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This User Policy sets out how the Services may be used and any
restrictions on the Customer's use of the Services. Many of the
guidelines will be obvious, however, they are set out here so that
there can be no confusion or doubt over what is or is not acceptable.
The Customer should check this User Policy regularly as ntl may
change it to take on board new issues that may arise in connection
with the Customer's use of the Services or the way in which ntl
provides the Services. The most up to date version of the User Policy
will apply to the Customer's use of the Services.
As a general principle, the Customer must not use the Services
in any way that is unlawful or illegal or in a way that affects
the enjoyment of other users of the Services.
Nobody may use the Services, either directly or indirectly:
(a) to transmit, publish, link to, make available or receive any
material which is defamatory, offensive, abusive, obscene, indecent,
racist, harmful, threatening or menacing; or
(b) in a way that will be a breach of any person's rights, including
a breach of confidence, copyright, privacy or any other rights;
or
(c) in breach of any instructions ntl has given the Customer under
the Agreement; or
(d) in a way that is associated with a criminal offence; or
(e) in a way that does not conform with the acceptable use policies
of any connected networks, the standards of the Advertising Standards
Authority, professional publishing standards or any Internet standards;
or
(f) to infringe by the use of any domain name, mail box name or
otherwise upon the rights of any other person in a trade mark or
name whether in statute or common law; or
(g) to send email or any other type of electronic message with
the intention or result of affecting the performance or functionality
of any computer facilities.
It is a well-known fact that the Internet contains material that
is inappropriate for minors and may cause offence to others. ntl
does not monitor material or information available on the Internet
nor does it restrict access to any such material or information
unless required to do so by a competent authority. ntl will however
refer any complaints to the Internet Watch Foundation for further
investigation.
Nobody may use the Service, either directly or indirectly:
(a) to threaten, harass or cause distress, annoyance or discomfort
to any other person or entity;
(b) to intentionally disrupt or adversely affect any other person
or entity's access to or use of the Internet or any features which
form part of the Internet;
(c) to transmit or cause to be transmitted any advertising, promotional
or other materials that are unsolicited;
(d) to transmit or cause to be transmitted mail bombs, chain letters
or pyramid schemes;
(e) to hack or attempt to hack into any system;
(f) to insert or knowingly or recklessly transmit or distribute
a virus.
Before completing any forms or passing personal details on to
anyone via the Internet the Customer should be certain about who
is receiving those details and if the Customer do not wish them
to sell its personal details to third parties, the Customer should
check the opt out boxes.
Details of the UK Data Protection law and registration requirements
can be found at http://www.open.gov.uk/dpr/dprhome.htm.
Nobody may use the Services, either directly or indirectly:
(a) in breach of the provisions of the data protection legislation
or any directions issued by the Data Protection Commissioner;
(b) to collect names and personal details of other users of the
Services;
(c) to transmit, publish, link to, make available or cause to
be transmitted any material designed to obtain passwords, account
information or other information from other users of the Services.
The Customer must not request registration of domain names which
the Customer does not intend to use itself or which the Customer
intends to sell or make available to third parties. This is illegal
and the Customer may face legal action from the legitimate owners
of the names as well as termination of the Services.
As and when requested by ntl or the relevant domain registry,
the Customer shall confirm that it is the owner of, or has been
duly authorised by the owner to use, any trade mark or name requested
by or allocated to the Customer as a domain name or mail box name
and to provide documentary evidence of the Customer's rights in
the name.
At the request of ntl or the relevant domain registry, the Customer
may be required to select a replacement name.
This section applies where ntl provides the Customer with webspace
as part of the Services.
The Customer is responsible for the content of the Customer's
website which must comply with this User Policy. The Customer must
obtain all necessary rights and clearances for the inclusion and
publication of anyone else's work on the Customer's website. (See
paragraph 9 below for more information.)
The Customer must keep its own back-up copies of any data and
files. ntl does not keep back-up copies of the Customer's pages
and will not be liable for any loss of the Customer's data or files.
The Customer must ensure that no adult material is displayed or
linked before a clear warning has been given and the user has had
the opportunity to decline to view such material.
ntl may remove any material from the Customer's website if it
becomes aware that such material breaches this User Policy.
If the Customer's website generates abnormally high hit levels,
ntl may at its discretion move it and/or restrict access to it and
the Customer shall be liable for any additional charges arising
from such action.
On termination of the Agreement for any reason, ntl will delete
the Customer's website from its server without any liability to
the Customer.
If the Customer is a routed leased line customer, it must provide
and maintain a mail server which:
(a) is secure; and
(b) does not permit third parties to use such server as a mail
relay; and
(c) is capable of handling mail quantities that suit the Customer's
business.
Mail servers in breach of any of the above may be blacklisted
by the independent authority, ORBS, and the IP address blocked by
ntl until such time the mail server complies with the above.
The Customer must not use ntl's mail servers as forward relays
from its own internal mail systems.
Any images, photographs, articles, pages, designs, drawings, software,
music, information and other materials published on the Internet
and the Services are protected by copyright. Publishing material
on the Internet and on the Services does not mean it is available
for anyone to copy. Unless the owner of that copyright specifically
states that the Customer may copy the work, the Customer should
assume that the Customer cannot.
It is an infringement of copyright to copy, reproduce, adapt,
translate, broadcast or perform copyright protected material without
permission, to make infringing copies available to the public or
otherwise to knowingly deal in infringing copies.
The Services must not be used, directly or indirectly, to transmit,
publish, link to or otherwise make available any confidential information
or trade secrets of any person or entity.
Nobody may use the Services, either directly or indirectly to
impersonate any person, entity or a minor or to commit or attempt
to commit any fraud.
In using the Services, the Customer must not:
(a) use a false name or a name the Customer is not entitled to
use;
or
(b) include any information in its use of the
Services which, in ntl's reasonable opinion, may be hoax, false or
misleading.
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