Acceptable Use Policy

INTRODUCTION

THIS ACCEPTABLE USE POLICY sets out the policies, rules and procedures to be adopted by the Applicant in relation to the registration, display, use and exploitation of the Domain Name, use our Website-Hosting Service, use of the Dynamic Website Design Services and any other use of the Services. This document is intended to promote legal, honest, secure and general good practises in respect of use of the Internet but is not exhaustive. If you wish to use the Domain Name, the Website Hosting Services and/or any other Services for any purposes set out below as being prohibited, you must obtain the prior written consent of Elysian Labs. Last Revision: September 14th, 2004.

1 GENERAL

Elysian Labs may from time to time modify, amend and/or revise this Policy and the Applicant is responsible for reviewing the Policy on a regular basis. The date appearing at the top of this page indicates the date on which this Acceptable Use Policy was last amended.

2 RULES AND PROCEDURES

2.1 The Applicant shall not in any way utilise the Domain Name, the Website, the Servers or any other Services to store, display, transmit (including any re-transmission), sell, promote, advertise or distribute any material or information which:
(a) is (or is likely to) infringe (or could encourage the infringement of) any third party's Intellectual Property Rights, including but not limited to unlicensed or pirated software products; or
(b) is (in Elysian Labs sole opinion) false, misleading, fraudulent, obscene, indecent, defamatory, offensive, discriminatory, abusive, malicious, depicts or describes nudity or any sexual activities or practise other than for educational purposes, or is in any other way in bad taste or in bad faith; or
(c) is (or is likely to be) in breach of any local, national or international criminal or civil laws or otherwise in violation of any law in any relevant jurisdiction which may affect the Domain Name or Web Hosting Account or their use.

2.2 The Applicant shall not in any way utilise the Domain Name, the Website, the Servers or any other of the Services for any of the following activities:
(a) to collect personal information about individuals accessing the Domain Name or Website or other service provided using any of the Services without complying with the Data Protection Act 1998 (as amended), including, but not limited to giving a fair processing notice and/or obtaining such individual's consent. This includes data collection by the use of "cookies" or any similar type of data collecting; or
(b) to send duplicative, unsolicited advertising material or bulk mail messages or any similar type of "spam" mail (commercial or otherwise) or to collect the responses from unsolicited mail. The use of the Website, the Servers or any other of Services or the Domain Name to post advertisements or messages that, in Elysian Labs sole opinion, violate the charter of any newsgroup or mailing list, is also prohibited. Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients are permitted; or
(c) to falsify addressing information or otherwise modify headers to conceal the sender's or recipients' identity, for the purpose of circumventing this Policy. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose; or
(d) to create or knowingly forward messages which contain a virus, Trojan horse or other disabling element; or
(e) to create or send "chain letters", "pyramid schemes" or any similar type of money-making scheme messages; or
(f) to run programs or scripts that overload or otherwise disrupt (or may, in Elysian Labs opinion, overload or disrupt) Elysian Labs Services or those of our current network providers systems or that infringe in any way the rights of any third party; or
(g) to breach or attempt to breach any authentication or security measures or to make any unauthorised attempt to gain access to any account, host or network. NB: Such a breach will always result in immediate termination of this agreement; or
(h) to engage in activities that violate the terms of service of any other Internet Service Provider.

2.3 The Applicant shall not in any way, using services other than those supplied by Elysian Labs, advertise websites or other URLs that point to files hosted by Elysian Labs by sending duplicative, unsolicited advertising material or bulk mail messages or any similar type of "spam" mail (commercial or otherwise), or violate the charter of any newsgroup or mailing list. Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients are permitted.

2.4 If, in Elysian Labs sole opinion the applicant is in breach of any of the above, Elysian Labs reserves the right without notice (and without incurring any liability to the applicant whatsoever) to suspend or disable (temporarily or permanently) the applicant's use of the services and/or to terminate the agreement. Applicant will not be entitled to any refund of fees paid to Elysian Labs.