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Introduction
CHOICES WILD (UK) LTD has created this Acceptable Use Policy for 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 CHOICES WILD (UK) LTD comply with all relevant UK laws. This
Acceptable Use Policy must be read in conjunction with our Terms and
Conditions.
It is the responsibility of all customers of the CHOICES WILD (UK) LTD network
and services to ensure that they comply with the latest edition of the
ACCEPTABLE USE POLICY at any given time.
This ACCEPTABLE USE POLICY may be revised, without notice, at any time, at the
sole discretion of CHOICES WILD (UK) LTD. 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 ACCEPTABLE USE POLICY.
In the event of a breach of this policy, CHOICES WILD (UK) LTD 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: sales@choiceswild.co.uk.
Compliance with UK Law & Copyrights
It is an offence under UK 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 UK authorities under the
relevant Criminal Acts including but not limited to the Computer Misuse Act
1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and
the Prevention of Harassment Act 1997.
It is also a criminal offence under UK 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. CHOICES WILD (UK) LTD
will co-operate with any agency or rights holder wishing to assert their rights
in these matters and CHOICES WILD (UK) LTD reserve the right to withdraw
service under such circumstances.
The Data Protection Act 1998 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, CHOICES WILD
(UK) LTD 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 CHOICES WILD (UK) LTD network, Customers agree to hold
CHOICES WILD (UK) LTD 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. CHOICES WILD (UK) LTD 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 CHOICES
WILD (UK) LTD deem irresponsible then CHOICES WILD (UK) LTD 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, CHOICES WILD (UK) LTD 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. CHOICES WILD (UK) LTD 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 CHOICES WILD (UK) LTD find malicious traffic emanating from a customer's
Account / site, CHOICES WILD (UK) LTD 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. CHOICES WILD (UK) LTD understand that in many cases a customer
may not be responsible for or aware of the problem, and therefore CHOICES WILD
(UK) LTD will work with the customer to resolve the issue as efficiently as
possible to restore normal service.
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
under the Computer Misuse Act 1990 or any other relevant criminal legislation.
Attempts to circumvent copy protection technology and encryption are also
likely to be illegal under the Copyright Designs and Patents Act 1988 (as
amended).
E-mail
Customers may not use CHOICES WILD (UK) LTD services to send unsolicited
commercial e-mail (UCE, also known as 'Spam'). CHOICES WILD (UK) LTD will block
the mail services of any customer found to be sending such mail.
Customers may not have "open mail relays". CHOICES WILD (UK) LTD 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.
CHOICES WILD (UK) LTD 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 CHOICES WILD (UK) LTD's POP3
server. CHOICES WILD (UK) LTD 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, CHOICES WILD (UK) LTD reserve the right to remove older mails
from the mailbox to reduce its size.
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 CHOICES WILD (UK) LTD.
When using a quota-based service, it is the customer's responsibility to remain
within their usage quota. CHOICES WILD (UK) LTD reserve the right to delete
files for over-quota users if disk space is affecting the normal running of the
server.
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