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Acceptable
Use Policy |
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Acceptable Use Policy
Introduction
Active Online has created this Acceptable Use
Policy (AUP) for hosting customers to protect
our resources, and the resources of our
customers and peering networks in order to
provide a high speed network, high
availability services and to ensure that
Active Online comply with all relevant Irish
laws. This AUP must be read in conjunction
with our Terms and Conditions.
It is the responsibility of all customers of
the Active Online network and services to
ensure that they comply with the latest
edition of the AUP at any given time.
This AUP may be revised, without notice, at
any time, at the sole discretion of Active
Online. Completion of the relevant application
form, or connection to the service for the
first time, is deemed to be an agreement to
our Terms and Conditions and this AUP.
In the event of a breach of this policy,
Active Online reserve the right to terminate
all or part of any service with immediate
effect, without recompense, and delete any
files held on our servers.
If you have any questions about any of our
policies, please contact the Customer Service
Team at: solutions@activeonline.ie
Compliance with Irish law
It is an offence under Irish law to transmit,
receive or store certain types of files.
Customers may not use our services to engage
in activities, or store, transfer or receive
material of an indecent, offensive or
otherwise illegal nature. Any such activities
may result in prosecution by the Ireland
authorities under the relevant Criminal Acts
including but not limited to the Computer
Misuse Act , the Protection of Children Act ,
the Criminal Justice Act and the Prevention of
Harassment Act.
It is also a criminal offence under Irish law
to knowingly infringe intellectual property
rights, such as copyright, patents, database
rights and registered trade marks. Customers
are reminded that sharing copyright material
through the use of peer to peer software may
consequently constitute a criminal offence if
done without permission of the right owner in
question. Active Online will co-operate with
any agency or rights holder wishing to assert
their rights in these matters and Active
Online reserve the right to withdraw service
under such circumstances.
The Data Protection Act imposes numerous
duties on any organisation that processes
personal data relating to third parties.
Failure to comply with many of these duties
constitutes a criminal offence. Customers who
are not merely processing personal data for
domestic (including recreational) reasons are
reminded of their likely duty to register with
the Information Commissioner.
Under the Electronic Commerce (EC Directive)
Regulations 2002, Active Online is in general
not liable to any criminal or pecuniary
penalty for any unlawful acts carried out
using our service unless we have actual
knowledge of those unlawful acts. Accordingly,
if we become aware of credible evidence that a
customer has carried out any unlawful acts we
will take preventative measures to bring those
acts to an end.
Compliance with foreign law
The Internet is global in reach. Consequently
it is possible for anyone using the internet
to break the laws of foreign countries.
Customers are therefore advised to take all
reasonable steps to avoid breaching relevant
foreign laws.
Warranties and Disclaimers
Our service warranties and the extent of our
liability are explained fully in our Terms and
Conditions.
By connecting to the Active Online network,
Customers agree to hold Active Online harmless
in the event of any legal claim regarding our
services.
Irresponsible usage
Customer acknowledges that they have a
responsibility to ensure that their connection
is not used in an irresponsible manner. Active
Online deem irresponsible use of the services
to include, but not be limited to, sending
unsolicited e-mail ("spamming"), attempting to
breach the security of a 3rd party machine,
and flooding Usenet by placing a single post
in a large number of newsgroups.
In the event that a customer’s services are
used for any purpose that Active Online deem
irresponsible then Active Online reserve the
right to suspend service while the usage is
investigated in consultation with the
customer. Should investigation determine that
the service has been used irresponsibly,
Active Online reserve the right to terminate
the customer’s account with immediate effect.
Wherever possible the customer will be
notified in advance of any termination.
Security and privacy
Login names and passwords must be kept secret
and not be communicated to any third party.
Active Online must be notified immediately if
they are compromised. If a customer forgets or
loses their password, they will need to
contact support to have it changed.
Customers are responsible for all traffic that
is sent from their server. It is therefore the
customer’s responsibility to ensure that all
software is virus-free and up-to-date with all
relevant security patches. In particular,
server software running on public-facing
ports, such as mail servers and proxy servers,
must not be remotely exploitable.
If Active Online find malicious traffic
emanating from a customer’s server, Active
Online have an obligation to our other
customers and peering networks to take urgent
measures to block that traffic. In many cases,
this can be achieved by selective port
blocking, but in other cases, this will
involve disconnecting and suspending the
account until the issue has been resolved.
Active Online understand that in many cases a
customer may not be responsible for or aware
of the problem, and therefore Active Online
will work with the customer to resolve the
issue as efficiently as possible to restore
normal service.
E-mail
Customers may not use Active Online services
to send unsolicited commercial e-mail (UCE,
also known as 'Spam'). Active Online will
block the mail services of any customer found
to be sending such mail.
Customers may not have “open mail relays”.
Active Online will close the relay or
connection of any customer found with an open
mail relay.
Opt-in mailing lists are allowed, where it can
be proved that subscribers did opt-in and that
a suitable opt-out mechanism is available.
Active Online reserve the right to remove any
mail older than 60 days from shared mail
servers. It is the customer's responsibility
to ensure that mail is regularly collected and
removed from Active Online's POP3 server.
Active Online strongly advise against the use
of the POP3 option to keep mail on the server.
If a POP3 mailbox contains an excessive amount
of mail, Active Online reserve the right to
remove older mails from the mailbox to reduce
its size.
Hosting (Shared)
By uploading to the services, the customer
will be deemed to have accepted and agreed to
the Terms and Conditions of use of the Web
space service.
The Customer will be responsible for the
content of their website, including obtaining
the legal permission for any works they
include and ensuring that the contents of
these pages do not violate Irish law. Active
Online reserve the right, without notice or
explanation, to remove material which does not
comply with this AUP or our Terms and
Conditions, such as material of an adult
nature or pirated software.
Active Online reserve the right to suspend any
or all of the service at any time, without
prior notice, explanation, or recompense.
Customers will be held solely responsible for
any defamatory, confidential, secret or other
proprietary material made available via their
website. Active Online reserve the right to
suspend any sites containing such material.
Customers must be careful when using peer to
peer networking software to ensure that they
do not download or transfer material which
they do not have the right to download or
transfer.
Login names and passwords must be kept secret
and not communicated to any third party,
except for agencies, such as Webpage
designers, working on the customer’s behalf.
Active Online must be notified immediately if
they are compromised. If someone were to gain
access to a customer’s account password, they
could tamper with files held on the customer’s
website.
The customer has sole responsibility for
ensuring that any data is suitably backed-up.
Active Online will not keep backups of
customers’ websites. Active Online will accept
no responsibility whatsoever for loss of data
or information resulting from the use of this
service.
If the account is suspended for any reason,
such as non-payment, access to the customer's
website, both for viewing and uploading, may
also be suspended.
On closing an account, the relevant data on
this Web space will be deleted.
Hosting (Dedicated)
By uploading to a Active Online dedicated
server, the customer will be deemed to have
accepted and agreed to the Terms and
Conditions of use of the Web space service.
The customer will be responsible for the
content on their server, including obtaining
the legal permission for any works they
include and ensuring that the content on the
server does not violate Irish law. Active
Online reserve the right, without notice or
explanation, to remove from the network a
server which does not comply with this AUP or
our Terms and Conditions, such as one storing
material of an adult nature or pirated
software.
Active Online reserve the right to remove a
server from the network, if it is deemed to be
causing excessive load or traffic, is
adversely affecting the performance of other
servers on the network, or is being abused by
an external entity. It is the customer's
responsibility to ensure that their scripts
are not vulnerable to these problems.
The customer agrees not to advertise their
Website via unsolicited commercial e-mail.
Active Online reserve the right to suspend a
site which has been 'spamvertised' at any
time.
Active Online do not impose quotas for data
transfer on dedicated servers. However if a
customer is using an excessively high volume
of bandwidth for data transfer Active Online
reserve the right to revert to its terms and
conditions and impose a charge for high usage.
We ask customers who intend to use high
volumes of bandwidth for data transfer to
first discuss their requirement with their
dedicated Account Manager.
Customers will be held solely responsible for
any defamatory, confidential, secret or other
proprietary material made available via their
dedicated server. Active Online reserve the
right to remove from the network any server
containing such material. Customers must be
careful when using peer to peer networking
software to ensure that they do not download
or transfer material which they do not have
the right to download or transfer.
Login names and passwords must be kept secret
and not communicated to any third party,
except for agencies, such as Webpage
designers, working on the customer’s behalf.
Active Online must be notified immediately if
they are compromised. If someone were to gain
access to a customer’s account password, they
could tamper with files held on the customer’s
server.
The customer is ultimately responsible for
ensuring that their site is suitably
backed-up.
If the account is suspended for any reason,
such as non-payment, access to the server may
be suspended.
On closing an account, the data on the
dedicated server will be deleted.
Attempted security breaches
Any attempt to breach the security of any
machine is forbidden. Attempting to do so will
result in immediate account termination and
possible further legal action. Users may not
run any program that monitors network packet
data or any program that compromises the
privacy of network traffic.
It should be noted that attempting to breach
security may lead to prosecution.
Attempts to circumvent copy protection
technology and encryption are also likely to
be illegal under the Copyright Designs and
Patents Act
Non-Specific
Customers may not mount an attack, by whatever
means, against our system, or any other
systems. Customers may not run unauthorised
mailing lists from or through any of our
machines or mail servers.
Any IP addresses assigned to customers are
owned by Active Online.
When using a quota-based service, it is the
customer’s responsibility to remain within
their usage quota. Active Online reserve the
right to delete files for over-quota users if
disk space is affecting the normal running of
the server.
dated: 28 March 2004
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