| | Acceptable Use Policy Acceptable Use Policy A. General
Lanz Ltd provide to business a variety of information technology related products and services, including such services as internet access, content delivery services, electronic mail (email) packages and services, world wide web hosting arrangements, MPLS, Frame, Leased Line, Lan Extension Service connectivity, voice and other data, online, internet-related and telecommunications services (each, a "Service" and collectively the "Services"). This document defines the Acceptable Use of the Services with a view of ensuring the integrity, security, reliability and privacy of the Lanz Ltd network, systems, products, services, server hosting facilities and data contained therein (collectively, the "Lanz Ltd Network"). Lanz Ltd customers are solely responsible for the content and messages that they post, distribute or otherwise make available using Lanz Ltd Network and Services. Lanz Ltd encourages its Customers to self-rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org/). For the purposes of this policy, a Customer is defined as any party who purchases a Service from Lanz Ltd or who uses a service from a Client of Lanz Ltd. B. Prohibited Activities
It is contrary to Lanz Ltd policy for any of its Customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service. Each of the below practices (each, a "Prohibited Activity") constitutes abuse of Lanz Ltd' Services, Network and facilities and interferes with other Service users. Accordingly, these practices are prohibited. | 1. | Posting or sending messages substantially similar in content to 10 or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a "List"); | | 2. | Send emails that cause distress, anxiety or harm to another person or that constitute a criminal offence
| | 3. | Send / knowingly receive emails that contain abusive, offensive or illegal content;
| | 4. | Send emails that deliberately affect the performance or functionality of any computer or network facilities;
| | 5. | Sending unsolicited commercial messages or communications in any form ("SPAM"); | | 6. | Subscribe anyone else to a mailing list without their authorisation | | 7. | Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to Lanz Ltd or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer's or its End Users identity or contact information; | | 8. | Engaging in any other activty that | i. | violates a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, racism, offensive, anti-social, threatening, child pornography, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights) | | ii. | threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorisation); | | iii. | attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
| | vi. | otherwise degrades or interferes with other users' use of a Service; | | v. | breaches a third party non-disclosure agreement or obligation, or
| | vi. | violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorised system penetrations. |
| | 9. | Engaging in any of the activities listed above by using another provider's service, but channelling the activity through a Lanz Ltd account, re-mailer, or otherwise through a Service. |
ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS POLICY BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED A VIOLATION OF THE POLICY BY SUCH CUSTOMER OR CUSTOMER'S END USER.
C. Rights and Remedies
Lanz Ltd may suspend and/or terminate a Customer's Service at any time for any material failure) of Customer, its representatives or its users to comply with this policy or for engaging (or permitting others to engage) in a Prohibited Activity as determined by Lanz Ltd, in its reasonable discretion.
Lanz Ltd may deny all traffic from known IP address blocks that support indiscriminate port scanning programs, or other unlawful activity, for the purpose of preserving Customer's system and network resources. Lanz Ltd reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, Lanz Ltd reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount (i) equal to Lanz Ltd actual expenses incurred in preventing or responding to such activity, or (ii) up to GBP £1,000, whichever is greater. For complaints of SPAM only: In addition to any applicable charges described above, Lanz Ltd reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified GBP £10.00 per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the Network (they increase Lanz Ltd costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers' mission-critical internet applications). Nothing in this Acceptable Use Policy limits Lanz Ltd rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity. D. Password Protection
Users are responsible for protecting their password and for any authorised or unauthorised use made of their password. You will not use or permit anyone to use Lanz Ltd' Service to guess passwords or access other systems or networks without written authorisation. In the event a network or network device becomes compromised, Lanz Ltd will assist in the tracking and/or expulsion of said offender on the network level to the extent Lanz Ltd finds reasonable, at its sole and absolute discretion.
E. Webspace
| a. | Your webspace must not contain: | i. | content that is illegal, defamatory of, abusive or harmful to others | | ii. | content that infringes third party intellectual property rights
| | iii. | software to distribute spam, viruses, or programmes that cause harm to computers and networks.
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| | b. | Your webspace must not be capable of permitting you to : | i. | impersonate; or | | ii. | pass yourself off as connected with; or
| | iii. | utilise in any domain name a trade mark belonging to another individual or organisation. |
You may not run, or link to, a website where access is subject to a premium rate telephone charge
| | c. | If your website generates abnormally high traffic, Lanz Ltd may investigate and where any other term of this AUP appears to be being breached, take appropriate action. | | d. | You are responsible for retaining copies of your own data - Lanz Ltd will not be responsible for the loss of any files or data unless specifically covered under contract. | | e. | Lanz Ltd may require that content and/or links be removed from your site should we consider them to be in breach of this AUP or the Terms and Conditions.
| | f. | You must maintain an index page called "index.htm" or "index.html" in the root directory of your webspace.
| | g. | If your space does not include an index file or you do not use it within a three month period, we may deactivate your account and remove any files. | | h. | If you exceed your contractual amount of webspace, you will be asked to remove excess files. Failure to so may result in your site being suspended or additional charges levied. | | i. | Scripts found to cause problems shall be disabled or removed re- activation will only be enabled once the Client has demonstrated that they are fully functional, repeated offences will result in charges to the Client.
| | j. | On termination of your account with Lanz Ltd for any reason, Lanz Ltd will delete your site. |
F. Use of Service
Lanz Ltd reserves the right suspend Access or Services should the Client fail to settle outstanding accounts within the appropriate remuneration period. G. Modification of This Policy
Lanz Ltd reserves the right to change this policy from time to time. Complaints regarding Illegal Use or System or Network Security issues, Email abuse, or spamming should be sent to abuse@lanz.co.uk
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