ACCEPTABLE USE POLICY. Acceptable Use Policy

Transcription

1 Acceptable Use Plicy

2 Cntents 1. Hw this Acceptable Use Plicy Wrks Yur Obligatins Our Obligatins Indemnity Our Disclaimer Updating this Acceptable Use Plicy Definitins... 6 Issue Date: 18-May-15 Classificatin: PUBLIC Versin: 2.0 Page: 2

3 1. Hw this Acceptable Use Plicy Wrks 1.1. This Acceptable Use Plicy frms part f Our (Outsurcery Hsting Ltd) cntract with Yu (the Cntracted Party) t prvide the Services yu have asked us t prvide under the gvernance f Terms f Service which are available n ur website at Breaches r lack f adherence t any applicable clauses cntained in this plicy will be seen as a material breach f ur mutual cntract and can ultimately lead t terminatin Yu are respnsible fr vilatins f this Acceptable Use Plicy by anyne using the Service whether authrised by yu r nt. 2. Yur Obligatins 2.1. It is yur bligatin that Outsurcery Prducts and Services may nt be used: in any way that breaches any applicable federal, state, lcal r internatinal law r regulatin; in a way that is in any way unlawful, fraudulent r in bad faith r, t yur knwledge, has any unlawful, fraudulent r bad faith purpse r effect including but nt limited t: (a) t btain r attempt t btain unauthrised access t r use f data, services, systems r netwrks, including any attempt t prbe, scan r test the vulnerability f a system r netwrk r t breach security r authenticatin; (b) t mnitr data r traffic n any netwrk r system withut the authrisatin f the wner f the system r netwrk; (c) t interfere with a service t any user, hst r netwrk including, withut limitatin, mail bmbing, flding, deliberate attempts t verlad a system and bradcast attacks; (d) use f an Internet accunt r cmputer withut the wners authrisatin; (e) cllecting infrmatin by deceit, including, but nt limited t Internet scamming (tricking ther peple int releasing their passwrds), passwrd rbbery, phishing, security hle scanning, and prt scanning; (f) use f any false, misleading r deceptive TCP-IP* packet header r any part f the header infrmatin in an r a newsgrup psting; (g) use f the service t distribute sftware that cvertly gathers infrmatin abut a user r cvertly transmits infrmatin abut the user (h) any activity r cnduct that is likely t result in retaliatin against ur netwrk, including blacklisting; (i) t misrepresent yurself as ther cmputer netwrks and users; (j) t publish r transmit material that can be interpreted as: (i) defamatry, bscene, ffensive, r inflammatry; (ii) t infringe any cpyright, r trademark; (iii) be likely t deceive any persn; (iv) t prmte r assist any illegal activity Issue Date: 18-May-15 Classificatin: PUBLIC Versin: 2.0 Page: 3

4 (v) t be threatening, abusive r invade anther's privacy, r cause annyance, incnvenience r needless anxiety (vi) be used t misrepresent yur identity r affiliatin with any persn r rganisatin (vii) t breach any f the IFFOR plicies (viii) register an abusive string in the stld including, withut limitatin, strings that infringe the intellectual prperty rights f a third party, including cmmn law trademark rights; strings that are bvius variants f well-knwn trademarks nt belnging t the registrant; first and last names f an individual ther than the individual r his/her agent r names that suggest the presence f child prngraphy. (k) t publish r therwise distribute Warez* r cpywritten r ther illegal material where the nus is n Yu t prve that Yu wn the rights t publish material, nt fr Outsurcery t prve that Yu d nt; (l) t generate r generate calls, s r data activity causing Nuisance Calls, Artificial Inflatin f Traffic, SPAM r Unslicited Cmmercial (UCE), Distributed denial f service (DDS) r/and therefre adversely affect verall platfrm perfrmance. (m) t participate in any file-sharing/peer-t-peer activities; (n) t use excessive amunts f server resurces. These include bandwidth, prcessr utilizatin and/r disk space; () t run scripts that manipulate the timeuts n servers r scripts that are designed t prvide prxy Services, annymus r therwise. (p) t ffer HTTP dwnlads, ther than where the files are directly related t the subject matter f the site. Any dwnlads ffered by Yu under this clause are subject t cntract space, bandwidth and cntent restrictins and Outsurcery reserves the right t archive any dwnlad cntent we d nt believe t be necessary fr the nrmal peratin f the site, and the definitin f this is entirely at Our discretin. (q) in a way that, in ur reasnable pinin, culd r des detrimentally affect the perfrmance f ur r any third party's system r netwrk r detrimentally affect the quality f the Services fr anther End-User (r) t engage in activities that give rise t Artificial Inflatin f Traffic r assist r allw thers t d s; (s) t send, knwingly receive, uplad, dwnlad, use r re-use material which cnstitutes r encurages child prngraphy, is prngraphic, abusive, likely t cause harassment, ffensive, indecent, defamatry, sexually explicit, bscene, mrally repugnant, excessively vilent,, incites vilence, threatens vilence, cntains hate speech, creates a risk t public health and safety, cmprmises natinal security is menacing r in breach f any cnfidence, privacy, Intellectual Prperty Rights r ther rights; (t) cntrary t any instructins given by us; (u) in a way which wuld cause us t breach the terms f any f ur r their licences; (v) in a way which in ur pinin is likely t be detrimental t ur business and/r ur reputatin; r Issue Date: 18-May-15 Classificatin: PUBLIC Versin: 2.0 Page: 4

5 (w) t spam r therwise t send r prcure the sending f any unslicited advertising r prmtinal material, unless permitted by law, r knwingly t receive respnses t any spam, unslicited advertising r prmtinal material; 2.2. It is yur bligatin terms t ensure yur usage: cmplies with RIPE plicies as updated and amended n the RIPE website at frm time t time; cmplies with all applicable laws and industry guidance (including but nt limited t that f the Advertising Standards Authrity, Direct Marketing Assciatin and Ofcm, in particular that regarding "misselling" r "slamming") relating t yur use f the Services and the marketing and advertising f any services yu ffer, and ensure that yu have in place at all times prcesses t mnitr and enfrce cmpliance by yur staff and agents with such laws and guidance and t receive and take prmpt and effective actin n cmplaints frm us r parties wh are authrised t enfrce such cmpliance; take all reasnable steps (including testing with the latest cmmercially available virus detectin sftware) t ensure that any sftware used with r in cnjunctin with the Services is nt infected by viruses and/r lgic bmbs, wrms, trjan hrses and any ther type f disruptive, destructive r nuisance prgrams; cmplies with the rules and cnventins fr pstings t any scial media, bulletin bard, chat grup r ther frum in which yu participate, such as IRC and USENET grups including their rules fr cntent and cmmercial pstings. These grups usually prhibit the psting f ff-tpic cmmercial messages, r mass pstings t multiple frums Cmplies with any plicies and terms and cnditins impsed by the third party suppliers r peratrs. 3. Our Obligatins 3.1. If we cnsider that yu are using the Services r permitting the Services t be used in breach f this Acceptable Use Plicy r that such use may cause us t incur any legal liability r t cmmit an ffence, r we suspect that yur Access Details are being misused, then we may take such actin as we r they cnsider apprpriate in such circumstances which may include investigating the matter; terminating all r part f the Services with immediate effect; and/r suspending all r part f the Services; taking dwn r therwise remving and destrying any materials; and/r infrming apprpriate gvernmental authrities r ther third parties Yu must c-perate with us in any such investigatin referred t in clause Unless prvided therwise, the Charges will cntinue t be payable during any perid f suspensin. Issue Date: 18-May-15 Classificatin: PUBLIC Versin: 2.0 Page: 5

6 4. Indemnity Yu shall indemnify us, ur agents, sub-cntractrs and their suppliers against any liability, cst, charge and expense we and/r they (as apprpriate) incur as a result f breach f this Acceptable Use Plicy, including but nt limited t in respect f cntent upladed, cntent dwnlads, Calls made and/r received, s sent and received, and materials placed n any web space prvided as part f the Services. 5. Our Disclaimer We are under n duty, and by this Acceptable Use Plicy are nt deemed t undertake a duty t mnitr r plice ur custmers' activities and we disclaim any respnsibility fr any misuse f ur Services. 6. Updating this Acceptable Use Plicy We may update this acceptable Use Plicy frm time t time and yu must, at all times cmply with the mst recent Acceptable Use Plicy available n the Outsurcery Website. Yur cntinued use f a Service will be an acceptance f the Acceptable Use Plicy as updated. 7. Definitins Artificial Inflatin f Traffic r AIT where the flw f Calls t a Revenue Share Service (which shall include services t the 070, 084, 087, 090, 091, 098 and 118 number ranges and any ther number ranges ntified t yu in writing) r ther equivalent revenue share type services, is disprprtinate t the flw f Calls which wuld be expected frm gd faith usage r an acceptable and reasnable cmmercial practice relating t the peratin use f such service r f telecmmunicatin systems; Cmmunicatins Prvider As defined in the Cmmunicatins Act 2003 Call A signal, message r cmmunicatin which can be silent, visual r spken; Distributed Denial f Service (DDS) Denial-f-service (DS) r distributed denial-f-service (DDS) attack is an attempt t temprarily r indefinitely interrupt r suspend services cnnected t the Internet by saturating the target service/platfrm with external cmmunicatins requests. IFFOR Internatinal Fundatin fr Online Respnsibility, the plicy making bdy fr the.xxx stld. Issue Date: 18-May-15 Classificatin: PUBLIC Versin: 2.0 Page: 6

7 Nuisance Call Revenue Share Service RIPE an unwanted Call that causes annyance t the receiver f the Call and/r is a hax Call, and/r is f an ffensive, spiteful, abusive, indecent, defamatry, bscene r menacing nature including unauthrised r spam Calls and silent Calls as defined by Ofcm in its Statement f plicy n the persistent misuse f an electrnic cmmunicatins service published 1 March 2006, and any subsequent update. a service where an element f the revenue fr the Call passed n frm the riginating Cmmunicatins Prvider is shared (directly r indirectly) by the Cmmunicatins Prvider receiving (via a third party in a transit situatin) such revenue with the persn perating the service (which fr the avidance f dubt may be the Cmmunicatins Prvider receiving such revenue) The Réseaux IP Eurpéens Netwrk Crdinatin Centre (RIPE NCC) is ne f five Reginal Internet Registries (RIRs) prviding Internet resurce allcatins, registratin services and crdinatin activities that supprt the peratin f the Internet glbally. SPAM r Unslicited Cmmercial (UCE) Unslicitied nearly identical messages sent t numerus recipients by ften cntaining links t pfishing websites r malware. Als described as Unslicited Bulk (UBE) Issue Date: 18-May-15 Classificatin: PUBLIC Versin: 2.0 Page: 7