PrimeTel’s Acceptable Use Policy

     

    Please read the following Acceptable Use Policy (“AUP”) carefully. The AUP together with the Terms and Conditions for the provision of services (“T&C”) and the Fair Use Policy (“FUP”) of Primetel Limited (“PrimeTel”) regulate your access to and usage of PrimeTel’s services.

    Interpretation

    • “Network” means PrimeTel’s network or any other network used by PrimeTel for the provision of the Service.
    • “Service” or “Services” means the access to the Internet or the use of applications which utilize Internet Protocols.
    • “User” means the customer or subscriber of PrimeTel or anyone who uses or has access to the Network or the Service.

    Scope

    The AUP defines and regulates the use of the Service and the User must comply with it following also every specific recommendation PrimeTel may in its discretion make to the User from time to time.

    Illegal Use
    During the use of the Services the User may have access to web pages of specific content or to particular services through them and must be 18 years old as defined by law. The Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade name, trade secret or intellectual property rights or any other right used without proper authorisation and material that is obscene, defamatory, constitutes an illegal threat or violates any law or regulation.

    1.       The Network
    1.1.   The User acknowledges that PrimeTel is unable to exercise control over the content of the information passing over the Network and therefore, is not responsible for the content of any message whether or not the posting was made by a User.
    1.2.    The Network may be used to link into other networks worldwide and the User agrees to conform to the acceptable use policies of these networks.
    1.3.    The User undertakes to conform to the Internet protocols and standards.
    1.4.    The User may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with the Service to any user, host, or network (referred to as “denial of service attacks”).
    1.5.    Without prejudice to the foregoing, any application that overloads the Network by whatever means will be considered as making profligate use of the Network and will as such NOT be permitted. Use of IP multicast other than by means provided and co-ordinated by PrimeTel is likewise prohibited.
    1.6.    The User acknowledges that the availability of the Services is also dependent upon reasonable usage of the Network. The User further acknowledges that PrimeTel reserves the right to manage the Traffic of Users whose usage PrimeTel considers to be either not consistent with or appropriate for the Services or detrimental to the other Users who share the Network.
    1.7.    Users sending or receiving malicious or illegal material or Traffic will be suspended or disconnected upon detection by PrimeTel. PrimeTel understands that in some cases the User may not be aware of or responsible for the origination of such material or Traffic, in which case PrimeTel will work with the User to resolve the issue and restore normal service as efficiently as possible.
    1.8.    Users who violate systems or Network security may incur criminal or civil liability. PrimeTel will co-operate fully with investigations of suspected criminal violations, violation of systems or Network security under the leadership of law enforcement bodies or other appropriate authorities.

    2.       System and Network Security
    2.1. Violations of system or Network security are prohibited and may result in criminal and civil liability. PrimeTel will investigate incidents involving such violations and will involve and will co-operate with all appropriate authorities if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

    2.1.1.    Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorisation of the owner of the system or network;
    2.1.2.    Unauthorised monitoring of data or Traffic on any network or system without the express authorisation of the owner of the system or network;
    2.1.3.    Interference with any service of any User, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    2.1.4.    Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

    2.2.    If approached with complaints relating to any system or network violations, PrimeTel will co-operate and assist the Police and any other appropriate authority with their investigations in order to bring such misuse and violations to an end.
    3.       E-Mail
    3.1.    It is explicitly prohibited to send unsolicited bulk e-mail messages (“junk mail” or “spam”) of any kind, including commercial advertising, political tracts, announcements, etc.
    3.2.    It is also explicitly prohibited to allow others to send unsolicited bulk e-mail messages or viruses either directly or by relaying through the User’s system or using the Service.
    3.3.    The User must ensure that his/her system cannot be relayed through and must not forward or propagate chain letters or malicious e-mail.
    3.4.    A User must not solicit e-mail for any other address other than that of the User, except with full consent of the owner of the address in question.
    4.       Web space
    4.1.    It is the User’s responsibility to back up their web space content. Upon discontinuation, suspension or termination of Services the content of a User’s web space may be removed by PrimeTel without prior notice or notice.
    4.2.    PrimeTel may modify, remove or suspend web space content without prior notice or notice if the AUP is breached in any way.
    4.3.    Web space usage must be in full compliance with the AUP.
    4.4.    Any content that has potential to offend other Internet users, whilst within the law or the T&C, contained in a User’s web space must be preceded by an appropriate content warning, to warn the viewer that should they continue they may find the resulting images offensive.
    4.5.    The User is wholly responsible for the content stored on the User’s web space and must ensure that all appropriate intellectual property rights or other permissions are obtained and that the aforesaid permissions are made available when requested by PrimeTel. Failure to produce such permissions may result to the removal of the content.
    4.6.    Any content that results in abnormal data volume use that adversely impacts the Network or the Services may be removed without prior notice or notice.

    5.       PrimeTel is not Responsible for Content
    5.1.    PrimeTel is not responsible for the content of any Newsgroup posting, whether or not the posting is made by a User.
    5.2.    PrimeTel is not responsible for the content of material and information published by others (including a User) that are accessible via the Services or the Network and does not accept any liability or responsibility for any such publication.
    5.3.    PrimeTel reserves the right to remove, at its sole and absolute discretion, any material from any server under its control without prejudice to any of its other rights under the AUP, the T&C or any law or regulation.

    6.       Protection and Indemnity by User
    The User is obliged and agrees, undertakes and commits to keep PrimeTel fully covered and indemnified from any claim that may be brought against PrimeTel by anyone as a result of the use of the Service by the User and in relation to all kinds of losses, expenses, actions, procedures, claims, damages, costs (including legal costs and expenses) or liabilities that arose or accrued either directly or indirectly to PrimeTel as a result of such use of the Service or of breach of or non compliance to the AUP by the User and to pay every cost, damage, adjudicated amount (including legal costs and expenses) which shall be imposed on PrimeTel emanating from the above claims and to provide PrimeTel with complete information for these claims and full authorization and the necessary support to defend, compromise or settle these claims.

    7.       Monitoring/Recording of communications
    7.1.    PrimeTel does not monitor and does not control the content that arises from the use of the Service. However, PrimeTel reserves the right, according to the provisions of the applicable legislation for the time being, to monitor, control, supervise and disclose all necessary information required by law, legal or court procedure, regulation or order of any appropriate authority, notifying in parallel the User for these actions.
    7.2.    Any complaints regarding illegal use or system or Network security issues, email abuse, Newsgroup abuse or spamming or any other issue regarding the AUP should be sent to abuse@prime-tel.com

    8.       Amendment
    8.1.    PrimeTel reserves the right to amend the AUP any time it deems it necessary.
    8.2.    The changes to the AUP will be posted to the web site of PrimeTel and will become effective upon their posting, unless otherwise specified by PrimeTel.
    8.3.    Subject to the provisions of any law or regulation or of any order from any appropriate authority, the aforesaid posting will also be considered as notification to the User and it is the User’s responsibility to ensure awareness of any changes in the AUP.

    9.       Breach/Termination
    9.1.    PrimeTel reserves the right to discontinue, suspend or terminate the Service and/or any other service to the User immediately and without prior notice or notice if the User is in breach of any aspect of the AUP.
    9.2.    In case of discontinuance, suspension or termination of the Service due to breach by the User of the AUP PrimeTel shall not have any obligation to indemnify the User and is entitled to withhold all or part of the User’s deposit for the provision of the Service or of any services by PrimeTel.
    9.3.    Any discontinuance, suspension or termination will be without prejudice and will not negate or cancel any obligations of the User, including financial obligations, towards PrimeTel pursuant to the agreement between them.
    9.4.    Actual, indirect or attempted violation of the AUP by anyone on behalf of the User or using the User’s system or services or a User’s end user (with or without the knowledge or consent of the User) shall be considered violation of the AUP by the User.

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