Acceptable Use Policy
For the Internet to function correctly it is essential
that all of those who connect to it do so in accordance with generally
accepted standards. Connection to the Internet is normally via standard
commercial software however there are there are some configuration issues,
and some matters of simple politeness and common sense which everyone must
take note of.
Bleckfield's relationship with the Internet community is dependent upon
proper behaviour by its customers. Anyone who contravenes the rules so
impacting upon Bleckfield's own equipment or network, or upon the use by
other customers of the Internet, or which damages Bleckfield's standing in
the wider community is not acceptable.
You are required to adhere to these Conditions of Use and Acceptable Use
Policy ("AUP") that we publish from time to time for those
components of the service that you use.
The use of Homepages, E-mail, Usenet news systems and other general Internet
products is normally a matter of common sense and courtesy to others. It is
left to the user's own sense of what is appropriate to guide their behaviour
and as such most will have no problem in conforming to this AUP. Regrettably,
from time to time, some articles are posted which are considered to be
unacceptable by the Internet community. This is usually described by the
generic term of "abuse". This AUP and its day to day application
are based on consideration of both the formal and informal practices of the
Internet community where Bleckfield is but one participant amongst many. It
is not always obvious whether abuse is innocent, inadvertent or intentional.
Regardless of this and to maintain its credibility in the Internet community,
if Bleckfield considers that "abusive" articles have been posted it
is important for the protection of other Internet users that Bleckfield takes
firm action to prevent any recurrence. Such action may include but is not
limited to, a formal warning, suspension of specific services such as Usenet,
e-mail access through Bleckfield's machines, suspension of access to the
Internet, or termination of the customer's account(s). If a suspension of
access is imposed, then at Bleckfield's sole discretion and upon receipt of a
formal written undertaking not to post any further abusive material, the
suspension may be lifted.
Below are some guidelines that Bleckfield requires its customers to follow.
Please note that Bleckfield is not responsible for the content of external
sites that are referenced by this AUP and you must abide by the AUPs and
other terms and conditions imposed by the operators of those networks and
services that you access from Bleckfield's systems.
You must not use your Internet connection for any illegal purpose. Be aware
that some material is illegal to possess or transmit. Unauthorised access to
computer systems can be an offence hence it does not follow that you may access
any computer you come across.
Whilst connected to the Internet, your system must conform to all relevant
IETF (Internet Engineering Task Force) standards a subset of the RFC (Request
for Comments) collection.
You must not send packets onto the Internet, which have forged addresses or
which are deliberately constructed to adversely affect remote machines.
Your machine or network must not be configured in such a way that others can
exploit it to disrupt the Internet. This includes but is not limited to
ensuring that your network cannot be exploited as a "Smurf
Amplifier". For more information about "Smurf" attacks see: http://users.quadrunner.com/chuegen/smurf.cgi
and http://netscan.org
Except with the explicit permission, you may not run "scanning"
software that accesses remote machines.
Bleckfield, at its discretion, may run manual or automatic systems to
determine compliance with this AUP. Customers are deemed to have granted
permission for this limited intrusion onto their networks or machines. Any
decision made by Bleckfield in relation to the services provided,
"Conditions of Use" and AUPs shall be final. These "Conditions
of Use" and all other legal relationships between us shall be governed
by and construed in accordance with English Law, and are subject to the
exclusive jurisdiction of the English courts. If any part of these
"Conditions of Use" or any AUP shall be held to be invalid or unenforceable,
this shall not affect the enforceability of any other provision of these
Conditions of Use or AUPs.
Homepages
Commercial use of your Homepages space is permitted. This
is an explicit exemption to the general Conditions of Use referring to selling
on or sharing use of the service.
The Conditions of Use for Dial-Up accounts (see below) relating to disclosure
of your passwords apply. Specifically your passwords are your responsibility
and must not be disclosed to any third party. You must maintain an index page
called "index.htm" or "index.html" in the root directory
of your Homepages space.
You must accept mail to webmaster@hostname.enta.net as a precondition of
using the Homepages service.
No user defined CGIs are permitted. Support is only available for uploading,
downloading and viewing pages. No support will be given for HTML authoring or
page design.
You will be responsible for retaining copies of your own data. Bleckfield
will not keep backups of your pages. You may, however, download your own
pages by FTP (using your account host name and password) for backup.
Bleckfield accepts no responsibility for loss of data, information in any
form or other matters, whatsoever which result from the use of this service.
Bleckfield accept no responsibility for hit counts being reset or incorrect.
You will be responsible for the content of your Homepages site, including
obtaining the legal permission for any works they include and ensuring that
the contents of these pages do not violate English law. You will be held
responsible for and accept responsibility for any defamatory, confidential,
secret or other proprietary material available via your Homepages site.
You must ensure that your index.htm or index.html file does not contain any
material liable to offend. A clearly readable warning page must be displayed
before any adult material is displayed.
Your homepages site may not be used to distribute or advertise any of the
following:
Software for sending SPAM (bulk emails, excessive news
postings, etc.).
Lists of email addresses except where all the addressees
have given their explicit permission.
Any collection of personal data other than in accordance
with the Data Protection Act and the Data Protection Principles
Advertising directly or indirectly by techniques that would be classified as
abuse if they were carried out from an Bleckfield Account are not acceptable.
This includes, but is not limited to, bulk emailing and excessive news
posting.
Bleckfield shall not be held liable for any loss however occasioned as a
result of the suspension, removal or unavailability of a customer's Homepages
site or material stored within it.
If your account is barred for any reason (e.g. non-payment) access to your
Homepages site may be suspended. When you close your account, your Homepages
site will be deleted.
If you attempt to upload a file that exceeds your available free space the
upload will normally fail. Should this check not operate for any reason,
Bleckfield reserve the right to request that you immediately remove enough
files to bring you below the limit.
Bleckfield reserve the right to remove any material from the Homepages
service at their sole discretion, without prior notice and without
explanation.
Bleckfield reserve the right to suspend any or all of the Homepages service
at any time, without prior notice and without explanation.
By uploading to the Homepages host, you will be deemed to have agreed to and
accepted the terms and conditions of use of the Homepages service.
You must not refer to your pages by any means other than the address
www.hostname.enta.net nor register your web pages anywhere using any form of
URL except in the form beginning http://www.hostname.enta.net/ Specifically,
you must not reference or cause your Homepages to be referenced by an IP
address. Requests made to your Homepages using IP addresses or alternative
names may not work. The IP address that may be allocated to your Homepages
site may be changed or withdrawn at any time without notice. It is intended
to withdraw all IP addresses associated with Homepages as soon as practical.
Email and Usenet
Bleckfield provides email services as part of the package of Internet access
services.
The sending of unsolicited bulk email or any other form of email or Usenet
"abuse" including material that originates on your system and also
third party material passed through it, is not an acceptable policy to
Bleckfield
You must not run an "open mail relay", via a machine which accepts
mail from unauthorised or unknown senders and forwards it onward to a
destination outside of your machine or network. If your machine does relay
mail, on an authorized basis, then record it by means of an appropriate
"received" line. "Anonymous" relay services are
permissible provided that you monitor it in such a way as to detect
unauthorised or excessive use and that such relay traffic is not sent via
Bleckfield's servers i.e. you can only pass email from such a system to
Bleckfield where this is the correct destination for final delivery.
All customers are required to accept email addressed to
"postmaster" at their address (i.e.: postmaster@sample.com for the
hostname "sample.com"). Customers will be deemed to have read any
and all such email. Bleckfield may take action on the basis of this
assumption.
Bleckfield Accounts
These Conditions of Use apply to all Bleckfield Accounts, irrespective of the
country of issue. The use of an Bleckfield Account is taken to be your
agreement to adhere to the current "Conditions of Use" at any given
time. If you breach them, Bleckfield has the right at its sole discretion, to
suspend or terminate your account without notice or refund, to make an
additional charge for the misuse, or to block access to the relevant
component of the service.
Subscription to Bleckfield's service is on an annual basis with automatic
renewal. Bleckfield may offer the concession of paying monthly at the start
of each month of service. Please note that no invoice or receipt will be sent
if the monthly option is taken. All products and services are made as a
single supply; accounts may be suspended or closed if any sum due for a
product or service is unpaid or is in arrears. The service may be cancelled
at any time, however contracts are for a full calendar year, refunds will not
be paid. Except where stated otherwise, notice must be sent in one of the
following ways: by post, by fax, by email via your Bleckfield Account or by
email from elsewhere. Bleckfield will not accept proof of sending as proof
that it has received notice. The customer must ensure that acknowledgement
has been received from Bleckfield.
Only those machines and the specific ports appropriate to the services
provided can be accessed. Any other use of Bleckfield equipment is
unauthorised and is a criminal offence under current UK Law. Bleckfield
reserves the right to suspend or cancel any account at its sole discretion.
The customer must inform Bleckfield of any change of contact details.
Bleckfield may from time to time send notices or other information to the
current address given. Bleckfield will not pass these details to other
companies. Bleckfield will use reasonable endeavours to maintain all its
services.
The customer will not be eligible for any compensation because they cannot
use the service or because of a failure, suspension or withdrawal of all or
part of the service.
Bleckfield may change the service at any time
Regardless of anything else in these Conditions of Use, our liability shall
not exceed the proportionate amount of the customer's subscription.
Bleckfield shall not be liable for any consequential losses suffered.
Bleckfield is not responsible for any use made of Bleckfield's services, for
any charges that are incurred with any third party, nor for any software
running on the customers host, except as documented within a separate written
agreement or AUP.
The customer indemnify Bleckfield against the effects of any misuse or any
claims resulting from that misuse and will keep passwords secret and will not
disclose them to third parties for any purpose. The customer will notify
Bleckfield and change any password that you believe may have been
compromised.
The account will not be used for any illegal purpose.
The customer will not sell on or share use the service, or any part of it,
with any other person except: members of their household at the same address,
employer or employees at the same address, any person permitted in the AUP,
or where specifically agreed with Bleckfield in writing.
Where services are used to reach networks and services not operated by us,
the customer will abide by the AUPs, Terms and Conditions imposed by the
operators of those networks and services.
Domain Usage
The Uniform Domain Name Dispute Resolution Policy (the "Policy")
which has been adopted by the Internet Corporation for Assigned Names and
Numbers ("ICANN"), is incorporated by reference into your
Registration Agreement. It sets forth the terms and conditions in connection
with a dispute between you and any party other than us (the registrar) over
the registration and use of an Internet domain name registered by you. Full
details of the Dispute Policy can be found at http://www.icann.org/udrp/
By applying to register a domain name, or by asking us to maintain or renew a
domain name registration, you hereby represent and warrant to us that:
è the
statements that you made in your Registration Agreement are complete and
accurate; and
è to
your knowledge, the registration of the domain name will not infringe upon or
otherwise violate the rights of any third party; and
è you
are not registering the domain name for an unlawful purpose; and
è you
will not knowingly use the domain name in violation of any applicable laws or
regulations.
è It
is your responsibility to determine whether your domain name registration
infringes or violates someone else's rights.
We will cancel, transfer or otherwise make changes to
domain name registrations under the following circumstances:
è our
receipt of written or appropriate electronic instructions from you or your
authorised agent to take such action;
è our
receipt of an order from a court or arbitral tribunal, in each case of
competent jurisdiction, requiring such action; and/or
è our
receipt of a decision of an Administrative Panel requiring such action in any
administrative proceeding to which you were a party.
è We
may also cancel, transfer or otherwise make changes to a domain name
registration in accordance with the terms of your Registration Agreement or
other legal requirements.
The following set forth the types of disputes for which you are required to
submit to a mandatory administrative proceeding. These proceedings will be
conducted before one of the administrative-dispute-resolution service providers
listed at http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
In the event that a third party (a "complainant") asserts that:
è your
domain name is identical or confusingly similar to a trademark or service
mark in which the complainant has rights; and
è you
have no rights or legitimate interests in respect of the domain name; and
è your
domain name has been registered and is being used in bad faith. The
complainant must prove that each of these three elements are present.
If any of the following are found to be present then it will be deemed
evidence of the registration and use of a domain name in bad faith:
è circumstances
indicating that you have registered or you have acquired the domain name
primarily for the purpose of selling, renting, or otherwise transferring the
domain name registration to the complainant who is the owner of the trademark
or service mark or to a competitor of that complainant, for valuable consideration
in excess of your documented out-of-pocket costs directly related to the
domain name; or
è you
have registered the domain name in order to prevent the owner of the
trademark or service mark from reflecting the mark in a corresponding domain
name, provided that you have engaged in a pattern of such conduct; or
è you
have registered the domain name primarily for the purpose of disrupting the
business of a competitor; or
è by
using the domain name, you have intentionally attempted to attract, for commercial
gain, Internet users to your web site or other on-line location, by creating
a likelihood of confusion with the complainant's mark as to the source,
sponsorship, affiliation, or endorsement of your web site or location or of a
product or service on your web site or location.
The remedies available to a complainant will be limited to
requiring the cancellation of your domain name or the transfer of your domain
name registration to the complainant.
We will not participate in any way in any dispute between you and any party
other than us regarding the registration and use of your domain name. You
shall not name us as a party or otherwise include us in any such proceeding.
In the event that we are named as a party in any such proceeding, we reserve
the right to raise any and all defences deemed appropriate, and to take any
other action necessary to defend ourselves.
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