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Terms, Contracts & Agreements : Internet Terms

INTERNET ACCEPTABLE USE POLICY

DEFINITIONS

The Provider :
Raines Business Centre

The Client :
The Client, computer and or person authorised by the Provider to use the system. The Client is responsible for any unauthorised users, using authorised connections.

All data transmitted over The Provider’s Leased Line can be traced back to the IP address of our firewall, when using our shared service and when no public IP addresses have been issued to you. The Provider’s IP address is identifiable by the registration authorities and can result in The Provider being held accountable for wrongful use. This empowers The Provider’s ISP to cease operation of the Lease Line in extreme circumstances. It is therefore important that all users adhere to this policy.

This policy is intended for the information and guidance for the Client. The purpose of this policy is to outline those actions which are either strictly prohibited or are considered unacceptable by The Provider, in particular or by the Internet Community in general, whether they be committed wilfully, inadvertently or innocently, and to define the sanctions which may be imposed by The Provider upon Clients in violation of this policy.

CONDITIONS OF USE
It must be noted that operation outside the restrictions of the Acceptable Use Policy can result in immediate disconnection of the service. Should this occur, the Client may be required to desist from the contravention before service is resumed, or in the judgement of The Provider permanent exclusion from the service.

The Provider has a duty to ensure that other users of the service are not inconvenienced by the actions of one user. Equally The Provider must ensure mutual security and privacy. Internet Service Providers and other internet organisations require The Provider to operate within certain constraints; failure to meet these can result in the entire site being designated a security risk, or the ISP may withdraw services.

GENERAL PROVISIONS:
  • Users will at all times respect the privacy of other organisations, both on site and on the Internet. This includes data accidentally or passively obtained.
  • Users will comply with good security practice at all times, and advise The Provider of any known breech of security or privacy. User security is ultimately the responsibility of the user alone.
  • Users will not consume excessive bandwidth to the detriment of others.
  • Users have a duty to restrict their use of the system to acceptable activities as defined by The Provider. Any usage, which generates real or potential external threats, is unacceptable.
  • Users will cooperate with the resolution of service issues.

    THERE ARE SPECIFIC FORBIDDEN PROVISIONS SOME WHICH ARE COVERED IN MORE DETAIL BELOW:
  • No user may attempt to probe other user networks electronically, nor obtain in person security data of another company. This includes external networks.
  • The sending of large scale unsolicited email is not allowed, whether deliberately or accidentally.
  • Certain services are not permitted unless agreed in advance: public news, broadcasting and streaming, voice or live video over IP or other pre-emptive services, chat and IRC (except through offsite services).
  • All email relays must be closed and accept mail only from specific servers.
  • No user may advertise a locally based Web or FTP server without permission.

    The Provider places no obligation upon itself to monitor any traffic, website or other information transmitted on or stored within its network. However, The Provider will fully investigate all complaints received concerning use of the network in contravention of this Policy, and will co-operate fully with law enforcement agencies where criminal violation is suspected.

    The Client shall be responsible for ensuring that all users of the service shall be aware of this Policy. The Client shall further be responsible for ensuring that these regulations are complied with at all times, and shall indemnify The Provider against liability, whether civil or criminal, for any violation by such users as the Client shall by way of trade or otherwise permit to use the Service supplied to the Client.

    NETWORK SECURITY
    The integrity and security of the The Provider network is necessarily of prime importance, and any action that adversely affects, or threatens to adversely affect, the operation of the network is strictly prohibited under this Policy. Insofar as the The Provider network is linked with other Networks that form the Internet as a whole, this shall include any such action against any other network.

    Users must not under any circumstances whatsoever commit, or attempt to commit, nor aid nor abet any action that may threaten the network, either deliberately, negligently or innocently; this shall include but is not limited to: -

  • Any attempt to crash a host or network,
  • “denial of service” attacks, “mail bombing” attacks or “flooding” attacks against a host or network,
  • any attempt to circumvent the user authentication or security of a host or network
  • any profligate use of the network, including the sending of IP multicast other than by means provided by and co-ordinated by The Provider , the sending of excessively large attachments other than by file transfer protocol,
  • the creation, transmission, storage, or publication of any kind of virus or corrupting program or corrupted data,
  • any other action that may adversely affect the network or its operation.

    The Provider shall have the right to suspend or terminate Service, and to take such defensive action as may at The Provider‘s sole discretion be deemed necessary in the event of any attack upon the network. Furthermore, The Provider will instigate Civil and/or Criminal Proceedings as appropriate against the perpetrators of such prohibited action.

    ILLEGAL ACTIVITIES
    For the purposes of this Policy “Illegal Activities” shall be construed so as to include any act or omission by the Client that would constitute a criminal offence or any act or omission that could rise to legal action whether under the laws of contract, tort or otherwise.

    Violation of any of the provisions may constitute a civil or criminal offence and is strictly prohibited under this policy.

    Users shall not commit, attempt to commit, nor aid nor abet the transmission, storage, publication or use of any of the following: -

  • Material that is illegal to possess including but not limited to:-
  • child pornography,
  • web pages whose purpose is to provide links to child pornography,
  • material subject to the Official Secrets Acts.
  • Users who receive unsolicited material in the above category should report this immediately to The Provider, and then remove it from their machine. Not to do so may itself constitute a criminal offence.
  • Material that is legal to posses but illegal or unacceptable to publish or transmit, including but not limited to :-
  • articles of an obscene or offensive nature
  • articles likely to encourage conduct of a criminal or otherwise illegal nature,
  • articles of a libellous or slanderous nature,
  • articles of a racist nature,
  • articles that are hateful or abusive in any manner,
  • articles that are unlawful in any manner,
  • copies of software obtained by unauthorised means.

    In the event that a complaint is received in respect of such violation, The Provider may immediately suspend or terminate access to the relevant website, and report the matter to the relevant UK Police authority and the Internet Watch Foundation. Copies of the offending material and any upload logs held will be made for evidential purposes and passed to the authorities; all further copies will then be destroyed by whatever means are available. The Provider will co-operate to the fullest extent in any resultant investigation.

    PERSONAL PRIVACY
    In recognition of the fact that users of the Internet should be entitled to such use without interference from third parties, The Provider will not permit any action which would violate this right, whether directed against an individual user, a group of users indiscriminately. Users will not commit, attempt to commit, nor aid nor abet any of the following, nor transmit, store, publish or use software or tools for the purpose of any of the following:-
  • “spamming” i.e. sending of, or collecting responses from, bulk e-mail,
  • “scanning” i.e. probing for security weaknesses in another user’s systems,
  • “denial of service” or “mail bombing” attacks, i.e. a deliberate attempt to overload a network or machine,
  • “hacking” i.e. unauthorised access to or use of another user’s network or machine,
  • unauthorised monitoring of other users,
  • cancellation, interception, alteration, redirection or unauthorised publication of other user’s messages
  • soliciting e-mail for another user’s address
  • generating credit card details whether with intent to defraud, or for any other unlawful use,
  • the propagation or forwarding of petitions for signature, chain letters or pyramid schemes,
  • the unauthorised use, alteration or destruction of other user’s data or passwords,
  • the creation or transmission of any kind of virus or corrupting program or corrupted data whether wilful, inadvertent or innocent; a user who receives such a virus should report this immediately by telephone to their Service Provider
  • any other action that would compromise or interfere with the normal functioning of another user,
  • any other action that would violate the privacy of another user.

    In the event that a complaint is received in respect of any of the above violations, The Provider shall have the right to: -

  • order that the offending software or tools be destroyed
  • require a written undertaking that the User shall not re-offend
  • restrict or suspend access to the Service provided until such a time as these requirements are complied with.

    If a satisfactory response is not received within twenty-four (24) hours of notification of such violation, then The Provider shall have the right to terminate the Services at The Provider’s sole discretion.

    UNSOLICITED BULK E-MAIL
    The sending of unsolicited bulk e-mails (also known as UBE, Junk mail or Spam), including political or religious tracts, or unsolicited commercial e-mail (also known as UCE), and is considered an unacceptable use of the Service. It interferes with the operation of the Internet as a whole by creating congestion which delays and blocks legitimate traffic, contributing to the general degradation of service, and creating unwanted traffic for recipients.

    In order to act in the best interest of Internet users, The Provider is committed to ensuring that such general abuse of the Interment is kept to an absolute minimum, and will investigate fully all reports of such abuse. The Provider at its discretion may run manual or automatic systems to determine the user’s compliance with these provisions, including scanning for open mail relays. The user by entering into an Agreement with The Provider has granted permission for this limited intrusion into the user’s network.

    Users may not use their Service to send Unsolicited Bulk e-mail. Users must have explicit permission from all destination addresses before sending e-mail in any quantity. Users may not assume that permission has been granted by such passive actions as the posting of an article to Usenet or a visit made to their website. Where the User has acquired explicit permission, either on a website or through some other relationship the User should keep a record of this permission and must cease sending e-mail when requested to stop.

    Users must ensure that they do not further the sending of unsolicited bulk e-mail by others. This applies to both material that originates on the User’s system and also to third party material that may pass through it. This includes but is not limited to a prohibition on running an “open mail relay” which will accept e-mail from unauthorised or unknown senders and will forward it to a destination outside of the User’s machine or network. If the User’s machine does relay mail, on an authorised basis, then it must record it’s passing through the User’s system by means of an appropriate “received” line.

    Users may run an anonymous relay service where this anonymity can reasonably be required for legitimate purposes, provided that the User monitors this service in such a way as to detect and prevent unauthorised or excessive use.

    The Provider will fully investigate all reports of violations. For this purpose Users must ensure that a standards compliant “received” line is added to all e-mail that passes through their systems.

    In the event that a complaint is received in respect of such violation, The Provider shall be entitled to: -

  • request that equipment which is not standards compliant be replaced or reconfigured so as to prevent further recurrence of the violation and,
  • require a written undertaking that the User shall not re-offend and,
  • suspend access to the Service provided until such time as these requirements are complied with.

    If a satisfactory response is not received within five (5) working days of notification of such violation, then The Provider shall have the right to terminate the Services at The Provider’s sole discretion.

    INTELLECTUAL PROPERTY
    Violation of the laws regarding intellectual property rights constitutes a civil offence and is strictly prohibited under this policy. Users shall not commit, attempt to commit, nor aid nor abet the unauthorised transmission, storage, publication or use (unless it is “fair use” as defined by relevant legislation) of any of the following:-

  • Copyright material, including but not limited to software programs, research documents and works of literature.
  • Trademarks, including but not limited to brand names, logos and product names, and including signs identical with or similar to a registered mark.
  • Intellectual property of any other kind including, but not limited to, trade secrets or patents.

    In the event that a complaint is received in respect of such violation, The Provider shall be entitled to request either: -

  • Evidence that the Client is the legal owner of the intellectual property, or
  • Evidence that the Client has authority to use the intellectual property from the legal owner, or
  • An explanation of why a “due cause” exemption should apply, or
  • A written undertaking to remove the material and to desist from such action in the future.

    If a satisfactory response is not received within five (5) working days of notification of the violation, The Provider shall have the right to restrict, suspend or terminate access to the facility at The Provider’s sole discretion, and to refer the infringement to the legal owner.

    NEWSGROUPS
    Before using this service, users should familiarise themselves with the content of the following newsgroups:
  • news.newusers.questions
  • news.announce.newusers
  • news.answers.

    Users must not:-
  • Post irrelevant material to newsgroups.
  • Post messages of a commercial nature to non-commercial newsgroups.
  • Post binaries to non-binary newsgroups.
  • Conceal, alter or forge, nor attempt to conceal, alter or forge their identity when posting messages to any newsgroup.
  • Indulge in excessive cross posting of material to unrelated newsgroups.
  • Otherwise violate the charter of any newsgroup in any manner whatsoever.

    In the event that a complaint is received in respect of any of the above violations, The Provider shall have the right to:-

  • require a written undertaking that the User shall not re-offend
  • restrict or suspend access to the Service provided until such time as this requirement is complied with.

    If a satisfactory response is not received within five (5) working days of notification of such violation, then The Provider shall have the right to terminate the Services at The Provider’s sole discretion.

    TRACEABILITY
    The Provider recognises that users of the Internet have a right to privacy, and that there are situations where it is desirable or necessary that anonymity be preserved. It is not intended to remove or to erode these rights but to ensure that anonymity is available where and when appropriate, and that it is not used to invade the privacy of other users.
    Accordingly, unless there is an exemption agreed in writing by The Provider, the user may not under any circumstances conceal, alter or forge, nor attempt to conceal, alter or forge any information pertaining to their electronic identity, which action includes but is not limited to :-

  • “spoofing” i.e. sending e-mail from an e-mail address which is not the User’s own address.
  • “forging” i.e. concealing or amending or adding to the User’s e-mail address.
  • “bouncing” i.e. deliberately exploiting insecure systems to avoid or attempt to avoid identification of the User’s address.

    The Provider reserves the right to modify or make additions to this Policy at any time, and these variations shall be effective upon publication of the revised Acceptable Use Policy. The decision of The Provider in respect of any matter under the provisions contained within this Policy shall be final. The Provider subscribes to and shall abide by the advice given by the independent industry body The Internet Watch Foundation (“IWF”) in relation to the content of the Internet. For further information regarding IWF and its policy please refer to http://www.internetwatch.org.uk

    Complaints regarding any Illegal or Unacceptable use should be sent to johngill@raines-online.co.uk

    The Client is to evaluate the level of security supplied by the Provider and then establish a practical level of security required by the Client for any permanent connection made to the Internet in the knowledge that The Provider cannot be held liable for any external breaches of security and that it is impossible for the Provider to guarantee 100% security.

    AGREEMENT
    I have read, agree and have the authority to bind my organisation by the above policy. I undertake to provide a copy of this policy and agreement to all our contracted, employed or permitted users prior to their use of the Internet


    The Client :


    Signed for and on behalf of the Client:


    Please PRINT Name


    POSITION within Organisation:


    Date:



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