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user policy

1. Introduction

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.

2. General use

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.

3. Content

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.

4. Unacceptable behaviour

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.

5. Data protection and privacy

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.

6. Domain names

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.

7. Websites

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.

8. Relaying mail

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.

9. Copyright and third party rights

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.

10. Fraud

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;


(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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