1. Our Fair Use Policy
This fair use policy ("Fair Use Policy")
sets out the standards of conduct that you are required
to meet you when you use Consulting Networks Limited's
broadband service ("CONNET�Broadband"), and the usage
guidelines we have set to ensure that all CONNET Broadband
users have access to a fast and reliable service.
This Fair Use Policy forms part of and is incorporated
into your Agreement. We may change this Fair Use Policy
at any time. Please contact Customer Services if you
have any questions about this Fair Use Policy or if
you wish to notify us of a breach of this Fair Use
Policy.
2. Usage Guidelines
A small number of customers use file
sharing software to upload and download files, such
as music and videos, containing very large amounts
of data. Please be aware that uploading and downloading
copyrighted files such as music and films without
the prior consent of the copyright owner are unlawful.
Those copyright owners are able to seek Court Orders
for us to disclose your details to them. Uploading
and downloading files uses a lot of network capacity
and can affect the speed of the network and the CONNET
Broadband Service for other users during peak periods.
To ensure that the majority of our users do not suffer
from a very small number of high bandwidth users,
we will monitor usage by looking at a number of factors
including the amount of time excessive usage continues
as well as the bandwidth used. The systems that are
used to provide our Broadband can identify very high
bandwidth users and we may request that you manage
your internet bandwidth, to ensure fairness to all
users. If we find your usage is excessive we may at
our sole discretion restrict your download rate, and
you will be liable to pay the excess usage at a rate
of �1.50 excl. VAT per gigabyte.
3. Unlawful Activities
When you use any part of CONNET Broadband
service, you must abide by the laws applicable to
your part of the United Kingdom and not commit any
offence or contribute to any offence being carried
out. This includes not using CONNET Broadband Service
to send, receive, store, distribute, transmit, post,
upload or download any materials or data which:
- may be deemed illegal, defamatory, abusive,
offensive, anti-social, racist, distressing, harmful
or threatening; o cause distress, anxiety or harm
to another person;
- breach other person's rights (including rights
of privacy, rights of confidentiality, and intellectual
property Rights such as copyright, database rights,
design rights and trade
marks);
- are or may be harmful to minors;
- encourage or promote illegal or socially unacceptable
or irresponsible behaviour;
- have any fraudulent purpose or effect or conceal
your identity or impersonate any individual or organisation
or otherwise misrepresent you as a source of information;
- intentionally cause a reduction in performance
or functionality of any computer or network facilities;
- damage or may damage our name and/or reputation
or the name and/or reputation of our suppliers;
- constitute bulk mail or 'spam' which the recipient
has not asked for; or o subscribe anyone else to
a mailing list without their permission.
Our suppliers have put technical
measures in place to prevent you from accessing certain
websites that contain illegal images of child abuse
that are identified from time to time by the Internet
Watch Foundation ("IWF"). These filters are comprehensive
but they do not provide an absolute guarantee that
you will be unable to view such illegal images on
the internet. In addition, these measures do not filter
other content which you may find distasteful, such
as "adult" material. On this basis, you may wish to
install additional software on your computer to prevent
access to inappropriate websites or content on the
internet. For further information regarding the IWF,
please visit their website at www.iwf.org.uk.
4. Network Security
You must not use CONNET Broadband
to violate our network security or any third party's
system or network security by any method including:
- gaining or providing access to or use of data,
systems or networks, including any attempt to probe,
scan or test the vulnerability of a system or network
without the permission of the owner of that network
or system;
- monitoring data or traffic on any network or
system without the permission of the owner of that
network or System;
- interfering with any user, host, system or network
without the permission of the owner of that network
or system;
- sending, receiving, storing, distributing, transmitting,
posting, uploading or downloading any materials
designed to violate our network security or anyone
else's system or network security (including but
not limited to viruses, worms, corrupted files,
hoaxes, Trojan horses, tools designed to compromise
the security of other websites' programs or services
designed to send or enable the sending of unsolicited
advertisements); and
- connecting CONNET's Broadband service to insecure
machines or services able to be exploited by others
to carry out actions which constitute a breach of
this Fair Use Policy. You must not adapt, modify,
decompile or reverse engineer any part of CONNET
Broadband service. You are responsible for all materials
and/or data originating from the machines and/or
networks that you have connected to CONNET Broadband
service. You must immediately disconnect (and then
secure before reconnection) machines generating
materials and/or data which breach this Fair Use
Policy once you are notified of such activity by
us or our suppliers.
5. Email Accounts
As part of the CONNET Broadband service
you may have the ability to use one or more email
accounts. Each such email account will have a separate
email address. You should not allow any of your email
accounts to exceed 20MB in size. If your email account
exceeds 20MB, incoming emails may be bounced with
a message that states that your account is full. If
you do not access your email account for a period
of six months or more, we may deactivate your email
account and any incoming mail may be bounced with
a message that states that your email account is inactive.
We may deactivate an email account on cancellation
of the CONNET service or otherwise in accordance with
the Agreement (including this Fair Use Policy). When
we do so, the email account will cease to exist and,
for a reasonable period afterwards, any incoming mail
may be bounced with a message that states that your
email account is inactive.
6. Webspace
As part of the CONNET's Broadband
service you may be given up to 50MB of internet hosting
space, which allows you to host your own websites
("Webspace"). Your Webspace must not contain content
that breaches section 3 (Unlawful Activities) and/or
4 (Network Security) above. You must not use your
Webspace to:
- impersonate a third party;
- pass yourself off as connected with or endorsed
by any third party; or
- use any domain name or trade mark belonging
to any third party without their permission.
- you may not operate, or link to, a website where
access is subject to a premium rate telephone charge.
If your Webspace generates abnormally
high traffic, we may investigate and where any term
of this Fair Use Policy appears to have been breached,
take appropriate action (including, without limitation,
limiting access to your Webspace and/or blocking access
to your Webspace). You are responsible for retaining
copies of your files and data. We will not be responsible
for the loss of any files or data. We may require
you to remove content and/or links from your Webspace
if we consider them to be in breach of this Fair Use
Policy or the Agreement. If you exceed 50MB of Webspace,
you will be asked to remove excess files. If you fail
to do this, we will remove your entitlement to Webspace.
If your subscription to CONNETs
Broadband is cancelled for any reason, we will delete
your Webspace.
- Your Webspace may not be used to distribute
or advertise any of the following material:
- software for sending bulk e-mails or "spam"
which the recipient has not asked for;
- software for port scanning, virus creation,
hacking or any other illegal or antisocial activity;
- lists of addresses, telephone numbers, e-mail
addresses or other such contact details except where
all the addressees have given their explicit permission
to have such details listed; or
- any collection of personal data other than
in accordance with all applicable data protection
legislation.
7. Security
Do not disclose your username or
password to anyone. You are responsible for the security
of these. We may request that you change your username,
password and/or email address. You are responsible
for the set-up and security of your computer and any
software that may run on your computer. You should
protect your computer with anti-virus software and
keep your computer updated regularly.
8. Use of CONNETs Broadband
You must use CONNET Broadband in
compliance with our instructions regarding health
and safety or instructions that are intended to prevent
the CONNET's Broadband service being disrupted. You
must be at least 18 years old to be a CONNET Broadband
user. Sub-users under this age must have permission
from the account holder to access CONNET's Broadband.
Before using any part of the CONNET's Broadband service,
you must obtain permission from the person who pays
the bill for CONNET's Broadband.
9. Fair Use Policy Enforcement
We will block any electronic communication
that we reasonably consider to have breached the Fair
Use Policy. If you have breached this Fair Use Policy,
or we reasonably suspect that you may have breached
this Fair Use Policy, we will notify you by email
(provided that this notification will not prejudice
any investigation) and we may also:
- Immediately suspend your access to CONNET Broadband
(or any part of the CONNET Broadband service, including
without limitation email accounts and/or Webspace)
until we are satisfied the breach has stopped;
- Cancel CONNET Broadband in accordance with the
Agreement;
- Pass on the details of the breach of the Fair
Use Policy to any relevant government, statutory,
self-regulatory or any law enforcement authority;
- Pass on your details to copyright owners if
we are required to do so by a Court or any other
relevant government, statutory, self-regulatory
or law enforcement authority;
- Investigate the alleged breach of the Fair
Use Policy, which may include gathering information
from you and/ or the complaining party (if any)
and the examination of any other data or other material
on the network or our servers; and/or
- Remove (either temporarily or permanently),
copy, store, monitor or otherwise deal with data
and/or other material on the network or our servers.
10. GOVERNING LAW
The Fair Usage Policy is governed in accordance with
English law and the parties hereby submit to the jurisdiction
of the English Courts.
