AUP
Acceptable Use Policy (AUP) - applies to all
customers. Information correct as of 20 March
2007.
Definitions
"OPTINIUM" means OPTINIUM Ltd, a company registered in England and
Wales under number 4413272.
"AUP" means Acceptable Use Policy (this document).
"SPAM" or "UCE" means Unsolicited Commercial Email.
"Users" means the customer or its employees/agents etc.
Introduction
By using any OPTINIUM service, the customer will be deemed
to have accepted and agreed to the Acceptable Use Policy.
It is the responsibility of all users of the OPTINIUM network and
services to ensure that they comply with the latest edition of the
AUP at any given time.
This AUP may be revised, without notice, at any time, at the sole
discretion of OPTINIUM. Completion of the relevant application
form, or connection to the service for the first time, is deemed to
be an agreement to our Terms and Conditions and this AUP.
In the event of a breach of this policy, OPTINIUM reserve the right
to terminate all or part of any service with immediate effect,
without recompense and delete any files held on our servers.
Email Communication
Users agree to:
- Maintain a current email address in the OPTINIUM database. Failure to notify OPTINIUM of an e-mail change could result in the termination of your OPTINIUM account.
- Ensure that POP3 accounts under their account are checked at a frequency no greater than once every five minutes each. This is to prevent excess wasteful server load/bandwidth usage.
OPTINIUM users agree not to distribute, publish, or send any of the following types of e-mail:
- Unsolicited promotions, advertising or solicitations (commonly referred to as "spam" or "UCE" Unsolicited Commercial Email), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails. Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.
- Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
- Harassing e-mail, whether through language, frequency, or size of messages.
- Chain letters.
- Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
- E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
Users may not run unauthorised mailing lists from, or through
any of our machines, or mail servers.
OPTINIUM will block the mail services of any customer found to be
sending such mail.
In addition, you may not use Optimum's mail server or another Web
site's mail server to relay mail without the express permission of
the account holder or the Web site.
OPTINIUM reserve the right to remove any mail older than 60 days
from the server. It is the customer's responsibility to ensure that
mail is regularly collected and removed from Optimum's POP3 server.
OPTINIUM strongly advise against the use of the POP3 option to keep
mail on the server. If a POP3 mailbox contains an excessive amount
of mail, OPTINIUM reserve the right to delete older mails from the
mailbox to reduce its size.
Web Space/Servers
You will be responsible for the content of your site, including
obtaining the legal permission for any works they include and
ensuring that the contents of these pages do not violate UK law.
OPTINIUM reserve the right, without notice or explanation, to
remove material which does not comply with company policy, such as
material of an adult nature or pirated software.
OPTINIUM reserve the right to suspend any or all of a site, if it
is deemed to be causing excessive load or traffic, is adversely
affecting the performance of other sites on the server, or is being
abused by an external entity. It is the customer's responsibility
to ensure that their scripts aren't vulnerable to these
problems.
The customer agrees not to advertise their Website via unsolicited
commercial e-mail. OPTINIUM reserve the right to suspend a site
which has been advertised in this way.
OPTINIUM do not set hard quotas (a quota is the amount of Web space
you have allocated) on commercial Web space. If you go over quota,
your Website will continue to work, but you will be notified. It is
your responsibility to ensure your quota doesn't exceed your usage
at all times. You may upgrade your quota at any time by contacting
OPTINIUM. If a site is excessively over quota, OPTINIUM reserve the
right to suspend the site.
Subscribers will be held solely responsible for any defamatory,
confidential, secret or other proprietary material made available
via your Homepages site. OPTINIUM reserve the right to suspend any
sites containing such material.
Technical Support will only be provided for uploading, downloading
and viewing pages. No support will be provided for authoring or
page design.
The customer is ultimately responsible for ensuring that their site
is suitably backed-up. OPTINIUM takes backups of the commercial
servers for disaster recovery purposes only and must not be relied
upon.
If the account is suspended for any reason, such as non-payment,
access to the site, both for viewing and uploading, may also be
suspended.
On closing an account, the relevant data on this Web space will be
deleted.
Compliance with UK Law
It is an offence under UK law to transmit, receive or store certain
types of files.
You may not use our services to store or transfer material of an
indecent, offensive or otherwise illegal nature. If you do, you may
be subject to prosecution by the UK authorities under the Computer
Misuse Act 1990.
Security breaches
Any attempt to breach the security of any machine is forbidden.
Attempting to do so will result in immediate account termination
and possible further legal action.
Users may not mount an attack, by whatever means, against our
system, or any other systems.
Users may not run any program that monitors or modifies network
packet data or any program that compromises the privacy of network
traffic.
It should be noted that attempting to breach security may lead to
prosecution under the Computer Misuse Act 1990.
Security and privacy
Login names and passwords must be kept secret and not be
communicated to any third party. OPTINIUM must be notified
immediately if they are compromised. Please keep a note of your
password. If you forget or lose your password, you will need to
contact support to have it changed.
OPTINIUM will not guarantee the security or confidentiality of any
data transmitted over our network. Where security or
confidentiality is required, the customer must provide their own
end-to-end security mechanism.
Non-Specific
Any IP addresses assigned to customers are owned by OPTINIUM or its
agents.
When using quota-based services, it is your responsibility to
remain within your usage quota. OPTINIUM reserve the right to
delete files for over-quota users if disk space is affecting the
normal running of the server.
