Fair use policy

1. Definitions

Company means ResetData Pty Ltd (ACN 651 985 483).

Customer has the meaning given to it in the Terms.

IP means internet protocol.

MAC means media access control address.

Personnel means, but is not limited to, the Customer’s directors, officers, employees, agents, contractors and other representatives.

Policy means this document.

Service or Services has the meaning given to it in the Terms.

Terms means either the terms and conditions of the Terms of Service relevant to the Services or the Services Agreement entered into between the Customer and the Company, as applicable.

You means the Customer.

2. Introductory Statement

This Policy applies as part of Your Terms with the Company. This Policy applies to all Services that the Company currently offers, and as added or replaced from time to time.

3. Your Obligations

(a) You must comply with this Policy in addition to any and all other terms and conditions and policies that form part of Your Terms.

(b) You must ensure that all Personnel that use the Services while You are the Customer also comply with this Policy in addition to any and all other terms and conditions and policies that form part of Your Terms. For the purposes of this Policy, a reference to Your obligations is inclusive of those obligations in respect of Your Personnel.

(c) Where applicable, You must make all reasonable efforts to protect Your data while using the Services against unauthorised access, manipulation, corruption, theft, unauthorised dissemination, and abide by electronic best practices for digital safety.

4. Acknowledgement

You acknowledge that You must not use the Service in a manner which is unreasonable (clause 5) or unacceptable (clause 6) or otherwise in breach of this Policy.

5. Unreasonable Use

If the Company reasonably believes that any of the following apply to Your use of the Services or in connection with Your use of the Services, then such use will be deemed unreasonable use:

(a) A breach of the Terms;

(b) Abnormal or excessive data transfer, processing, or retrieval that may cause a Service to lag or crash;

(c) The creation, modification, storage, development, processing, or operation of any software or information that unreasonably stresses the Service;

(d) The use of the Service as a buffer, or any manner or nature of IP/MAC misdirection, signal bouncing, or in any manner that makes it difficult to ascertain the user of the Service;

(e) The continuous high-demand use of the Service such that the Service has the potential to overheat, suffer failures, or result in unscheduled maintenance;

(f) Allow access to more than the intended amount of persons to the Services;

(g) Any use of the Service that disrupts any other of the Company's customers' use of a Service;

(h) Any other activity that, on a reasonable standard, is not part of your ordinary business activities; or

(i) Any other activity that is not in accordance with ordinary and standard practice.

6. Unacceptable Use

If the Company reasonably believes that any of the following apply to Your use of the Services or in connection with Your use of the Services, then such use will be deemed unacceptable use:

(a) A breach of the Terms;

(b) Use of the Services in a manner or effect that breaches or facilitates a breach of any applicable laws, regulations, or legal instruments;

(d) Use of the Service with an intent or the effect of disruption, impairment, damage, or destruction;

(e) The use of the Service to download, upload, store, process or otherwise handle, in any manner, any unlawful material or material that if released into the public domain would be unlawful;

(f) The creation, modification, storage, development, processing, or operation of any software or information in connection with the Services that is, or may be considered unlawful, whether such material continues to be held in private or enters the public domain;

(g) The use of the Service in such manner that the Customer is in breach of any bona fide rights of a third party;

(h) Use of the Service in a manner that the Customer would not have reasonably done the same with any other similar service due to suspicion of potential unlawfulness;

(i) Refusing to comply with court orders, or court-endorsed law enforcement requests for access to Your data held in the Service, unless the Customer reasonably disputes with the relevant court whether such data should be provided;

(j) Any Sub-letting, licensing, or any other dealing that results in a third party accessing the Services of the Customer, whether or not it is in exchange for consideration;

(k) The connection, virtual or otherwise, of any service, equipment, or device to the Service without the Company's prior written approval; or

(l) Use the Services in any manner which:

i. Causes the Customer to breach any law (including a foreign law), a code or an instrument which governs the Customer’s use of the Service;

ii. Causes the Company to breach, be involved in a breach of law (including a foreign law), a code or an instrument which governs the Company's conduct;

iii. Causes the Company to become allegedly liable to any person;

iv. Causes damage, adversely affects, or prejudices the Company's reputation, brand, or the reputation of the Services; or

v. Attempts to manipulate, bypass, or disrupt any internal Service controls input by the Company as limitations on the Customer or the Service by any means.

The Services are not intended to operate as a safe haven for contraband or any material of any nature that, notwithstanding the relevance of its use, would otherwise be illegal or unethical.

7. Excessive Use

You must not use the Services in a way that is excessive. Unless the Terms provides otherwise, the Company considers ‘excessive’ usage for the following Services to be:

(a) Virtual machine service: 1,000 or more VMs

(b) Cloud GPU service: 100 or more vGPU’s

8. Breach of this Policy

Any breach of this Policy will be subject to the termination provisions in the applicable Terms.