Acceptable Use Policy
This Acceptable Use Policy is intended to indicate what sort of behaviour by customers constitutes Acceptable Use and what does not. All customers of Net2Air are expected to fully comply with this Acceptable Use Policy at all times while they are customers of Net2Air.
Compliance with UK Law
Customers are expected behave in accordance with this Acceptable Use Policy and to comply with UK law. It is an offence under UK law to transmit, receive or store certain types of files. Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including, but not limited to, the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice and Immigration Act 2008 and the Prevention of Harassment Act 1997 (all as amended). It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question.
Net2Air will co-operate with any rights holder or their agent wishing to assert their rights in these matters and reserve the right to suspend or withdraw the Service when presented with evidence suggesting and breach of intellectual property rights. The Data Protection Act 2018 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner. Under the Electronic Commerce (EC Directive) Regulations 2002, Net2Air is in general not liable to any criminal or pecuniary penalty for any act deemed unlawful and carried out using our service unless we have actual knowledge of that unlawful act. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful act we will take preventative measures to bring the act to an end.
Compliance with foreign law
The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. In order to comply with this Acceptable Use Policy therefore, customers are strongly advised to take all reasonable steps to avoid breaching relevant foreign laws.
Irresponsible usage
Customers are deemed to acknowledge that they have a responsibility to ensure that their connection is not used in an irresponsible manner. Net2Air deem irresponsible use of the services to include, but not be limited to, sending unsolicited email (“spamming”), attempting to breach the security of a 3rd party machine, flooding Usenet by placing a single post in a large number of newsgroups, and if a service with unlimited or uncapped data usage is abused to the extent that it detrimentally affects other customer’s services. In the event that a customer’s service is used for any purpose that Net2Air deem irresponsible, then Net2Air reserves the right to suspend the service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, Net2Air reserve the right to terminate the customer’s account with immediate effect. Wherever possible the customer will be notified in advance of any termination.
Security and privacy
Login names and passwords must be kept secret and in order to comply with this Acceptable Use Policy, must not be communicated to any third party. Net2Air must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed. Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable. If Net2Air find malicious traffic emanating from a customer’s server, Net2Air have an obligation to other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. Net2Air understand that in many cases a customer may not be responsible for, or aware of the problem, and therefore Net2Air will work with the customer to resolve the issue as efficiently as possible to restore normal service.
In order to comply with this Acceptable Use Policy, customers must not use Net2Air services to send unsolicited commercial email (UCE, also known as ‘Spam’). Net2Air will block the mail services of any customer found to be sending such mail. Customers may not have ‘open mail relays’. Net2Air will close the relay or connection of any customer found with an open mail relay. Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available. Net2Air reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer’s responsibility to ensure that mail is regularly collected and removed from Net2Air’s POP3 server. Net2Air strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, Net2Air reserve the right to remove older mails from the mailbox to reduce its size. If a customer has not logged into any mailbox provided by Net2Air within a 6 month period this may result in the deletion of the mailbox.
Attempted security breaches
Any attempt to breach the security of any machine is forbidden and will be considered a breach of this Acceptable Use Policy. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic. It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation. Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).
Non-Specific
In order to comply with this Acceptable Use Policy, customers may not mount an attack, by whatever means, against our system, or any other systems. Customers may not run unauthorised mailing lists from or through any of our machines or mail servers. Any IP addresses assigned to customers are owned by Net2Air and are not the property of the customer. When using a quota-based service, it is the customer’s responsibility to remain within their usage quota. In regards to bandwidth any use over or above your stipulated level will result in a charge for every Mega Byte (MB) by which the data limit is exceeded. Net2Air reserves the right to delete files for over-quota users if disk space is affecting the normal running of the server on which they are stored. Using the Services for any activity which adversely affects the ability of other people or systems to use Net2Air’s Services or the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Customers responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. This is the latest edition of the Net2Air Acceptable Use Policy which supersedes all previous editions.
Net2Air Ltd – Acceptable Use Policy – May 2020
