Terms

Network Access Policy

Introduction

This policy provides information on the access available to casual subscribers to the HeadQuarters or HQWifi wireless network (HQ), and through it to the Internet and the obligations of users when using the networks. The obligations are based on common courtesies; the responsible use of a community resource and the legally enforceable obligations of user access these networks from policies, rules, regulations and guidelines and Commonwealth and New Zealand legislation. Users should note that penalties may apply for any person who commits an offence under legislation or breaches of the Company rules and regulations. Penalties can range from imprisonment and fines to termination of service.

  • The statement is based on the following principles:
  • The HQ network, including the Internet (WWW) and e-mail, should be used for personal and legal business only;
  • Users are to comply with all legislation and HQ rules, regulations and policies relating to access and use of the network;
  • The network is a limited resource and users are to use it in an equitable and fair manner taking account of the rights and needs of others;
  • Users must act in a courteous and responsible manner in all communications over the network;
  • The network should not be used to misrepresent or used in a manner which brings HQ into disrepute;
  • The quality standards applied in traditional communication and publishing should also be applied to on-line communication and publishing;
  • HQ has the right, and obligation, to monitor access to, and use of, the network to ensure compliance with legislation, National rules, regulations and policies;
  • The security of the network and integrity of users must be assured;
  • The integrity, completeness and currency of information and data must be ensured and maintained; and
  • All HQ users have the responsibility to notify the System Administrator of possible breaches of the conditions documented in this statement.

In this statement the "Intranet" refers to the network within HQ and the "Internet" refers to the external network linking HQ with external people, organisations and data. Both networks include computer and telecommunications equipment and infrastructure used for the carriage of data, images, voice and video, including the use of e-mail and access and use of the World Wide Web information resource.

Permissible use

The network service is provided for users of HQ in undertaking their own personal communictions. Use of the Internet is governed by the provisions of the New Zealand Telecommunication Act 2001.

Reporting breaches

Users are expected to report suspected breaches of New Zealand laws and HQ regulations, policies and protocols, and any unacceptable behaviour which occurs on the HQ Network or by a person acting in his/her capacity as a member of the HQ Network. Reports should be directed to the Systems Administrator or General Manager and will be treated in a confidential and responsible manner. Reports will be referred to the appropriate authority for investigation or referred to the appropriate external agency.

Network sharing

The network is a shared resource where the actions of one person can impact on the accessibility and reliability of the service for another. Very large documents such as videos and high-resolution images should not be accessed or otherwise transferred over the network unless absolutely necessary. To do so can not only impact on the speed of the network but also increases the cost of the network for HQ. The use of File Sharing Applications or distribution of Copyrighted material which infringes on National and International Law is not acceptable and will be the legal responisbility of the user.

Passwords and Logins

Users are issued with passwords and logins and these are used as the identification code and access method on password-protected systems.

Account passwords may also be required from time to time to access some restricted services. Responsibility and accountability for network security is a shared responsibility of all network users. It is the responsibility of the network account holder to protect his or her passwords and logins and not divulge them to other persons.

Integrity of information and data

Users must not destroy, erase, alter or add to any information on the network unless they are the author/owner/custodian of the information with the right and responsibility to ensure the currency and completeness of the information. To do so is an offence under the Crimes Act 1961, Ammended October 1st 2003.

Users must not impede or prevent access to, or impair the usefulness or effectiveness, of data stored on the network. To do so is an offence under the Crimes Act 1961, Ammended October 1st 2003.

Harassment and defamation

The HQ network must not be used to harass, abuse or otherwise seek to offend other users. To do so is an offence under the Crimes Act 1961, Ammended October 1st 2003.

Illicit material

The HQ network must not be used to access, store or transfer illegal material, such as child pornography. To do so is an offence under the Crimes Act 1961, Ammended October 1st 2003.

Copyright

Users of the network must respect the rights of copyright owners protected under the Copyright Act 1994 . Users must not copy material on the network or make material available through the network in breach of the Act. As a general guide no more than ten per cent of a copyright item should be copied or stored.

Archiving of electronic records

Users must ensure that records relating to communication from HQ are retained and retrievable. Users have responsibilities under a range of legislation relating to records, information and data:

  • Archives
  • Freedom of Information
  • Administrative appeals processes, especially records relating to decisions

Records may also be required to be produced during the ‘discovery’ process of legal proceedings or in courts of law.

E-Mail

In using e-mail please remember some elementary rules relating to e-mail etiquette and never:

  • Flame (incorrect language) - do not use abusive language
  • Use Capitals (SHOUTING) - Taken as written in anger
  • Mail-bomb - Sending large e-mails or attachments which disrupt the receiver’s system
  • Spam - Sending notices to a range of mailing lists when the notice is irrelevant to most receivers
  • Answering a specific person but sending the reply to a whole mailing list. This is often unintentional but can be embarrassing with very personal replies.

Wireless Hotspot Usage

Usage of the HQWifi wireless hotspot is entirely at the users own risk. HQ does not accept any liability for the security or integrity of the data transmitted over its wireless network.

HQ does not guarantee availability of the Wireless hotspot, nor the speed of internet access at any given time.

HQ only provides support for the Wireless hotspot infrastructure, and cannot guarantee compatibility of users equipment or software applications.

It is the users responsibility to check access to the hotspot login page and use our Trial feature before purchasing an access card.

Any attempt to hack or gain unauthorised access will result in legal action being taken against offenders under the 'Computer Misuse Act'.

HQ does not hold nor keep any card details and do not accept any liability connected with the use of Credit or Debit cards, it is the card holders responsible to keep card details secure. Note that all card transactions are encrypted.

Credit/Debit card users should note that transactions will appear on your statements as DPS not HeadQuarters N.D.C. Ltd.

Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of the Web site

Limitation Of Liability

The Web site is provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Web site including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Web site will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs.

We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Web site.

We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions of Use for: • any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or • any special or indirect losses whatsoever. We shall not be liable for any indirect or consequential loss (including loss of profits, business or goodwill) arising out of any problem notified to us in relation to the supply of goods or services to you.

Nothing in these Terms & Conditions of Use shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.

Monitoring

HQ has the right to monitor traffic and content and does record traffic on the network and specific network services. It records:

  • URL’s of sites visited, the date and time they are visited and the duration of site visits. Network addresses accessing URL’s (including caches) and the URL address are recorded and may be correlated;

HQ respects the rights of users on the network for valid purposes. However, where there is abuse, or suspected abuse, of the network or network services and facilities, HQ reserves the right to inspect individual information and logs contained on our machines and servers, and make whatever correlation is required to investigate such abuse or suspected abuse.

By connecting a private machine to the HQ network a user has acknowledged that they will be bound by the HQ conditions of use of information technology services, including this statement.

Privacy Policy

HeadQuarters N.D.C. a duly registered company of New Zealand trading as HQWifi may collect information about you and your purchase of products offered at this website (“the Products”) in compliance with our obligations under the Privacy Act 1993.

If you choose to purchase any of the Products you will be taken as authorising us to collect, use and disclose information about you in the manner and for the purposes contemplated by this policy.

You may choose not to provide information that we seek from you, but if you do not provide it, the Products you wish to purchase may not be available to you.

Where possible, personal information will be obtained directly from you, but otherwise it may be provided by others, or generated within or by the systems used to provide the Products available on our website.

We may use your personal information for lawful purposes connected with the Products including, by way of example (but without limitation):

Ascertaining the performance of and/or popularity of the Products and our website (e.g. to measure the effectiveness of advertising or number of visitors).
Keeping you informed in relation to the Products and other information and offers available through our website (e.g. by sending you by email or other communications, advertising or marketing material relating to the products and our website).
Enforcing our legal rights.
Enhancing the Products (e.g. to assist us in delivering better, customised and more tailored information to you and others using this website).

Information will be collected and held by us. We may disclose to Third Party’s personal information that we collect and retain about you but only for and in relation to any of the purposes identified in this policy or when otherwise permitted or required by law. “Third party’s” in this context include, but are not limited to:

  • Our related companies;
  • Our contractors;
  • Communications network operators;
  • Research and/or marketing companies or agencies;
  • Credit reference and/or debt collection agencies;
  • Advertisers;
  • Selected business partners.

References

This statement is based on the following legislation, rules, regulations, policies and guidelines. Penalties apply for breaches of the provisions of many of these documents. Legislation relating to sex, race and disability discrimination apply, and other legislation and rules and regulations may also apply:

  • Crimes Act 1961, Ammended October 1st 2003.
  • New Zealand Telecommunication Act 2001.
  • Copyright Act 1994
  • New Zealand Privacy Act 1993
  • New Zealand Inofrmation Act 1982
  • Guide to Copyright - Your Rights and Responsibilities
 
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