Introduction

ProserveUK has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that ProserveUK comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.

It is the responsibility of all customers of the ProserveUK 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 ProserveUK. 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, ProserveUK reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

General

The information contained within the document is to define an Acceptable Use Policy for Customers whom use ProserveUK Services. By utilising ProserveUK Services the Customer acknowledges that it has read, understood and agreed to all the information contained within this document (and referred documentation) including ProserveUK Standard Terms and Conditions.

The Customer acknowledges that they are responsible for all actions with their account and Services provided by ProserveUK. Whilst it is not the intention of ProserveUK to monitor, control or otherwise effect any Services or content of on-line communications, ProserveUK reserve the right to edit, remove or otherwise deal with content that in their sole discretion are or may be in breach of this policy or otherwise harmful or offensive, regardless of the standard or subject matter.

This policy is designed to assist in the protection and preservation of Services to the Customer and other ProserveUK customers and other Internet users from improper and/or illegally related activity.

Irresponsible usage

Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. ProserveUK deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail ("spamming"), attempting to breach the security of a 3rd party machine, and flooding Usenet by placing a single post in a large number of newsgroups.

In the event that a customer's services are used for any purpose that ProserveUK deem irresponsible then ProserveUK reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, ProserveUK reserve the right to terminate the customer's account with immediate effect. Wherever possible the customer will be notified in advance of any termination.

Network Security

Login names and passwords must be kept secret and not be communicated to any third party. ProserveUK must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed.

The Customer either directly or through the assistance of others will not use any hardware or software on ProserveUK network to circumvent user authentication of any host, network or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account that the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy, statute or otherwise.

The Customer either directly or through the assistance of others may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, Flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.

The Customer either directly or through the assistance of others may not attempt to or compile, distribute or otherwise transmit any electronic communications using a name and address other than themselves for the purposes of deception or to conceal their identity. Any attempt to impersonate another party by altering a source IP address information or by forging headers or similar information is prohibited.

Customers are responsible for all traffic that is sent from their server. It is therefore the customer's responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.

ProserveUK has the right, but not the obligation to monitor any Services provided to the Customer. If the Customer fails to adhere to their obligations herein, ProserveUK reserves the right to suspend the account with immediate effect. The Customer agrees to assist ProserveUK with any investigation of a Customer account not in use with accordance of this Agreement, at its own expense. In the event the Customer fails to assist ProserveUK in its investigation and provide any satisfactory responses or required action or undertakings which in ProserveUK sole discretion may be required, the Customer may incur criminal and/or civil liability for which ProserveUK take no responsibility. The Customer agrees to indemnify ProserveUK against all costs incurred as a result of such investigations and subsequent action, howsoever and whensoever incurring.

If ProserveUK find malicious traffic emanating from a customer site, ProserveUK have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. ProserveUK understand that in many cases a customer may not be responsible for or aware of the problem, and therefore ProserveUK will work with the customer to resolve the issue as efficiently as possible to restore normal service.

Account Usage

The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.

Our acceptable use policy ("AUP") is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

The Customer specifically agrees to the following conditions regarding the use of the account:

Not to permit any such tool or scripting that allows shell access to any Server or Services provided under this Agreement without the express written permission of ProserveUK.

Not to implement any such tool that allows or may allow anonymous use to a Customer Website as a web proxy. The Customer is responsible for all actions associated with the use of the Services and their account howsoever occurring.

Not to implement any such tool that allows any IRC functionality, which includes but is not limited to IRC bouncers, bots and servers.

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. Where mass mailings are sent (considered as one batch of email numbering 100 or greater), the total size of the mailing should be equal to or less than one quarter of the monthly bandwidth allocation provided to the account used to send email. The frequency of mass mailings where permitted should not exceed once per week per hosting account.

ProserveUK reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer's responsibility to ensure that mail is regularly collected and removed from Proserveuk's POP3 server. ProserveUK 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, ProserveUK reserve the right to remove older mails from the mailbox to reduce its size.

Customers may not have 'open mail relays'. ProserveUK will close the relay or connection of any customer found with an open mail relay.

When using a quota-based service, it is the customer's responsibility to remain within their usage quota. ProserveUK reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.

The customer has sole responsibility for ensuring that any data is suitably backed-up. ProserveUK will not keep backups of customer websites. ProserveUK will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.

Illegality
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.

Undesirable Content
Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space; any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Spam

ProserveUK has zero tolerance for spam originating from Customers, or for spam advertising websites of any customer accounts and services held with ProserveUK. If ProserveUK receives any complaint about such spam and any investigation shows abuse of any account held with ProserveUK all related Services to the Customer would be suspended with immediate effect. The Customer is required to assist with any investigation.

Viruses

The Customer warrants that it shall not intentionally transmit files containing a computer virus or corrupted data.

Privacy

The Customer hereby acknowledges that the Internet is open and an insecure means of communications. Any data or information stored or transmitted may be susceptible to interception, modification, destruction or loss. ProserveUK make no guarantee and assume no liability for the security, integrity, confidentiality or any data or information transmitted via the Services, including those deemed "Secure".

Investigations

ProserveUK will cooperate fully with any investigations (civil and/or criminal) as may be required from time to time.

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trademarks. Customers are reminded that sharing copyright material through the use of peer-to-peer software may consequently constitute a criminal offence if done without permission of the right owner in question. ProserveUK will co-operate with any agency or rights holder wishing to assert their rights in these matters and ProserveUK reserve the right to withdraw service under such circumstances.

The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.

Under the Electronic Commerce (EC Directive) Regulations 2002, ProserveUK is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.

Compliance with foreign law

The Internet is global in reach. Consequently it is possible for anyone using the Internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.