A. General
Cable & Wireless Worldwide 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").
For the purposes of this Acceptable Use Policy, a Customer is defined as any party
who purchases a Service from Cable & Wireless.
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).
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.
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. 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;
3.
Sending unsolicited commercial messages or communications in any form ("SPAM");
4. 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;
5. Engaging in any other activity that:
1. 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);
2. 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);
3. 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;
4. otherwise
degrades or interferes with other users' use of a Service;
5.
breaches a third party non-disclosure agreement or obligation, or
6. 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.
6. 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, at its sole and absolute
discretion).
Cable & Wireless may deny all traffic from known IP address
blocks that support indiscriminate port scanning programs (such as ProxyHunter), or
any other unlawful activity, for the purpose of preserving the Customer's and Cable
and Wireless’ 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
£500 (Five Hundred Pounds Sterling), 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 £10.00 (Ten Pounds Sterling) 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 a customer
registration form which has been agreed by Cable & Wireless ("Authorised
Personnel") may access the IDCs. Customer shall deliver prior written notice to
Cable & Wireless of any changes to 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 any guidelines provided by
Cable & Wireless to Customer.
Customer and its representatives shall also not
do or participate in any of the following:
1. misuse or abuse
any Cable & Wireless property or equipment or any third party property or
equipment;
2. make any unauthorised use of or interfere with
any property or equipment of any other Cable & Wireless Customer;
3. harass any individual, including Cable & Wireless
personnel and representatives of other Cable & Wireless Customers;
4. 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:
1. food
and drink;
2. tobacco products;
3.
explosives and weapons;
4. hazardous materials;
5. alcohol, illegal drugs and other intoxicants;
6. electro-magnetic devices which could unreasonably interfere
with computer and telecommunications equipment;
7. radioactive
materials;
8. 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 by the Customer 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/.