Acceptable Use Policy for Web Hosting Customers of VPW Systems (UK) Ltd
As a provider of Web Hosting and other Internet-related services, VPW Systems (UK) Ltd offers its customers (clients), and in some cases, the customers and users of our client, the means to store, acquire and disseminate a wealth of public, private, commercial, and non-commercial information. VPW Systems (UK) Ltd respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, VPW Systems (UK) Ltd reserves the right to take certain preventative or corrective actions.
In order to protect these competing interests, VPW Systems (UK) Ltd, like most Internet Service Providers, has an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective terms and conditions, and is intended as a guide to the customer's rights and obligations when utilizing VPW Systems (UK) Ltd's services. This AUP will be revised from time to time. Customer use of VPW Systems (UK) Ltd's services after changes to the AUP are posted on VPW Systems (UK) Ltd's web site, www.vpwsys.net will constitute the customers acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others.
When customers obtain information through the Internet, they must keep in mind that VPW Systems (UK) Ltd simply cannot monitor, verify, warrant, or guarantee the accuracy and quality of the information that customers may store or access.
Customers should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because VPW Systems (UK) Ltd cannot monitor or censor the Internet, VPW Systems (UK) Ltd cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When customers disseminate information through the Internet (in the case of Web Hosting for example), they also must keep in mind that VPW Systems (UK) Ltd does not review, edit, censor, or take responsibility for any information its customers may create.
When a customer or user places information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over VPW Systems (UK) Ltd's network and may reach a large number of people, including both customers and non-customers of VPW Systems (UK) Ltd, customers postings to the Internet may affect other customers and may harm VPW Systems (UK) Ltd's goodwill, business reputation, and operations.
For these reasons, customers will violate VPW Systems (UK) Ltd policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward VPW Systems (UK) Ltd, but also because it can unfairly load VPW Systems (UK) Ltd's network and disrupt service to VPW Systems (UK) Ltd customers.
Also, maintaining an open SMTP relay which utilises our resources is strictly prohibited. When a complaint is received, VPW Systems (UK) Ltd has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. The right is also reserved by VPW Systems (UK) Ltd whether to terminate or suspend access to/from the affected customers in order to protect the service of our other customers.
Intellectual Property Violations Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
Also, engaging in activity that violates privacy, publicity, or other
personal rights of others. VPW Systems (UK) Ltd is required by law to remove
or block access to customer content upon receipt of a proper notice of copyright
infringement, or upon any other acceptable legal request (as determined
through UK Law). It is also VPW Systems (UK) Ltd's policy to terminate the
privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials Using VPW Systems (UK) Ltd's network to advertise,
transmit, store, post, display, or otherwise make available child pornography
or obscene speech or material. VPW Systems (UK) Ltd is required by law to
notify law enforcement agencies when it becomes aware of the presence of
child pornography on or being transmitted through VPW Systems (UK) Ltd's
network, and will automatically (without any further option to restore service)
terminate those services provided.
Defamatory or Abusive Language Using VPW Systems (UK) Ltd's network as a means to store, transmit or post defamatory, harassing, abusive, or threatening language. Forging of Headers Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Usenet Groups VPW Systems (UK) Ltd reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities Engaging in activities that are determined to be illegal, including (but not limited to) advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities Engaging in activities, whether lawful or unlawful, that VPW Systems (UK) Ltd determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. VPW Systems (UK) Ltd will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with VPW Systems (UK) Ltd policy or applicable law. When VPW Systems (UK) Ltd becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
VPW Systems (UK) Ltd also is aware that some of its customers are, themselves, providers of Internet services, and that information reaching VPW Systems (UK) Ltd's facilities from those customers may have originated from a customer of our customer or from another third-party.
VPW Systems (UK) Ltd may take action against the VPW Systems (UK) Ltd customer because of activities of a customer of its own customers, even though the action may affect other customers of the party providing Internet Services.
Similarly, VPW Systems (UK) Ltd anticipates that customers who offer Internet
services will cooperate with VPW Systems (UK) Ltd in any corrective or preventive
action that VPW Systems (UK) Ltd deems necessary. Failure to cooperate with
such corrective or preventive measures is a violation of VPW Systems (UK)
Ltd policy.
VPW Systems (UK) Ltd also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor less secure
than other means of communication, including mail, facsimile, and voice
telephone service, all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, VPW Systems (UK) Ltd urges its customers
to assume that all of their on-line communications are insecure. VPW Systems
(UK) Ltd cannot take any responsibility for the security of information
transmitted over VPW Systems (UK) Ltd's facilities.
VPW Systems (UK) Ltd will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. VPW Systems (UK) Ltd may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. In the event of a service issue, it may be necessary to inspect or otherwise intercept messages for the purpose of service monitoring or debugging. At all times, confidentiality in the messages being transmitted will be honoured.
Also, VPW Systems (UK) Ltd may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a web site, in order to comply with a court order, summons, discovery request, warrant, statute, regulation, or other legal/governmental request. VPW Systems (UK) Ltd assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, VPW Systems (UK) Ltd may disclose customer information or information transmitted over its network where necessary to protect VPW Systems (UK) Ltd and others from harm, or where such disclosure is necessary to the proper operation of the system.
VPW Systems (UK) Ltd expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer 's failure to comply with those laws will violate VPW Systems (UK) Ltd policy.
Finally, VPW Systems (UK) Ltd wishes to emphasize that using or purchasing our services, customers indemnify VPW Systems (UK) Ltd for any violation of our published legal policies (which are available from www.vpwsys.net/legal/, law, or other VPW Systems (UK) Ltd policy, that results in loss to VPW Systems (UK) Ltd or the bringing of any claim against VPW Systems (UK) Ltd by any third-party. This means that if VPW Systems (UK) Ltd is sued because of a customer (or because of a 3rd party to a customer’s activity), the customer will pay any damages awarded against VPW Systems (UK) Ltd, plus costs and reasonable legal fees.
Complaints about a customer violation of this AUP should be sent to us, including all relevant information to our standard contact addresses.