It pays to read ISPs' fine print

ISP terms and conditions are under the microscope following uproar over Xtra's newly imposed service agreement.

ISP terms and conditions are under the microscope following uproar over Xtra’s newly imposed service agreement (see Xtra backtracks on changes to terms and conditions and Another clause for concern with Xtra's terms and conditions).

ClearNet, owned by TelstraClear, has a page of terms and conditions as well as an acceptable use policy.

“You will not use or allow anyone else to use the service for any illegal purpose or in a manner which is likely or intended to cause damage to TelstraClear’s network or to affect transmission of any TelstraClear service or to cause damage to any person, whether a TelstraClear customer or not ... In using the service, you must not infringe anyone’s legal rights or breach any laws.”

There is no mention of protecting the company brand or reputation.

Ihug also makes no mention of protecting the company name. “You agree not to use our services: in a way which breaks any law or infringes anyone’s legal rights (such as copyright), to obtain unauthorised access to anyone’s system, in a way which could cause physical or other damage to anyone’s system, in a way which is offensive, abusive or is likely to be a nuisance to someone else.”

ICONZ’s terms and conditions also call for users to obey the law. They should “not use any part of the service for any obscene, offensive, improper, immoral, defamatory, indecent, abusive, menacing or unlawful purpose or for any unsolicited advertising messages or promotions nor knowingly allow others to do so. [They must] use the services for lawful purposes only and comply with all applicable laws relating to your use of the service.”

Only Slingshot, owned by CallPlus, has a similar condition for its users. “You must not use nor allow anyone else to use the service in a manner likely to or intended to, cause damage to or compromises the security of, Slingshot’s reputation or network, or that of any other person, or any other network of linked computers.”

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