Acceptable Use Policy ("AUP")
A. General
Cable &
Wireless and its affiliates ("Cable & Wireless") provide to
business and consumer users a variety of information technology
related products and services, including such service as internet
access, content delivery services, various electronic mail (email)
packages and services, world wide web hosting arrangements, ATM,
Frame Relay, 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 Cable & Wireless network, systems,
products, services, server hosting facilities and data contained
therein (collectively, the "Cable & Wireless Network").
Cable & Wireless' Customers are solely
responsible for the content and messages that they post, distribute
or otherwise make available using Cable & Wireless Network and
Services. Cable & Wireless 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 Cable & Wireless.
B. Prohibited
Activities
It is contrary to Cable & Wireless
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 Cable & Wireless'
Services, Network and facilities and interferes with other Service
users. Accordingly, these practices are prohibited.
- 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");
- Posting or sending messages, articles, or other content to a
List which are off-topic according to the charter or other
owner-published FAQs or descriptions of the List;
- Sending unsolicited commercial messages or communications in
any form ("SPAM");
- 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 Cable & Wireless 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;
- Engaging in any other activity that:
- violates a law or regulation (including, but not limited to,
libel, slander, invasion of privacy, harassment, obscenity, child
pornography, export laws and regulations, and infringement or
misappropriation of another party's copyrights, trademarks,
patents, trade secrets or other intellectual property rights);
- 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);
- 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;
- otherwise degrades or interferes with other users' use of a
Service;
- breaches a third party non-disclosure agreement or obligation,
or
- 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.
- Engaging in any of the activities listed above by using another
provider's service, but channelling the activity through a Cable
& Wireless account, remailer, 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
Cable & Wireless 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 Cable & Wireless, in
its reasonable discretion. Cable & Wireless may deny all
traffic from known IP address blocks that support indiscriminate
port scanning programs such as ProxyHunter, or other unlawful
activity, for the purpose of preserving Customer's system and
network resources. Cable & Wireless reserves the right to,
where feasible, implement technical mechanisms to prevent a
Prohibited Activity. In addition, Cable & Wireless 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 Cable & Wireless actual
expenses incurred in preventing or responding to such activity, or
(ii) up to US$ 500, whichever is greater.
For complaints of SPAM only: In addition to any
applicable charges described above, Cable & Wireless reserves
the right to charge the Customer the amount set forth under
applicable law or if no amount is specified US$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 Cable & Wireless 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
Cable & Wireless 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 Cable &
Wireless' Service to guess passwords or access other systems or
networks without written authorisation. In the event a network or
network device becomes compromised, Cable & Wireless will
assist in the tracking and/or expulsion of said offender on the
network level to the extent Cable & Wireless finds reasonable,
at its sole and absolute discretion.
E. Access to Internet Data
Centres
For Customers accessing Internet Data Centres
(IDCs), in addition to, and to the extent not in conflict with, the
rules of the individual IDC, only those individuals identified in
writing by Cable & Wireless or by Customer on the Customer
Registration Form ("Authorised Personnel") may access the IDCs.
Customer shall deliver prior written notice to Cable & Wireless
of any changes to the Customer Registration Form and the list of
Authorised Personnel. Customer and its representatives shall not
allow any unauthorised persons to have access to or enter any IDC.
Customer and its representatives may only access that portion of an
IDC made available by Cable & Wireless to Customer for the
placement of Customer's equipment and use of the IDC Services (the
"Customer Area"), unless otherwise approved and accompanied by an
authorised Cable & Wireless representative.
F. Use of Internet Data Centre
Facility
Conduct at Internet Data Centres. For
Customers accessing IDCs, in addition to, and to the extent not in
conflict with, the rules of the individual IDC, Customer and its
representatives agree to adhere to and abide by all security and
safety measures established by Cable & Wireless and set forth
in the Customer Guide provided by Cable & Wireless to Customer.
Customer and its representatives shall also not do or participate
in any of the following: misuse or abuse any Cable & Wireless
property or equipment or any third party property or equipment;
make any unauthorised use of or interfere with any property or
equipment of any other Cable & Wireless Customer; harass any
individual, including Cable & Wireless personnel and
representatives of other Cable & Wireless Customers; engage in
any activity that is in violation of the law or aids or assists any
unlawful activity while on Cable & Wireless property or in
connection with the IDC Services. Prohibited Items. For Customers
accessing IDCs, in addition to, and to the extent not in conflict
with, the rules of the individual IDC, Customer and its
representatives shall keep each Customer Area clean, free and clear
of debris and refuse. Customer shall not, except as otherwise
agreed to in writing by Cable & Wireless, (1) place any
computer hardware or other equipment in the Customer Area that has
not been identified in writing to Cable & Wireless; (2) store
any paper products or other combustible materials of any kind in
the Customer Area (other than equipment manuals); and (3) bring any
Prohibited Materials (as defined below) into any IDC. "Prohibited
Materials" shall include, but not be limited to, the following and
any similar items: food and drink; tobacco products; explosives and
weapons; hazardous materials; alcohol, illegal drugs and other
intoxicants; electro-magnetic devices which could unreasonably
interfere with computer and telecommunications equipment;
radioactive materials; photographic or recording equipment of any
kind (other than tape back-up equipment).
G. Equipment and
Connections
Customer Equipment. For Customers
accessing IDCs, in addition to, and to the extent not in conflict
with, the rules of the individual IDC, each piece of equipment
installed in a Customer Area (the "Customer Equipment") must be
clearly labelled with Customer's name (or code name provided in
writing to Cable & Wireless) and individual component
identification. Each connection to and from a piece of Customer
Equipment shall be clearly labelled with Customer's name (or code
name provided in writing to Cable & Wireless) and the starting
and ending point of the connection. Customer Equipment must be
configured and run at all times in compliance with the
manufacturer's specifications, including power outlet, power
consumption and clearance requirements. Customer must use its best
efforts to provide Cable & Wireless with at least 48 hours
prior notice any time Customer intends to connect or disconnect any
Customer Equipment or other equipment.
H. Modification of This
Policy
Cable & Wireless reserves the right to
change this policy from time to time.
I. Scheduled
Maintenance
For information on scheduled maintenance,
please view the maintenance schedule posted on Cable &
Wireless' World Wide Web site at: http://www.inoc.cw.net/.