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Khoo Systems Limited Acceptable Use Policy (AUP)

Version One - Friday, 01 August 2003

Contents

Section 1 Statement of AUP policy terms
Section 2 Fair Trade Notice
Section 3 Use of networks and the Internet services
Section 4 Email
Section 5 Web usage
Section 6 Investigation of abuse of Khoo Systems Limited services
Section 7 Termination, damages, access to data and related matters
Section 8 Definitions


Section 1: Statement of AUP policy terms

Khoo Systems Limited (KSL)–

1. Require as a term of

1) The contract between a party contracting with KSL for services (a client) and KSL and

2) KSL allowing both a client and a non-client to use any facilities provided by KSL that all users of its network or services accept and adhere to the KSL’s Acceptable Use Policy.

2. May change this policy to include changes in the law and acceptable practice, and otherwise, in its absolute discretion.

3. Reserves the right to make such changes without prior notice.

4. Will publish its current policy on the KSL web and all users must ensure that they have read, understand and observe the policy on a day-to-day basis. If in doubt, users must check daily for any changes.

5. Will, in the case of any failure to observe the terms of this policy, terminate the service to the user (which terms shall include a client with who KSL is in a contractual relationship) for failing to observe the terms of the policy, such termination to be at KSL’s option, without notice.


Section 2: Fair Trade Notice

1. KSL believes that its relationship with its clients, its partners and other network providers depends on responsible conduct from parties with whom it maintains a relationship and from all users of KSL facilities.

2. KSL will protect itself, it clients, it users and other networks with which it is associated if there is any breach of this policy or any other form of abuse found to be occurring.


Section 3: Use of networks and the Internet services (including email, web and all other services)

The User –

1. Must not use the service for the transmission of illegal material.

2. Must not send or receive any materials that is or may be deemed to be offensive, abusive, indecent, hard-core or paedophile pornography, defamatory, obscene, menacing or otherwise unacceptable to the general public, or any material prohibited by statute or regulation.

3. Agrees to refrain from sending or receiving any material that is or may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights.

4. Agrees that if in doubt as to whether anything infringes this policy it will cease that usage and, should it wish to consider proceeding, will refer the matter to KSL who will issue a written decision on the matter of doubt.

5. Should be aware that the storage, distribution of transmission of illegal materials may lead to investigation and possible prosecution and to KSL terminating, without notice, access to LSL facilities.

6. Must not gain or attempt to gain unauthorised access to any computer systems for any purpose. In addition to being a breach of this policy, such action may lead to criminal prosecution.

7. Must not send data to the Internet using forged or misleading addresses or other identification processes.

8. Must, in sending data to the Internet, clearly identify the true identity of the user and sender, and where other processes of identification are incorporated, to acutely and fairly disclose that data.

9. Must not send data that is deliberately designed to adversely affect remote machines (including but not limited to denial of service, ping storm, Trojans, worms and viruses).

10. Must ensure that local computers and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited commercial or bulk email (commonly referred to as ‘Spam’ or ‘UCE’) including hosting or allowing the hosting of sites or information that are advertised (‘spamvertised’) by UCE from a third party network or supplier.

11. Is prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission in writing for this to be done.

12. Must not divulge network passwords to third parties and should take all reasonable steps to ensure that such information remains confidential.

13. Must not transmit any messages over the network (including but not limited to viruses) which cause or are likely to cause detriment or harm to computer systems, networks or otherwise, owned, used or licensed by KSL or other internet users


Section 4: Email

1. All emails must be in a form and content that would be reasonably acceptable to the general public and do not breach any statute or regulation.

2. Emails that may be regarded as abuse by the online community are forbidden and the sending of them will lead to immediate termination of the user’s access to KSL’s facilities.

3. In particular, users must not –

1. Send emails that might cause annoyance, inconvenience or anxiety to a recipient.

2. Send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful

3. Use mail services or network to send email to any user who does not reasonable wish to receive it.

4. Use mail services or network to send unsolicited commercial or other email (commonly known as ‘Spam’ or ‘UCE’) in bulk or individually.

5. Use mail services or network with intent to deprive others of service (‘mail bomb’)

6. Use false or misleading mail headers or alter the headers of mail messages in such a way as to conceal or attempt to conceal, the identity of the sender.

7. Use any email address that the user is not authorised to use.

8. Ensure that any email servers connected to the KSL network and operated by the user are not configured to allow ‘open relay’.


Section 5: Web usage Notice

1. Web usage includes the use of web space provided with client accounts, web hosting on KSL servers and the use of web services and space on customer collocated servers.

2. KSL cannot and does not proactively monitor content on any web space maintained by client (whether client space, web hosted or collocated services) and cannot and does not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.

Users undertake –

1. Sole responsibility for the content of web pages owned and or operated by the user – whether on client pages, web hosted space or collocated servers - within the KSL domain or other domains hosted within the network.

2. Sole responsibility to ensure that all materials on any web site owned or operated by the user contains material that the user has created or has permission to use.

3. Undertakes sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with the site or service.

4. Not use any website or web service to promote or distribute any material or content that is illegal in any jurisdiction from which the website can be accessed or unacceptable to the general public in any location world-wide from which the website can be accessed, such restriction to relate to such material, jurisdiction and location on a day to day basis.

5. Not to host or allow the hosting of sites or information advertised (‘spamvertised’) by UCE, including UCE from third party network(s) or supplier(s).


Section 6: Investigation of abuse of Khoo Systems Limited services KSL will –

1. Investigate suspected or potential abuse of this Acceptable Use Policy.

2. Carry out investigation that will include gathering information from all sources both on KSL servers and elsewhere including interviewing personnel.

3. Terminate the users use of KSL facilities during such investigations if KSL, in its absolute discretion, considers it reasonable so to do.

4. Remove materials from servers without notice where, in the absolute discretion of KSL, the material should be so removed so as to comply with KSL’s current AUP.

5. Take action as required by any regulatory requirements, regulatory authority or other legitimate authority and will fully cooperate with such requirement or authority. Gathering, recording, copying and sharing information with third parties. Where required by legislation or in the absolute discretion of KSL where KSL considers it advisable so to do, KSL will –

1. Access, read, consider, store, copy or otherwise deal in any data stored within or transmitted through KSL facilities. Data includes all data, no matter what its status is.

2. Gather information on, and store, details of users activities in using the KSL facilities and elsewhere.

3. Disclose and copy such data (that is in respect of both 1 and 2 above) to any third party who has a legitimate interest in the data, investigation or outcome.


Section 7: Termination, Damages, Access to Data and related matters

Termination through breaches of current AUP or otherwise.

1. Breach of the KSL AUP will result in KSL terminating immediately and without notice the use of the facilities to the user.

2. A requirement by a legitimate authority to terminate the services provided to a user will result in termination of the availability of KSL services to that user.

3. Restoration of the use of facilities, which will be in KSL’s sole discretion, will only be considered on receipt of a written assurance of future compliance with this Policy and on payment of an administrative charge for restoration of service.

Termination and damages

1. Termination by KSL under the terms of this policy document shall not be deemed a breach of contract on KSL’s part and shall not entitle a client or user to any return of fees or other monitory payment resulting from such termination, or damages or other relief.

2. The rights of KSL to claim damages, or other remedies, for any breach of contract on the part of the client, or to claim damages, or other remedies, for breach of the AUP by the user, will not be affected by such termination.

3. The user shall indemnify KSL for any damages suffered by KSL arising directly or indirectly from the users breach of this policy.


Section 8 Definitions

User means –

1) clients and

2) non-clients who use KSL facilities.

Client means a legal entity that is in a contractual relationship with KSL for the provision of services by KSL or its associates, subcontractors and successors. KSL means Khoo Systems Limited and its successors and assignees.

End


The above AUP does not include sections to deal with news, news groups, chat room and other like services. This can be added if KSL provide such services.

© 2004 Khoo Systems Limited - All rights reserved.
No part of this document may be used without the permission of Khoo Systems Limited