Acceptable Use Policy

1. Purpose

This Acceptable Use Policy (AUP) is issued by JND Comms Pty Ltd (ABN 58 686 602 666), trading as heardle. It sets the rules for using heardle internet (nbn®), mobile, phone / PBX, and related services (the Services). It sits with our Standard Form of Agreement, Fair Use Policy, and Terms of Service.

2. Who this applies to

This AUP applies to you as the account holder and to anyone you allow to use the Services (including household members, employees, guests, and contractors). You are responsible for their use, including charges that arise from that use.

3. Responsible use

You must use the Services lawfully and in a way that does not harm other customers, our networks, or our suppliers (including nbn® and wholesale carriers). You must not use, attempt to use, or allow the Services to be used to:

• commit an offence or breach any Commonwealth, State, or Territory law, industry code, or regulator direction
• store, send, or distribute material that is unlawful, or that a reasonable person would regard as menacing, harassing, or seriously offensive
• infringe copyright or other intellectual property rights
• access, scan, or interfere with any system, network, or data without authority
• distribute malware, or compromise the security or integrity of any network (including ours)
• forge headers, spoof identities, or impersonate another person or service
• send spam or bulk unsolicited electronic messages, or host open mail relays or proxy services that allow others to do so
• resell, share commercially, or on-supply the Services without our written consent
• interfere with anyone else’s use or enjoyment of the internet or our Services

4. Spam Act

You must comply with the Spam Act 2003 (Cth). You must not use the Services to send commercial electronic messages without consent, to harvest addresses, or to operate infrastructure that lets others send spam. You should keep devices on your network reasonably secure (current patches, antivirus where appropriate, and a firewall) so they are not used by others to send spam.

We may scan IP addresses we allocate to you for open or misconfigured mail or proxy services where that is reasonably necessary to protect the network. If we find a problem we will usually contact you first, unless the risk is serious or ongoing.

5. Content and classification

You choose what you access and publish using the Services. You are responsible for any content you store, send, or make available (including websites, email, messaging, and files). If you publish content that must be classified or labelled under Australian classification law or an applicable industry code, you must do so.

The Australian Communications and Media Authority (ACMA) can require us to remove or block certain prohibited content. We cooperate with ACMA, law enforcement, and security agencies, including where a lawful request is made to intercept or monitor a service. We may take those steps without prior notice where the law requires or permits it.

If we reasonably believe a service has been used to access or distribute child abuse material, we are required to refer the matter to the Australian Federal Police.

6. Copyright complaints

If you believe material hosted on our network infringes your copyright, write to legal@heardle.com.au with enough detail for us to identify the material and the rights you claim. We may remove or disable access to the material while we consider the complaint.

7. Security

You must keep account credentials, YOUR.heard logins, and Wi-Fi / handset passwords confidential. You should secure your local network and devices. You remain responsible for use of the Services by anyone who has your credentials or whom you allow onto your network, unless that use is caused by our failure to take reasonable care.

8. Fair use and capacity

Unlimited plans still have to be used in an ordinary way for the plan type. See our Fair Use Policy. We may take reasonable steps to protect network integrity or to investigate misuse.

9. What happens if you breach this policy

Depending on how serious the issue is, we may contact you and ask you to fix it, restrict a feature, suspend the Service, or terminate the Service. We will usually give you a chance to fix a problem unless the breach is serious, repeated, unlawful, or is harming the network or other people. Australian Consumer Law rights still apply.

10. Complaints about content

You can complain to us at complaints@heardle.com.au or to ACMA via acma.gov.au. Our Complaints Handling Policy explains how we handle complaints.

11. Changes

We may update this AUP by posting the new version on this page and updating the date above. Material changes will also be notified through YOUR.heard or the email on your account where practicable.

12. Contact

JND Comms Pty Ltd trading as heardle
ABN 58 686 602 666
Email: legal@heardle.com.au
Phone: 1300 1 Heard (1300 143 273)
Address: Factory 8, 3 Fairmile Close, Charmhaven NSW 2263
PO Box: PO Box 4604, Lake Haven NSW 2263