Acceptable Use Policy
This is our Acceptable Use Policy (AUP); basically the ground rules of using our Services. We recommend reading this with our terms and conditions.
1. Definitions and Interpretation
1.1 This document is known as the AUP
1.2 The AUP should be read in conjunction with iPages Ltd.’s Terms and Conditions and the definitions that apply to the Terms and Conditions apply to the AUP.
1.3 ‘You’ or ‘The User’ refers to the Client/non-Client who uses facilities provided by iPages Ltd.
2. Statement of Aup Policy Terms
2.1.iPages Ltd require as a term of:
2.1.1. The contract between a Client and iPages Ltd and
2.1.2. iPages Ltd allowing both a Client and a non-Client to use any facilities provided by iPages Ltd that all users of its network or services accept and adhere to this AUP.
2.2. iPages Ltd may change this policy to include changes in the law and acceptable practice, and otherwise, in its absolute discretion.
2.3. iPages Ltd reserves the right to make such changes without prior notice but will notify Clients where possible by email.
2.4. iPages Ltd will publish its current policy on the iPages Ltd Website 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.
2.5. The terms of this AUP will constitute conditions of any contract between iPages Ltd and the Client and a failure to observe any of the terms of this AUP will result in iPages Ltd having the right to terminate any Services provided to the Client, without notice.
3. Fair Trade Notice
3.1 iPages Ltd 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 iPages Ltd facilities
3.2. iPages Ltd 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.
3.3 In the event that iPages Ltd exercises its right to terminate Services under clause 2.5 above no compensation shall be payable to the Client.
4. Use of Networks and the Internet Services (Including Email, Erb and All Other Services)
4.1. You must not use the service for the transmission of illegal material.
4.2. You 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.
4.3. You agree 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.
4.4. You agree 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 iPages Ltd who will issue a written decision on the matter of doubt.
4.5. You should be aware that the storage, distribution of transmission of illegal materials may lead to investigation and possible prosecution and to iPages Ltd terminating, without notice, access to iPages Ltd.’s facilities.
4.6. You 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.
4.7. You must not send data to the Internet using forged or misleading addresses or other identification processes.
4.8. You 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.
4.9. You 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).
4.10. You 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.
4.11. You must not run ‘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.
4.12. You must not divulge network passwords to third parties and should take all reasonable steps to ensure that such information remains confidential.
4.13. You 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 iPages Ltd or other internet users
5.1. 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.
5.2. 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 iPages Ltd.’s facilities.
5.3.You must not send emails to recipients who have not given their consent to receiving emails from you. You must not send an email to a recipient if the recipient’s email address was obtained:
5.3.1. By purchase from a third party;
5.3.2. By rental from a third party;
5.3.3. From Lexis-Nexis, Real Estate MLS databases, Advertising Redbooks, AdBase lists, D&B or Experian;
5.3.4. From a local Chamber of Commerce or local club or organization;
5.3.5. From a LinkedIn connection, including a LinkedIn connection that granted you access to their email address;
5.3.6. From a Facebook account, even if the recipient’s email address was made visible to you; or
5.3.7. By any other method that did not involve the express granting of permission to receive email by the recipient.
5.4 In particular, you must not –
5.4.1. Send emails that might cause annoyance, inconvenience or anxiety to a recipient; or
5.4.2. Send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful; or
5.4.3. Use mail services or network to send email to any user who does not reasonable wish to receive it; or
5.4.4. Use mail services or network to send unsolicited commercial or other email (commonly known as ‘Spam’ or ‘UCE’) in bulk or individually; or
5.4.5. Use mail services or network with intent to deprive others of service (‘mail bomb’); or
5.4.6. 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; or
5.4.7. Use any email address that the user is not authorised to use; or
5.4.8. Allow any email servers connected to the iPages Ltd network and operated by you to be configured to allow ‘open relay’.
6. Web Usage Notice
6.1. Web usage includes the use of web space provided with Client accounts, web hosting on iPages Ltd.’s Servers and the use of web services and space on customer collocated servers.
6.2. iPages Ltd cannot and does not proactively monitor content on any web space maintained by Clients (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.
6.3. You undertake sole responsibility for the content of web pages owned and or operated by you – whether on Client pages, web hosted space or collocated servers - within the iPages Ltd domain or other domains hosted within the network.
6.4. You undertake 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.
6.5. You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with the site or service.
6.6. You undertake 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.
6.7. You undertake 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).
6.8. iPages indicate a 'reasonable' usage of 2GB for most websites and shall vary this at their discretion on a case by case basis. Further information on how to limit your website usage can be found upon request.
7. Investigation of Abuse
7.1. iPages Ltd will investigate suspected or potential abuse of the AUP.
7.2. iPages Ltd will carry out investigation that will include gathering information from all sources both on iPages Ltd Servers and elsewhere including interviewing personnel.
7.3. iPages Ltd will terminate your use of iPages Ltd facilities during such investigations if iPages Ltd, in its absolute discretion, considers it reasonable so to do.
7.4. iPages Ltd will remove materials from iPages Ltd Servers without notice where, in the absolute discretion of iPages Ltd, the material should be so removed so as to comply with iPages Ltd.’s current AUP.
7.5. iPages Ltd will take action as required by any regulatory requirements, regulatory authority or other legitimate authority and will fully cooperate with such requirement or authority including but not limited to gathering, recording, copying and sharing information with third parties. Where required by legislation or in the absolute discretion of iPages Ltd where iPages Ltd considers it advisable so to do, iPages Ltd will –
7.5.1. Access, read, consider, store, copy or otherwise deal in any data stored within or transmitted through iPages Ltd facilities. Data includes all data, no matter what its status is.
7.5.2. Gather information on, and store, details of users activities in using the iPages Ltd facilities and elsewhere.
7.5.3. Disclose and copy such data (that is in respect of both 7.5.1 and 7.5.2 above) to any third party who has a legitimate interest in the data, investigation or outcome.
8. Termination, Damages, Access to Data and Related Matters
8.1. Breach of the iPages Ltd AUP by a Client will give iPages Ltd the right to terminate Services and the use of the facilities immediately and without notice.
8.2. A requirement by a legitimate authority to terminate the Services provided to you will give iPages Ltd the right to terminate Services and the use of the facilities immediately.
8.3. Restoration of the use of facilities and Services, which will be in iPages Ltd.’s sole discretion, will only be considered on receipt of a written assurance of future compliance with this AUP and on payment of a reasonable administrative charge for restoration of service and any costs incurred by iPages Ltd.
8.4.Termination by iPages Ltd under the terms of this policy document shall not be deemed a breach of contract on iPages Ltd.’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.
8.5.The rights of iPages Ltd to claim damages, or other remedies, for any breach of contract or breach of this AUP on the part of the Client, or to claim damages, or other remedies, for breach of the AUP by you, will not be affected by iPages Ltd exercising its right to termination under clause 8.1 or 8.2 above.
8.6. You shall indemnify iPages Ltd for any damages suffered by iPages Ltd arising directly or indirectly from the User’s breach of the AUP.