This Acceptable Use Policy (“AUP”) sets out how the Service(s) (which include any voice or broadband services that you have ordered or use) provided by imagine may be used and any restrictions on the use of the Service(s). imagine may revise this Acceptable Use Policy (“AUP”) from time to time without notice by posting a new version of this document on the imagine web site at http://imaginecoms.wpengine.com. Accordingly, you should consult this document regularly to ensure that their activities conform to the most recent version. Questions regarding this AUP and complaints of violations of this AUP can be directed to firstname.lastname@example.org. This AUP forms an integral part of the Terms and Conditions for the Service(s).
1. Prohibited Activities
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others.
When you obtain information through the Internet, you must keep in mind that imagine cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers acquire. For this reason, you must exercise your best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet can be sexually explicit or otherwise offensive. Because imagine cannot monitor or censor the Internet, and will not attempt to do so, imagine cannot accept any responsibility for injury to you that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When you disseminate information through the Internet, you also must keep in mind that imagine does not review, edit, censor, or take responsibility for any information you create. When you place information on the Internet, you have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information you create is carried over imagine’s network and may reach a large number of people, including both subscribers and non-subscribers of imagine, your postings to the Internet may affect other subscribers and may harm imagine’s goodwill, business reputation, and operations. For these reasons, you violate imagine policy and the service agreement of you, your customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet is prohibited. It is not only harmful because of its negative impact on subscribers’ attitudes toward imagine, but also imagine specifically requires that, unless expressly approved by imagine in writing: * subscribers will not use the Service to send the same or substantially similar unsolicited message to 10 or more recipients or 10 or more usenet news groups in a single week; * subscribers will not use any Internet services not provided by imagine to send more than 10 unsolicited messages to individuals or newsgroups in one week to advertise a web site, email address or other service provided to you by imagine; * subscribers will not maintain an open SMTP relay.
Intellectual Property Violations
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 is prohibited. Engaging in activity that violates privacy, publicity, or other personal rights of others is also prohibited. For the avoidance of doubt, you should assume that all material which is published on the Internet is not available to copy unless otherwise explicitly stated by the copyright owner. In the event of a dispute as to whether materials posted, transmitted, re-transmitted or stored by a customer are in contravention of this section, the decision of imagine shall be final.
Obscene Speech or Materials
Using imagine’s network to transmit, store, or otherwise make available child pornography or obscene speech or material is prohibited. imagine is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through imagine’s network.
Defamatory or Abusive Language
Using imagine’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.
Forging of Headers
You may not forge any part of the header of any electronic transmission originating within or passing through the imagine network.
Illegal or Unauthorised Access to Other Computers, Accounts or Networks
Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking or cracking”) is prohibited. Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is prohibited.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Also, 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 Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to Spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising or making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Engaging in activities, whether lawful or unlawful, that imagine determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
2. Access Services
This section applies to any Internet Access Service, whether Dialup, Private Leased Line, WiMAX, wireless broadband or DSL Broadband circuit based.
Who may use the Service
You (and members of your household in the case of a Domestic Access account) are the only Authorised Users of the Service. You must not permit anyone else to use your Account, and you may not disclose any security information such as a password to anyone. You are solely responsible for ensuring the confidentiality of all such security information. You are liable for all charges incurred for use of your account. However, you will not be held liable if you advise imagine within 24 hours of discovering unauthorised use of your account, provided said use is not due to the failure of an authorised user to exercise reasonable care over the confidentiality of security information.
Transfer or assignment of Accounts
imagine access accounts cannot be transferred or used by anyone other than you or authorised System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of imagine.
At no time may you use the same account to access the service multiple times.
No system has unlimited resources, and we expect you to act responsibly when consuming resources on our system(s). If you consume excessive resources on our system we may suspend your access at any time without prior notice. Some access services are bound by a monthly allocation or download allowance.. You must comply with all current bandwidth, download, and other allocations on the service established by imagine. Use of Network bandwidth is expected to be reasonable and moderate. You must ensure that your activity does not improperly degrade any other user’s use of the imagine service, nor represent an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict imagine’s ability to deliver the service and monitor the service and/or network.
Fair Use Policy – Broadband
A fair use policy applies to all WiMax Broadband Packages. The WiMax Broadband Service is a shared service and imagine reserves the right to manage the Network to ensure that all users get fair access to the Network. If users make excessive use of their WiMax Broadband Service their service may be restricted or they may be asked to subscribe to an alternative WiMax Broadband Package(s) more suitable to their usage. imagine at it’s sole discretion will define from time to time what constitutes excessive use of the WiMax Service(s) Once Customers exceed this level they will have the option to upgrade their WiMax Broadband Package(s) or their service speed may be restricted by imagine. In the event of the Customer refusing or neglecting to select an alternative WiMax Broadband Package(s), imagine may, upon due notice, terminate the provision of the WiMax Broadband Service to the Customer.
Fair Use Policy – Talk Anytime and Talk Off Peak
A fair use policy applies to all unlimited calling packs which are intended for normal residential use. If you make excessive use of your unlimited call service your service may be restricted or you may be asked to subscribe to an alternative service package. Imagine, in its sole discretion will define what constitutes excessive use of the service from time to time. imagine may at its absolute discretion withdraw the Talk Anytime or Talk Off Peak facility from any Customer whose use of the service, in the opinion of imagine, either risks degradation of service levels to other customers, puts imagine’s Network at risk or where the usage of the Services is inconsistent with normal residential usage or is for purposes that are not reasonably used by residential Customers.
3. imagine Email Services
Any imagine webmail mailbox over 20 Mbytes may, at the absolute discretion of imagine, be compressed and moved to temporary storage, or deleted.
You may not send unsolicited email where the recipient objects to the email, or send mass emails, or emails of excessive size. Some services include the use of a mail account at an imagine domain – for example @imaginecoms.wpengine.com. The following use limits also apply:
Any imagine webmail mailbox which is emptied as a result of all messages being deleted for the above reasons (Message Age or Size), or which has not been logged into for 60 days or more or where the customer has cancelled their imagine ISP subscription will be deleted.
Users should not expect that retaining dormant mail accounts at imagine domains would permit them to maintain a hold on the mail account name. The mail account name used by the user is the property of imagine and is normally released by the user for potential use by other subscribers when the account is no longer required. imagine will reassign the mail account name when the related service is cancelled or suspended, or when the Mailbox is taken out of service for reasons described above. imagine will also reassign the name where a mail account is judged to be ‘inactive’ – e.g.. not normally used to send and receive communications with others. The classification of a mail account as ‘inactive’ is at the sole discretion of imagine.
4. Web Sites
This section applies to any Web Site, files or data hosted on your behalf by imagine. This includes any files, programmes and scripts stored on imagine’ servers and / or Customer Co-Located Servers, whether publicly accessible or not.
Who may use the Service
You may not place data on our servers on behalf of people other than the Authorised Users, except with explicit written permission from imagine, nor may you allow others to place data on our servers using any means of identification provided to you by imagine.
Some services include the availability of commercial web space at an imagine domain – for example users.imagine.ie. The content must be of a commercial nature and be fully available for public use and viewing. The space may not be used for private or personal use and may not be resold lent or used by any third party other than the customer. The classification of a Web site content and/or use is at the sole discretion of imagine. The name used to identify the space remains the property of imagine, and will be released for use by other subscribers in conjunction with the underlying service.
Excessive use or size
Your site may not consume excessive bandwidth, disk space or other system resources. If, at the absolute discretion of imagine, your site is using excessive resources, or in any way affecting any service provided by imagine, you will be required to remove all or some of the files stored on the imagine servers within 7 days of being advised of this.
Your web site may only be used for lawful purposes. The uploading of any material that is in contravention of any law of the Republic of Ireland and the United Kingdom of Great Britain and Northern Ireland, or is contrary to the public morality or decency, is a prohibited activity (see above).
You are solely responsible for keeping backup copies of any material that you upload. imagine takes absolutely no responsibility for files and data stored on the imagine servers. imagine reserves the right, at imagine’ absolute discretion, to remove any Web site or portion thereof that does not comply with this Policy.
Personal Web Space
The above Web Sites acceptable use also applies to Personal Web Space where supplied with a service, usually at an imagine domain, for example email@example.com. The exception is the Content Type heading, where the space is clearly intended for personal use.;
No commercial site may be hosted using free web space provided as part of any account. The classification of a Web site as commercial is at the sole discretion of imagine.
imagine reserves the right, at imagine’s absolute discretion, to remove any personal web space or portion thereof that does not comply with this Policy.
5. Customer Privacy
Privacy is a major concern at imagine. We do not sell our subscribers list, or any of our subscribers information, to outside parties. We are dedicated to preserving the privacy of our customers.
Disclosure of customer information and communications imagine will not otherwise disclose its customers’ personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of imagine, our customers, or others, or where we have a good faith belief that the law requires such disclosure.
Imagine routinely collects transactional information such as traffic patterns, aggregate data regarding general surfing patterns, and other site access information. This information may be shared with vendors and other reputable third parties. The information shared never contains any identifiable personal information of imagine customers. For example, we might share statistics on how many customers accessed a specific web site, how that traffic was routed within our network, and what level of traffic was involved, but we will not specifically disclose who accessed the site. In general we gather this aggregate data in order to monitor the traffic patterns and performance of our network.
Imagine do not routinely monitor the content of customer traffic and also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that we store or transmit for our customers. The circumstances under which imagine will disclose such electronic customer communications are when: * it is necessary in order to provide service to the customer; * it is necessary to protect our legitimate interests and those of our customers; * it is required to cooperate with interception orders, warrants, or other legal process that we determine to be valid and enforceable; * it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by us and appear to pertain to the commission of a crime;
Imagine disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through our facilities by customers or others. imagine will, however, review, delete or block access to communications that may harm imagine, our customers or third parties. The grounds on which we may take such action include, but are not limited to, actual or potential violations of imagine’s Acceptable Use Policy. Customers occasionally wonder how Spammers can get their E-Mail addresses, so if you are receiving unsolicited email and aren’t sure of how the sending party obtained your email address, we have listed below some of the more common methods emailers use to get or guess this information:
* The email address was used as a contact in the registry of a domain name. This is a public record file, and a common place for bulk emailers to find the email addresses of the people in charge of domains. * The email address was used on a web page as the “webmaster” or “support” email address, or either of these accounts forward to your email account. This is also an often-used way to solicit the administrators of a web page. * You signed up for a newsletter or entered in your email address on a web page that requested it. This is a common way for companies to not only send out their own mass emailings, but to gather email addresses to sell to other companies as well. * Your email address was used in “chain letters” or emails exchanged with friends where your message has the potential to be forwarded on to unknown individuals. * The E-Mail address is a generic one, such as firstname.lastname@example.org, and the Spammer simply sent out the spam to all known variations of generic mailboxes. * The spammer does not have your E-Mail address, but your address is set up as a ‘catch-all’ – which means no matter what name was used as the receiver address, the mail will arrive in your account.
6. Compliance with this Acceptable Use Policy
By using the Service, you agree to adhere to the terms of this Acceptable Use Policy. imagine retains the right, but is not obliged to strictly enforce this policy through any means imagine sees fit including through active investigation, litigation and prosecution. imagine may also access and disclose any information (including transactional information) related to your access and use of the Service for any lawful reason, including but not limited to: compliance with legal or statutory obligation. If imagine determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, imagine may, without incurring liability to any user, suspend, restrict, terminate, or take any other appropriate action with regard to your Service without any obligation to refund fees paid and imagine reserves the right to take such actions without notice to you.
R1.0 Nov 3rd 09