ECI’s Clients must not engage in any activity, either lawful or unlawful, which ECI considers detrimental to its subscribers, operations, reputation, goodwill or Client relations. ECI has developed this Acceptable Use Policy (“Policy”) in order to encourage the responsible use of ECI's networks, systems, services and products (collectively "ECI's Network and Services") by our Clients and other users ("Users"), and to enable ECI to provide our Users with secure, reliable and productive services. ECI's Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. This copy is provided for Client’s records, and Client should keep it handy for ready reference. ECI reserves the right to modify the policy at any time upon ten (10) days notice provided by e-mail to a designated Client contact, post, or publication on the ECI-UK website.
1. General Statement. This Policy sets out:
1.1 The minimum standards of behaviour required from Client when Client uses our network and the internet via our network;
1.2 certain actions which are prohibited; and
1.3 what we may do if Client fail to meet those minimum standards.
2. Modifications of AUP. The actions prohibited and the minimum standards set out in the Policy are not a complete list. If Client is unsure about any contemplated action or use please contact email@example.com. ECI reserves the right to modify the policy at any time upon ten (10) days notice provided by e-mail to a designated Client contact, post, or publication on the ECI-UK website. By using the Services Client agree to be bound by our Policy.
3. Lawful Use Of Resources. Users may not use ECI's Network and Services in order to transmit, distribute or store material:
3.1 in violation of any applicable law or regulation;
3.2 in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others;
3.3 that is fraudulent, obscene, defamatory, libellous, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component;
3.4 containing fraudulent offers for goods or services or any promotional materials that contain false, deceptive or misleading statements, claims or representations; or
3.5 generally, in a manner that may expose ECI or any of its personnel to criminal or civil liability.
3.6 ECI requires its Clients to comply with ECI’s instructions and all legal and regulatory requirements relevant to their system, network and any services they may provide within the countries in which they operate. Client agrees to and shall indemnify ECI against all losses, expenses, costs (including legal costs) or damages which may be suffered or incurred by ECI in relation to any failure by Client or any User of Client’s access to meet such legal and regulatory requirements.
3.7 Client may not host or serve unsecured peer file-sharing applications. This includes (but is not limited to): Kazaa, Morpheus, Gnutella, and Napster. Furthermore, ECI reserves the right to take any and all appropriate measures (traffic filtering, traffic shaping and DNS blacklisting) against all illegal activities, including: “hackers” and “email spammers
3.8 It is ECI's policy to assist police and law enforcement bodies in any practicable way when required by applicable law. ECI reserves the right to disclose information to such bodies or highlight any concern of potential illegal activities being carried out via ECI's networks or systems.
4. Sending Of Electronic Mail.
4.1 Under no circumstance will any ECI Client transmit unsolicited bulk email of any kind or permit the usage of unsolicited bulk email to advertise any site located on the ECI network.
4.2 Any mail server connected to the ECI network must not be configured as an open relay. Such a server could be used for the unauthorised transmission of bulk email, should this occur the transmission would be considered to have originated from the Client.
4.3 Client must not use the ECI network or systems to transmit email with modified, false, inaccurate or purposefully erroneous headers or other information so that the origin of the e-mail is unclear or deceptive.
5. Disruption Of Service And Network Security Breaches. Client agrees to the following:
5.1 Under no circumstances should ECI Clients utilize ECI's network or systems to gain or attempt to gain unauthorised access to any system. Actions considered unacceptable include, but are not limited to, network probing, network mapping, vulnerability scanning or the exploitation of vulnerabilities or mis-configurations in systems or networks, without prior authorization with the intention of gaining unauthorised access or for any other purpose;
5.2 Any packets transmitted onto or across the ECI network by ECI or its Clients should contain the correct source address of the emanating system. Any packets for which this is not the case may be prevented from traversing the ECI network without additional notice;
5.3 Networks must be configured so as not to accept external broadcast traffic;
5.4 Client must not utilize any protocol or service with the intent of disrupting or preventing the legitimate use of any service by others;
5.5 Client must not use ECI networks or systems to transmit viruses;
5.6 Client must not use ECI networks or systems to install directly or indirectly any unauthorised software or other system modification on any system without prior authorization of the system owner;
5.7 Client must not attempt to intercept or modify any traffic traversing the ECI network;
5.8 Client will not collect any personal information about other users of the Services without either the consent of those users.
6. Use Of Material.
6.1 Client agrees to conform to Internet protocols and standards.
6.2 Client may not use ECI networks or systems to distribute copyright material unless they are authorised to do so by the copyright owner.
6.3 Client must not use ECI networks or systems for improper or unlawful purposes or to receive or send messages which are, in reasonable opinion, offensive, indecent, obscene, menacing, malicious or defamatory, or which infringe any intellectual property right (including, without limitation, trade marks, copyright, or rights relating to domain names), nor allow others to do so.
7. Use Of Usenet News Facilities.
7.1 Users may have access through ECI's Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages, Usenet, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines and agreements. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies;
7.2 Usenet facilities should be used only in accordance with relevant Usenet group rules;
7.3 Binaries should only be posted to binary Usenet groups;
7.4 Commercial or advertising messages should not be posted to multiple news groups.
8. System and Network Security. If a Client or User is issued a system password, Client is responsible for keeping it confidential, for changing it from time to time, and for any use made of Client’s password, whether authorised or unauthorised. Users are prohibited from violating or attempting to violate the security of ECI's Network and Services, including, without limitation:
8.1 accessing data not intended for such User or logging into a server or account which such User is not authorised to access;
8.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
8.3 attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing";
8.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
8.5 taking any action in order to obtain services to which such User is not entitled.
9. Client Familiarisation.
9.1 Clients are expected to make themselves aware of any laws relevant to the service they are providing.
9.2 ECI may, at its sole discretion, modify this Policy from time to time. Client’s continued use of the Services signifies Client’s acceptance of any modifications to this Policy. Please check the Policy from time to time.
10. Violation Of This Acceptable Use Policy. ECI is not obliged to take active steps to monitor Client compliance with this Policy. In the event that ECI becomes aware of a breach of this Policy, ECI may take any or all of the following actions:
10.1 ECI may inform a network administrator of an issue or incident;
10.2 ECI may require help from a Client in resolving a security incident where that Clients system(s) may have been involved;
10.3 ECI may charge the offending party for the time and resources used in dealing with the breach;
10.4 ECI may, without notice, suspend or terminate a network connection or connections;
10.5. ECI does not make any guarantee about the security of data travelling over its networks. While ECI takes every practical step to protect such data it remains the responsibility of the communicating parties to ensure the security and integrity of their data;
10.6 ECI accepts no responsibility for the security of Client systems connected to the ECI network. Such security remains the responsibility of the Client;
10.7 Where a Client feels their security / privacy may have been compromised via a system connected to the ECI network it is entirely the Clients responsibility to seek redress from any third parties. ECI will take all lawful and practicable steps to assist in any such investigation which maybe required, subject to the rights of such third parties;
10.8 ECI Clients accept that ECI cannot control and is not responsible for the content of the Internet. Any concerns regarding the content of systems or networks not located on the ECI network should be directed at the relevant system or network owners and not at ECI;
10.9 ECI is not responsible for any material created or accessible on or through ECI's Networks and Services that is not posted by or at the request of ECI. ECI does not monitor nor exercise any editorial control over such material, but reserves the right to do so to the extent permitted by applicable law. ECI is not responsible for the content of any web sites other than ECI's web sites, including for the content of web sites linked to such ECI's web sites. Links are provided as Internet navigation tools only;
10.10 ECI is not responsible if a Client fails to make themselves properly aware of laws effecting the service(s) they provide; or
10.11 Violations of system or network security may result in civil or criminal liability. ECI will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.
11. Restrictions. In addition to the above, Client may not use the Services for any other inappropriate purpose, including, but not limited to:
- Libelous or slanderous use;
- Uses that violate Intellectual Property rights of any party;
- Export of controlled software;
- Threats of bodily harm or property damage;
- Making of fraudulent offers;
- Deliberate or accidental denial of service to ECI Clients or other parties, including but not limited to disabling or crippling of computer and or routing systems through “hacking”;
- Excessive e-mail or Usenet News postings impeding operation of the system, mail list, or newsgroup;
- Misappropriation of service from ECI Clients or other parties, including but not limited to mail relaying via third party systems without specific authorization or any other use without explicit authorization of any Internet services belonging to others;
- Broadcast transmission of unsolicited messages, including but not limited to, the deliberate transmission of bulk unsolicited e‑mail, commercial or otherwise, sometimes called 'spam';
- Use of unsolicited e‑mail messages sent via other networks advertising content on ECI’s network;
- Use of e-mail address collection software or lists causing users to receive e-mail without their consent;
- Transmission or relaying of e‑mail messages with hidden, spoofed or misleading header information;
- Use of domains not properly delegated for use, including use of others' domains or spoofing;
- Transmission of forged or spoofed data;
- Transmission of virus software with the intention of damaging recipient systems;
- Interference with public postings by others;
- Interference with the appropriate operation of Usenet newsgroups or Internet mailing lists, public and private, including, but not limited to, bulk inappropriate or off-topic postings; or
- Deliberate or accidental disruption of the operation of the ECI network or any other network.
Suspension or termination of service for inappropriate use does not relieve the Client of obligation of payment for services rendered up to the time of suspension or termination, or for the damages resulting from such termination.