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Acceptable Use Policy
UK Shells Service
All of the provisions of UK Shells (a trading
name of UKS Limited) Acceptable Use Policy
(hereinafter referred to as AUP) shall apply to all access, transport,
system, or service Accounts billed to a designated Account Holder
(hereinafter referred to as "Customer"). All services provided to
the Customer by UK Shells are collectively termed under an
"Account".
Compliance
The
Customer shall use the Company resources in a manner that is clearly
consistent with the purposes of the products and services offered.
The Customer shall comply with applicable laws and standards, policies
and procedures. The Customer incurs the responsibility to determine
what restrictions apply and to review the policies and procedures
that will be updated continually. The Customer is responsible to
use the resources with sensitivity to the rights of others. Any
conduct by the Customer that in the Company's sole discretion restricts
or inhibits any other user, whether a customer of the Company or
a user of any other system, from using and enjoying any of the Company's
services is strictly prohibited. This includes, but is not limited
to, the posting or transmitting on or through any of the Company's
services, any information that is, in the Company's sole discretion,
unlawful, obscene, threatening, abusive, libellous, or harmful,
or encourages conduct that would constitute a criminal offence,
give rise to civil liability, or otherwise violate any local, state,
national, or international law.
Data
Transmission
Customer expressly
agrees to use all of Company's services only for lawful purposes.
Transmission or storage of any information, data or material in
violation of United States or state regulation or law is prohibited,
including but not limited to, material protected by copyright,
trademark, trade secret, or any other statute.
Limitation
of Liability
The Company
will not be liable under any circumstances for any lost profits
or other consequential damages, even if the Company has been advised
as to the possibility of such damages. The Company's liability
for damages to Customer for any cause whatsoever, regardless of
the form of action, and whether in contract or in tort, including
negligence, shall be limited to one (1) month’s fees and
the remaining portion of any prepaid fees.
Indemnification
Customer agrees
to indemnify and hold harmless the Company, against any lawsuits,
claims, damages or liabilities (or actions or proceedings in respect
thereof) to which the Company may become subject related to or
arising out of Customer's use of Company's services, and will
reimburse the Company for all legal and other expenses, including
attorney's fees, incurred in connection with investigating, defending,
or settling any such loss, claim, damage, liability, action or
proceeding whether or not in connection with pending or threatened
litigation in which the Company is a party. The provisions of
this agreement relating to indemnification shall survive termination
of Customer's account.
Prohibited Uses of Products and Services
The following actions are defined as "system abuse" and are strictly
prohibited. The examples named in this list are non-exclusive,
and are provided solely for guidance to Customer. Products and
Services include, but are not limited to, the Internet server
provided by the Company and user accounts (dialup or otherwise).
If Customer is unsure of whether any contemplated use or action
is permitted, please contact the Company through the information
provided above. The following activities are expressly prohibited:
General
- Resale of the Company's products and services, unless specifically
permitted and documented in a separate written agreement or the
initial Customer contract.
- Using the facilities and capabilities of the Company or its
services to conduct any illegal activity or other activity that
infringes the rights of others.
- Deceptive on-line marketing practices.
- Violations of intellectual property -- as legally protected
by copyrights and licenses. This includes, but is not limited
to, the installation or distribution of illegal, "pirated", or
other software products that are not appropriately licensed by
Customer.
- Violations of privacy.
System and Network
- Use of any applications which disrupts with the stable operation
of the network and/or servers.
- Introduction of malicious programs into the network or server
(e.g. viruses, worms, Trojan horses, etc.).
- Attempted or successful security breaches or disruption of Internet
communication. Security breaches include, but are not limited
to, accessing data of which Customer is not an intended recipient
or logging into a server or account Customer is not expressly
authorised to access.
- Customer may not execute any form of network monitoring (e.g.
packet sniffer) which will intercept data not intended for Customer
server.
- Attempts to circumvent user authentication or security of any
host, network, or account ("cracking").
- Attempts to interfere with or deny service to any user or any
host (e.g. Denial of Service Attacks).
- Use of any program/script/command, or sending messages of any
kind, designed to interfere with a users terminal session, via
any means, locally or via the Internet.
- Attempting to create an "active" full time connection on a Company
provided Dial-up account by using artificial means with software,
programming, or any other method.
Billing
- Furnishing false or incorrect data on the signup form, contract,
or online application, including fraudulent use of credit card
numbers.
- Attempts to circumvent or alter the processes or procedures
to measure time, bandwidth utilization, or other methods to document
"use" of the Company’s products and services.
Usenet Newsgroups
- Posting the same or similar message to large numbers of Usenet
newsgroups.
- Posting chain letters of any type.
- Posting encoded binary files to newsgroups not specifically
named for that purpose.
- Cancellation or superseding of posts other than your own.
- Forging of header information.
- Solicitations of mail for any other e-mail address other than
that of the poster's account or service, with intent to harass
or to collect replies.
IRC (Internet Relay Chat) & Bots
- Use of IRC scripts or programs that will interfere with or deny
service to other users on any server or host.
- Running or attempting to run any IRC robot or client which connects
to any service which prohibits such activity.
- Engaging in activities prohibited by a remote server when connecting
to such a server.
- Encrypted configuration files.
Other Processes
- Serving of streaming media, such as shoutcast servers.
Repercussions
Failure to follow this AUP when using a UK Shells account
may result in the following actions:
- The Account may be terminated immediately.
- No refund of monies paid for the Account will be made.
- Should it, in the sole opinion of UK Shells, be considered
necessary, then a public announcement will be made and this will
include the disclosure of the Customer's identity.
- Non-enforcement of any section of this AUP does not constitute
consent and UK Shells reserves the right to enforce this
AUP at its sole discretion.
- Company will issue a written warning to the Customer.
- Company will restrict and/or revoke privileges, products, and/or
services provided to Customer for a specific period of time.
- Company will permanently disconnect privileges, products, and/or
services provided to Customer.
- Company will refer Customer to civil authorities for prosecution.
- Company will take necessary action to correct non-compliance.
UK Shells Acceptable Use Policy
Last updated 13th
November 2000
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