or networks without authorization. Wild Internet & Telecom will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Contact Information Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Wild Internet & Telecom servers being shut down. Internet Etiquette The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Wild Internet & Telecom may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libellous and/or tortuous, indecently depicts children or is likely to result in retaliation against Wild Internet & Telecom by offended users. Wild Internet & Telecom reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group. Copyright Infringement - Software Piracy Policy The Wild Internet & Telecom network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian or United States law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined and/or imprisoned. In compliance with the Copyright Act (CWTH), please send notifications of claimed copyright infringements to
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Wild Internet & Telecom will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Network Responsibility Customers have a responsibility to use the Wild Internet & Telecom network responsibly. This includes respecting the other customers of Wild Internet & Telecom. Wild Internet & Telecom reserves the right to suspend and or cancel service with any Customer who uses the Wild Internet & Telecom network in such a way that adversely affects other Wild Internet & Telecom customers. This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers and services that belong to Wild Internet & Telecom or its customers (i.e. computer hacking), and/or participating in behaviour which result in reprisals that adversely effect the Wild Internet & Telecom network or other customers' access to the Wild Internet & Telecom network.
Wild Internet & Telecom will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Wild Internet & Telecom customer, whether or not the attacked account or computer belongs to Wild Internet & Telecom, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Wild Internet & Telecom is strictly prohibited.
Lawful Purpose All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation or AUP is prohibited. This includes, but is not limited to: copyrighted material; and/or material protected by trade secret and other statute; and/or dissemination of harmful or fraudulent content.
Using any Wild Internet & Telecom service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Wild Internet & Telecom services or products is prohibited. Using the Wild Internet & Telecom network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Wild Internet & Telecom network are open to the public. You are solely responsible for your usage of the Wild Internet & Telecom network and servers and any statement you make on servers hosted within the Wild Internet & Telecom network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libellous.
Child Pornography on the Internet Our policy on child pornography is zero tolerance. Wild Internet & Telecom will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Wild Internet & Telecom network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Adult Content on the Internet Wild Internet & Telecom will provide notification and will inform any customers in writing of improper materials on our servers. However, Wild Internet & Telecom reserves the right to disconnect any customers immediately. Commercial Advertisements with E-mail Wild Internet & Telecom takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this This means that customers of Wild Internet & Telecom may not use or permit others to use our network to transact in UCE. Customers of Wild Internet & Telecom may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honoured immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of Wild Internet & Telecom are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Wild Internet & Telecom network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of Wild Internet & Telecom's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Wild Internet & Telecom will initiate an immediate investigation (within 48 hours of notification). During the investigation, Wild Internet & Telecom may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Wild Internet & Telecom may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Wild Internet & Telecom reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Wild Internet & Telecom will notify law enforcement officials if the violation is believed to be a criminal offence.
Violation of Wild Internet & Telecom's SPAM policy may be reported to
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IP Address Overlap Wild Internet & Telecom administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Wild Internet & Telecom staff. Any server found using IPs that were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. IRC Policy Wild Internet & Telecom does not allow the use of IRC Servers on the Wild Internet & Telecom network without written authorisation. This includes, but is not limited to, the use of server software, bots or the like. Violators' servers will be suspended. Customers may, however, use irc.wildit.net.au with their chosen IRC client. Billing The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's service to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. Suspension Wild Internet & Telecom reserves the right to suspend network access to any customer if, in the judgment of the Wild Internet & Telecom network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Wild Internet & Telecom chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer's machines were suspended. Cancellation Wild Internet & Telecom reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation are non-refundable if Wild Internet & Telecom institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). Indemnification Wild Internet & Telecom wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Wild Internet & Telecom for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Wild Internet & Telecom or the bringing of any claim against Wild Internet & Telecom by any third-party. This means that if Wild Internet & Telecom is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Wild Internet & Telecom, plus costs and reasonable attorney's fees. Acceptable Use - ADSL, SHDSL and iBurst Services You must not use the ‘service’ in a manner which interferes with the rights of other users or which breaches Internet netiquette.
Examples of things you must not: monitor data or traffic on any network or system if you do not have the authorisation of the owner of the network or system to do so forge any TCP-IP packet header, any part of the header information or an email source address in an email or newsgroup posting provide false user information to the ‘Provider’ or other users send ANY amount of unsolicited or unwanted email to any destination – also known as SPAM or UCE (Unsolicited Commercial Email). This is now covered under new Australian Laws gain access to a person's private information (or attempt to do so) disobey the rules of any newsgroup, forum, email mailing list or other similar group post the same or similar messages to more than one USENET newsgroups (including by excessive cross-posting or multiple-posting, also known as 'SPAM').
Unauthorised Access You must not use the ‘service’ to obtain unauthorised access to any computer, system or network.
If you do not have authorisation, you must not: access or use any data, systems or networks probe, scan or test the vulnerability of a system or network
breach any security or authentication measures for a system or network attempt to gain access to the account of any other user or system or network.
Unlawfully accessing or damaging data in a computer is not only a breach of the Acceptable Use Policy - it is also a criminal offence punishable by fine, imprisonment or both according to the Commonwealth Crimes Act section 76 and possibly other State and Federal Acts.
You must not use the ‘service’ in a manner which may interfere with the technical operation of the ‘service’ or any other computer, system or network
You must not attempt to interfere with the regular workings of the ‘Providers’ systems or network connections or the ‘Provider’ or its upstreams or any other network. The ‘Provider’ may override any attempt by you to specify a particular traffic routing pattern.
You must not impair the ability of other people to use the ‘Providers’ systems or the Internet or any other connected networks. You must not use the ‘service’ as a staging ground to disable or interfere with other systems; for example DoS/DDoS attacks, Port Scans, etc. You must not use IRC (or other ‘chat’ networks) bots or clone-bots on the ‘service’. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
Legal Material In using the ‘service’, you must not break any laws or infringe the rights of other persons.
For example, you must not: distribute or make available any abusive, obscene, defamatory or pornographic material distribute or make available any material which would be classified R or X (or refused classification) by the Classification Board or Banned under the laws of the Commonwealth of Australia or any state or territory of Australia copy or attempt to copy any material if you do not have the owner's permission to do so.
Detection/Co-operation To detect and deal with breaches of the Acceptable Use Policy, the ‘Provider’ may take the following actions:
The ‘Provider’ will co-operate with other service providers to control unacceptable user behaviour. The ‘Provider’ will co-operate with the Police (state or federal), other law enforcement or Intelligence Agencies of the states or Commonwealth of Australia, by providing the details and related data (i.e. log files) of users who are suspected of breaking any laws of the states or Commonwealth of Australia. The ‘Provider’ will co-operate with any court order requiring information about the activities or the service details.
The ‘Provider’ may implement technical mechanisms to prevent behaviour which breaches this Policy (for example, which block multiple postings before they are forwarded to their intended recipients, access to Peer-to-Peer networks or websites or network addresses deemed to hold illegal content).
The ‘Provider’ may exercise any rights it has under its contract with the customer whose account is being used in breach of this Policy. Such rights include the right to suspend or terminate the customer's use of the ‘service’.
The ‘Provider’ may take any other action it deems appropriate, including taking action against offenders to recover the costs and expenses of identifying them.
Usage of ‘Flat Rate’ services on Budget & Residential Grade DSL services The Flat Rate services of the ‘Provider’ are not to be considered ‘Unlimited’ services.
The ‘Provider’ does not charge excess data for the ‘fair use’ of Flat Rate services.
‘Fair Use’ is defined as the ordinary use of a broadband service. Ordinary use does not include the downloading of illegal or infringing materials.
As a guideline, the ‘fair use’ download levels would be exceeded in a calendar month if downloads were in greater than the following levels:
| 256/64k | 15 Gigabytes | | 512k/128k | 25 Gigabytes | | 1.5M/256k+ | 35 Gigabytes
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Based on our analysis of our current user base, these levels far exceed to typical usage of the size services quoted.
Should a user exceed the above values, it does not mean that the service will be disconnected or suspended. What it does mean thought, is that the ‘Provider’ reserves the right to throttle (slow down) the service after this point to 64/64. At this point in time (23 July 04), no throttling policy exists, but should there be consistent extreme usage beyond the levels defined, we reserve the right to institute such a policy.
Usage of ‘Flat Rate’ services on iBurst services (by Business or Residential Users) The Flat Rate services of the ‘Provider’ are not to be considered ‘Unlimited’ services.
The ‘Provider’ does not charge excess data for the ‘fair use’ of Flat Rate services.
‘Fair Use’ is defined as the ordinary use of a broadband iBurst service. Ordinary use does not include the downloading of illegal or infringing materials.
As a guideline, the ‘fair use’ download levels would be exceeded in a calendar month if downloads were in greater than the following levels: iBurst Mobile
| 10 Gigabytes | iBurst Desktop
| 10 Gigabytes |
Should a user exceed the above values, it does not mean that the service will be disconnected. What it does mean is that the ‘Provider’ reserves the right to throttle (slow down) the service after this point. At this point in time no throttling policy exists, but should there be consistent extreme usage beyond the levels defined, we reserve the right to institute such a policy.
Currently Wild Internet & Telecom do not permit the following activity on the iBurst Network: Peer-to-Peer applications (BitTorrent, Kazza, OverNet, eDonkey, iMesh, IRC File Transfers, and any other application or service which could be described as ‘peer-to-peer’). Gaming. Network gaming has the capability to consume a large amount of bandwidth and at present is not allowed on the iBurst Network. Security Scanning and testing. Although permission may have been sought from end customers, port-scanning and other network detection applications have the capacity to cause significant ‘noise’ on the iBurst network and at present is not allowed on the iBurst network. On the Mobile product, no services/servers are allowed to be hosted. This includes Mail, Web, FTP and other services such as those listed in the Residential restrictions of this document.
Fair Use Policy re Unlimited Data for Office Grade (OG) ADSL ServicesThis Policy is a clarification of existing contractual rights by Wild IT in so far as provision and management of its network. We feel that it is appropriate to describe how we manage our network such that users understand understand what may occur from time to time, whilst the network is under peak load, particularly times of heavy growth. This is designed to allow us to bring on capacity in line with delivery scheduled from our upstream carriers, which is not always immediate (for example extra capacity in existing links generally takes 5 clear business days, whereas installation and delivery of a new link may take < 40 business days). We provide ADSL services as Unlimited (as opposed to services that are shaped to 64/64kbyte or are chargeable for excess data, after having downloaded a specific amount). The services known as BG, PG or OG plans are not (and never have been) guaranteed to be at 1:1 contention; therefore, from time to time, it is necessary to over-subscribe the network, such that users may either not achieve full speed, or they will be specifically shaped to ensure network quality for all users. For users that are on PPPoE (SPT or Optus) tails, we reserve the right to shape as follows:- If network capacity reaches 95%, shape all Unlimited users by 50% that have exceeded 165GB of downloads; If network capacity does not drop to 50%, shape all Unlimited users by 50% that have exceeded 110GB of downloads; Once network capacity returns to 75% for > 1 hour, de-shape users (at a maximum of 15 users per minute, based on least to highest downloaders), with a 1 minute pause between each group of 15 being un-shaped and re-testing network load as each user group is returned to normal speed.
It is NOT possible to apply this Policy to ANY NEXTEP Bridged RFC1483 (PG) or PPPoE (BG) services, and users will receive whatever plan they are currently subscribed to, subject to any notice of changes, eg. either Unlimited (with no excess data or shaping); or, excess data about a set limit. The data amounts shown are for a 1500/256 and will be pro-rata'd for slower speeds. IP Address Allocation An IP Address is a number(s) that identify a connection to the internet. Residential grade services are assigned a static IP address upon successful authentication. This means that an IP address from an allocated pool is assigned to the customer upon login and that IP address will change from time to time as set by the system. Customers with Static IP Addresses are exempt from the above Business Grade services, who always have Static IP Addresses are exempt from the above
Residential Grade services are required to re-connect/re-authenticate to the ‘Providers’ network every 24 hour period (from initial logon). This provides consistency and accuracy for usage and accounting purposes Premium/Business DSL and fibre services are exempt from the above
Permitted Services There are internet ‘servers’ or ‘services’ that are considered inappropriate to be hosted on Budget Grade and iBurst services of the ‘Provider’, namely: Anything that may be defined as a ‘server’; examples are as follows: Web Server (Port 80) Mail Server (Port 25, 110, 143) Game Servers (Various Ports) Any FTP Server (20,21) DNS Servers (53) P2P Server (Various Ports) IRC (or other Chat) servers (Various Ports)
Services specifically exempt are: Non-Business VPN Remote Control (i.e. Remote Administrator, PC Anywhere, Terminal Services, Laplink, VNC, etc.)
On the iBurst mobile service, per Residential Grade restrictions 1 to 7, above On the iBurst fixed service, no P2P or Anonymous services, although SMTP, FTP and alike are allowed
The ‘Provider’ reserves the right to ‘block’ these or any other like services from operating on the ‘Providers’ network by utilising access-lists, firewall, filtering or other bandwidth control technologies to limit the amount of bandwidth available to services that are not permitted.
Open Relay Mail Servers We define an “Open Relay” mail server as an SMTP mail server that allows third-parties to send emails to other third-parties. Third-partied are those people/services that are not authorised to use an end-customers mail server.
One use of an Open Relay server is that they are used to send spam/viruses to many people (perhaps hundreds of thousands). Open Relay servers cause significant stress on the ‘Providers’ network and are not allowed under any circumstances.
Business customers who choose to operate their own mail servers are responsible for the orderly administration of those servers. They must be configured not to be able to be used for ‘open relaying’. If you need assistance, please contact the ‘Provider’.
Any customer, who operates an Open Relay mail server, whether purposefully or accidentally, will be liable for costs incurred by the Provider in dealing with the situation.
Disclaimer of Responsibility Wild Internet & Telecom is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. Wild Internet & Telecom disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of Wild Internet & Telecom must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF AUP BY YOU. Revision Register 2004, 2 February 2005, 4 April 2005, 18 November 2006. 23 August 2006. 22 October
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AUP & FUP 
