Acceptable Use Policy

    Xf Net is committed to providing it's customers with the highest quality Broadband Internet services possible. This Acceptable Use Policy outlines acceptable use of the Xf Net Ultra high speed Internet services (collectively known as the "Xf Net Service"). The Policy also outlines permissible and prohibited activities for using the Xf Net Service to access the Internet. All Xf Net customers and all others who have access to our network (collectively known as the user or you) are responsible for complying with this Policy, and all other Xf Net policies, including but not limited to the Xf Net Terms and Conditions & Xf Net Security Policies. By using the Xf Net Service, you confirm your acceptance of this Policy and all other policies. If you engage in any prohibited activities outlined in this Policy while using our services, we reserve the right to immediately terminate the Xf Net Service and the user account without warning. Failure to comply with these or any other Xf Net policies may result in the suspension or termination of the our services to you. Xf Net reserves the right to revise this Policy from time to time without notice by posting a new or amended version of this document on the Xf Net Web site at http://www.xfnet.co.nz/ The new or amended Policy is effective immediately upon posting and it is your responsibility to adhere to any amendments.

    Your use of Xf Net services is deemed to be in agreement with this policy and our general Terms and Conditions Policy, Privacy Policy, Telephone Services Policy and Complaints Policy.

    1. Prohibited Uses

    Prohibited uses include (but are not limited to), using the Xf Net Service to upload, download, post, publish, transmit, re-transmit, reproduce, distribute, store, undertake to, or partake in:

    • Any unlawful activity of any sort or for any purpose that violates any Local, National, Federal, State, Foreign or International Law.
    • Using Xf Net services for the promotion of deceptive and or illegal marketing practices, products or services by any means including, but not limited to, online trading sites, bartering sites or any other online site visited.
    • Accessing any other person's computer or computer system, software, or data without their knowledge and consent including breaching the security of another user.
    • Obtaining any software or other material through the Xf Net Service that is protected by copyright or other proprietary right, without the approval of the legal owner.
    • Restricting, inhibiting, or otherwise interfering with the ability of any other person to use or enjoy the Xf Net Service, including, but not limited to, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information.
    • Transmition of unsolicited bulk or commercial messages (SPAM) by any means, including, but not limited to: email, Instant Messenger Services and news group postings. (see point 6 - Spam)
    • The creation, transmition or forwarding of “chain letters” or other schemes and scams of any type.
    • Sending, transmitting, posting, storing, or dissemination of any information or material which could be deemed to be objectionable, threatening, obscene, offensive, indecent, pornographic, harassing, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, offensive towards any religious group, or otherwise inappropriate.
    • The distribution or use of tools designed for, or that may be used for compromising the security of the Xf Net Service.
    • The Impersonation of any person, computer address, sender address falsification, forgery of anyone else's signature (digital or manual), mail header information or any other similar activity.
    • Tampering with, altering or modifying any equipment that has been provided as part of the Xf Net Service to you or any other user.
    • Violation of the rules, regulations, or policies that are or maybe applicable to any network, server, computer database, or Web site that you or any other user accesses.
    • Interference with the computer networking or telecommunications service to any user.

    2. Excessive Use

    Xf Net shares access with other providers to the greater Internet. It is the user's responsibility to ensure that their actions while using Xf Net services do not impact on the experiences of other Xf Net users. As such, Xf Net will take action on specific users that are deemed by us to be utilising Xf Net resources so excessively; they may be impacting other users. This includes but is not limited to the amount of data that may be downloaded in a month or part of a month that is in excess of your Xf Net Plan.

    Xf Net actions may include:

    • 1. Warning the customer that continued excessive downloading may result in further action
    • 2. Shaping, filtering, excluding or prohibiting the further downloading of further data - either entirely or on certain types of traffic
    • 3. Continued excessive downloading may result in the cancellation or suspension of the account without warning
    • 4. Xf Net may, at its discretion, reset your connection to ensure that the service cannot be used in this manner.

      • 3. Simultaneous Connections

      You must not have more than one connection to our service using your user ID at any time. If you do have simultaneous connections we reserve the right to charge you for each additional connection.

      4. Static IP Addresses

      Static IP addresses may be provided to customers on request at Xf Net's discretion. Please contact us to discuss conditions and terms as charges may apply.

      5. Content Ownership and Protection

      The customer is solely responsible for the ownership and protection of all content or information residing on, obtained through or transmitted via the Xf Net service. It is the customer’s responsibility to provide appropriate protection for the prevention of minors (persons under 18 years of age) from accessing any unsuitable or restricted material published via any service.

      6. Spam

      It is the users' responsibility to ensure that they do not participate in any spamming activity either knowingly or unknowingly to originate, transfer or relay messages deemed to be Spam from their computer. If we identify a user that is spamming Xf Net will:

      • 1. Immediately block the user from being able to continue to Spam.
      • 2. Send an e-mail to the user outlining the reason for the block and explaining that they must provide proof that they have cleaned their computer before having their address unblocked.
      • 3. Continue to block the user until they have provided proof that they cleaned their computer from any ability to participate in Spamming.

      Continued participation in Spamming activities will result in Xf Net permanently blocking the user from the network.

      7. Security

      As a registered user of Xf Net services, you, the customer is responsible for any misuse of the Xf Net Service, even if the misuse was committed by someone else with authorised or unauthorised access to your Service account. It is your responsibility to ensure you take appropriate measures to ensure that others do not use your account to gain unauthorized access to the Xf Net Service by strictly maintaining the confidentiality of your Service Username Login and Password. Xf Net will not be responsible for any actions and consequences resulting from username and passwords being compromised. These will remain the sole responsibility of the customer.

      8. Electronic Mail

      The Xf Net Service may not be used to send unsolicited bulk messages. Failure to abide by the condition may result in the suspension or termination of your account with us.

      9. Personal Web Page (Homepage)

      As part of the Xf Net Service, we may provide you with access to a personal Web page. Please contact us if you wish to enquire about this service

      10. General

      Xf Net reserves the right to investigate any suspected violations of this Policy. If necessary we may gather information from the user or users involved and examination of material on Xf Net servers and network. During an investigation, Xf Net may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. Xf Net and the customer will cooperate with law enforcement authorities in any investigation of suspected illegal activities or if requested for any other legal issue or activity. This cooperation may include Xf Net providing available personally identifiable information about you to law enforcement agencies, including, but not limited to, username, subscriber name, and other account information if requested.

      Xf Net offers protection against spam and viruses, but you understand and agree that we cannot guarantee 100% protection against attacks via our service. As such, we will not take any responsibility for damage to property or other losses, including loss of time or income. The failure of Xf Net to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is deemed to be invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

      You agree to indemnify, defend and hold harmless Xf Net all claims and resulting from you engaging in any of the prohibited activities listed in this Policy or resulting from your violation of any other posted Xf Net policy. Your indemnification will survive any termination of the relationship.

      11. New Zealand Law

      All services are provided by Xf Net under New Zealand Law.