| UCVHost Acceptable
Use Policy This is the
UCVHost Acceptable Use Policy ("AUP").
It applies to you ("you") if you
have obtained certain services offered
from time to time on the UCVHost
websites, as further specified in
the terms and conditions for the
relevant service (collectively referred
to as the "Services")
Please read it carefully as it
is a condition of the supply of
the Services to you that you agree
to this AUP.
1. Terms and Amendment
Procedure
| 1.1 |
We may vary this AUP at
any time by general notice
on a page of the internet
referred to on our website.
Changes to the AUP will become
effective upon publication
of the notice. |
| 1.2 |
If you use any Service after
publication of any change
to the AUP accordance with
clause 1.1, your use will
constitute acceptance of the
amended terms. |
| 1.3 |
Any reference in this AUP
to UCVHost's "Supplier" is
a reference to any third party
service provider of UCVHost
(a "Supplier"), if and to
the extent a Supplier is supplying
the Services to you on behalf
of UCVHost. |
2. Purpose of AUP
The purpose of the AUP is to provide
a set of principles, rules and guidelines
for the use of information obtained
by you from the Internet. The Internet
provides you with the means of acquiring
and disseminating a wealth of public,
private, commercial, and non-commercial
information. UCVHost respects that
the Internet provides a forum for
free and open discussion and dissemination
of information. However, when there
are competing interests at issue,
UCVHost reserves the right to take
certain preventative or corrective
actions as set out below.
3. Your Responsibility
for Others
| 3.1 |
You agree that you are at
all times responsible for
the use of your account. You
also agree that you are at
all times responsible for
ensuring that anyone who accesses
your account (for whatever
reason, and regardless of
how your account is accessed)
is aware of this AUP and complies
with this AUP. |
| 3.2 |
If you are a provider of
Internet services, you agree
to comply fully with all applicable
laws concerning the privacy
of on-line communications
and the provision of Internet
services. Any failure by you
to comply with those laws
will constitute a breach of
this AUP. |
| 3.3 |
If you are a provider of
Internet services, UCVHost
does not require you to monitor
or censor transmissions or
websitess created by your
customers. Notwithstanding
the preceding, you acknowledge
that information reaching
the facilities of UCVHost
or its Supplier may have originated
from a customer of yours,
or from another third-party.
As a consequence, you agree
that UCVHost or its Supplier,
respectively, has the right
to directly take action against
a customer of yours, or, against
you directly because of any
activity of a customer of
yours, even though the action
may affect other customers
of yours. |
| 3.4 |
Finally, if you are a provider
of Internet services, you
agree to co-operate with UCVHost
and/or its Supplier in any
corrective or preventive action
that either UCVHost or its
Supplier, respectively, deems
necessary. Failure to cooperate
with such corrective or preventive
measures is a breach of this
AUP. |
4. Monitoring of information
| 4.1 |
You agree that UCVHost cannot,
nor does it monitor, verify,
warrant, or vouch for the
accuracy and quality of the
information that you may acquire
over the Internet, or, review,
edit, censor, or take responsibility
for any information you may
create. |
| 4.2 |
As a result of clause 4.1,
you agree that:
| 4.2.1 |
you must exercise
your own best judgment
in relying on information
obtained from the
Internet; |
| 4.2.2 |
when you place information
on the Internet, you
have the same liability
as other authors for
copyright infringement,
defamation, and other
harmful speech; and |
| 4.2.3 |
neither UCVHost
nor its Supplier accept
any responsibility
and shall not be liable
to you for any loss
or damage that you
may suffer that results
from inaccurate, unsuitable,
offensive, or illegal
Internet communications. |
|
| 4.3 |
Notwithstanding clauses
4.1, you acknowledge that
UCVHost or its Supplier may:
| 4.3.1 |
monitor private
electronic mail messages
sent or received by
you if required to
do so by law, governmental
authority, or when
public safety is at
stake; or |
| 4.3.2 |
monitor its service
electronically to
determine that its
facilities are operating
satisfactorily; |
| 4.3.3 |
monitor the conduct
of your account with
UCVHost as a means
of determining whether
you are complying
with this AUP subject
to the terms of this
AUP and the Privacy
Policy of UCVHost. |
|
5. Non-Acceptable Use of
Services -Prohibited Activities
You agree that you shall be responsible
for ensuring that neither you, nor
any other person or party whom you
permit to use the Services either
undertakes, or attempts to undertake,
any of the following prohibited
activities ("Prohibited Activities"):
Spamming - This
means sending unsolicited bulk and/or
commercial electronic messages over
the Internet ("spam" or "spamming"),
providing a capability on a websites
(which may include, without limitation,
for the avoidance of doubt, parked
pages and online cards) hosted by
UCVHost or its Supplier (as the
context requires) that permits third
parties to spam from the server
of UCVHost or its Supplier (as the
context requires), or, maintaining
an open SMTP relay. These activities
are not only harmful because of
their negative impact on consumer
attitudes toward UCVHost and/or
its Supplier, but they can also
overload the network of UCVHost
or its Supplier (as the context
requires) and disrupt service to
other users of the Services. Accordingly,
you agree that when a complaint
is received by either UCVHost or
its Supplier (as the context requires),
UCVHost or its Supplier (as the
context requires), each respectively,
have the discretion to determine
from all of the evidence whether
the email recipients were from an
"opt-in" email list and/or take
any other action permitted by this
AUP.
Intellectual Property and
Privacy Violations - This
means engaging in any activity that
infringes or misappropriates the
intellectual property rights of
others, including copyrights, trademarks,
service marks, trade secrets, software
piracy, and patents held by individuals,
corporations, or other entities.
It may also mean engaging in any
activity that violates privacy,
publicity, or other personal rights
of others. You agree that where
required by law, UCVHost or its
Supplier may remove or block access
to your content. You also agree
that UCVHost or its Supplier may
terminate your privileges if who
commit repeat violations of copyright
laws.
Obscene Speech or Materials
- This means using the network of
UCVHost or its Supplier (as the
context requires) to advertise,
transmit, store, post, display,
or otherwise make available child
pornography, other offensive sexual
content or materials, or, any other
obscene speech or material. You
agree that where required to by
law, UCVHost or its Supplier may
notify law enforcement agencies
when it becomes aware of the presence
of child pornography on or being
transmitted through the network
of UCVHost or its Supplier (as the
context requires) and/or take any
other action permitted by this AUP.
Defamatory or Abusive Language
- This means using the network of
UCVHost or its Supplier (as the
context requires) as a means of
transmitting or posting defamatory,
harassing, abusive, or threatening
language, or, engaging in any form
of electronic "stalking". This also
means illegally storing, or using
or distributing software in order
to do any of the preceding things.
Forging of Headers, Return
Addresses and Internet Protocol
Addresses - This means
any forging, deleting or misrepresenting
message headers, return addresses
or Internet protocol addresses,
whether in whole or in part, to
mask the originator of the message.
Illegal or Unauthorized
Access to Other Computers or Networks
- This means accessing illegally
or without authorisation computers,
accounts, information or communication
devices or resources or networks
belonging to UCVHost, its Supplier
or any other party, or, attempting
to penetrate security measures of
another individual's system (often
known as "hacking"). This also includes
any activity that might be used
as a precursor to an attempted system
penetration (for example, port scan,
stealth scan, or other information
gathering activity).
Distribution of Internet
Viruses, Worms, Trojan Horses, or
Other Destructive Activities
- This means distributing information
regarding the creation of and sending
Internet viruses, worms, Trojan
horses, pinging, flooding, mail-bombing,
or denial of service attacks. This
also includes any activities that
disrupt the use of or interfere
with the ability of others to effectively
use the network or any connected
network, system, service, or equipment.
Facilitating a Violation
of this AUP - This means
advertising, transmitting, or otherwise
making available any software, program,
product, or service that is designed
to violate this AUP (including,
without limitation, by the provision
of software that "harvests" electronic
addresses from the Internet). It
also includes the facilitation of
the means to spam, initiation of
pinging, flooding, mail-bombing,
denial of service attacks, and piracy
of software.
Export Control Violations
- If you are located in the United
States, this means exporting encryption
software over the Internet or otherwise,
to points outside the United States.
Usenet Groups
- This means that the content of
any Usenet Group must not violate
this AUP. You agree that UCVHost
or its Supplier may at any time
determine not to accept postings
from newsgroups where either of
us have actual knowledge that the
content of the newsgroup violates
the AUP.
Other Illegal Activities
- This means engaging in activities
that are illegal, including, without
limitation, advertising, transmitting,
or otherwise making available ponzi
schemes, pyramid schemes, fraudulently
charging credit cards, engaging
in misleading or deceptive online
marketing practices and pirating
software.
Other Activities
- Engaging in activities, whether
lawful or unlawful, that UCVHost
or its Supplier respectively, may
determine to be harmful to the subscribers,
operations, reputation, goodwill,
or customer relations of either
UCVHost or its Supplier.
6. Our Rights where you
Engage in Prohibited or Harmful
Activities
| 6.1 |
In addition to any other
rights in clause 5, if you
engage in any Prohibited Activity,
or, if UCVHost or its Supplier
become aware that you are
otherwise engaging in any
harmful activities, or, you
otherwise breach or violate
any of the terms of this AUP,
you agree that UCVHost or
its Supplier may take any
action to stop the Prohibited
Activity, harmful activity,
violation or breach of this
AUP, including but not limited
to:
| 6.1.1 |
removing any or
all information, content,
material software
or other content stored
in the facilities,
network or systems
of UCVHost or its
Supplier; |
| 6.1.2 |
shutting down a
websites (which may
include, without limitation,
for the avoidance
of doubt, parked pages
and online cards); |
| 6.1.3 |
implementing screening
software designed
to block offending
transmissions; |
| 6.1.4 |
denying access to
the Internet; |
| 6.1.5 |
suspending your
access to the Services; |
| 6.1.6 |
terminating your
account with UCVHost
without notice to
you; or |
| 6.1.7 |
take any other action
it deems appropriate. |
|
| 6.2 |
UCVHost may provide you
with notice that UCVHost or
its Supplier intends to take
any action under clause 6.1,
but is not obliged to do so. |
7. Security of Information
on the Internet
UCVHost is concerned with the privacy
of on-line communications and websitess
(which may include, without limitation,
for the avoidance of doubt, parked
pages and online cards). However,
you acknowledge that UCVHost cannot
warrant or guarantee that any online
communication will be secure. Accordingly,
you agree that neither UCVHost nor
its Supplier take any responsibility
for the security of information
transmitted over the facilities
of UCVHost or its Supplier (as the
context requires). You further agree
that neither UCVHost or its Supplier
accepts any liability for any injury
to you (whether monetary or otherwise)
as a result of any information transmitted
over the facilities of UCVHost or
its Supplier.
8. Disclosure of Information
| 8.1 |
You agree that UCVHost or
its Supplier may disclose
information, including but
not limited to, information
concerning you, a transmission
made using the network of
UCVHost or its Supplier Supplier
(as the context requires),
or a websites (which may include,
without limitation, for the
avoidance of doubt, parked
pages and online cards), in
order to comply with a court
order, subpoena, summons,
discovery request, warrant,
statute, regulation, or governmental
request. |
| 8.2 |
You further agree that neither
UCVHost nor its Supplier assumes
any obligation to inform you
that your information has
been provided and in some
cases, such notice may be
prohibited by law. |
| 8.3 |
You also agree that UCVHost
or its Supplier may disclose
your information or information
transmitted over the network
of UCVHost or its Supplier
(as the context requires)
where necessary to protect
UCVHost and/or its Supplier
and others from harm, or where
such disclosure is necessary
to the proper operation of
the system. |
9. Liability and Indemnity
| 10.1 |
You agree that UCVHost shall
have no liability to you with
respect to this AUP or any
action taken, or inaction,
by UCVHost or its Supplier
in connection with this AUP
(including, without limitation,
in relation to any violation
of this AUP. |
| 10.2 |
You acknowledge and agree
that you are required to indemnify
UCVHost, its Supplier and
all directors, officers, employees
and agents of UCVHost and
its Supplier in relation to
this AUP in accordance with
the terms of the Indemnity
contained in the Terms and
Conditions for the relevant
Services that you have obtained
from UCVHost. |
|