OFNL - Acceptable Use Policy (AUP)

OFNL Network - Acceptable Use Policy

A. General

Monkey Tree Hosting Ltd t/a MTH Networks provides to the Customer a variety of Services, including such services as OFNL Residential Broadband, OFNL Business Broadband, Static IP & Voice Transit. This document defines the Acceptable Use of the Services with a view to ensuring the integrity, security, reliability and privacy of MTH's Network, Systems, Services, server hosting facilities and data contained therein (collectively, the MTH Network).

The Customer is solely responsible for the content and messages that it, or any of its end users, posts, distributes or otherwise makes available using the MTH Network. MTH encourages the Customer to self rate its websites using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org).

B. Prohibited Activities

It is contrary to MTH policy for the Customer, or any of the Customer's End Users, to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service. Each of the below practices (each, a Prohibited Activity) constitutes abuse of the MTH Network and interferes with other Service users.

Accordingly, these practices are prohibited:

  1. Posting or sending messages substantially similar in content to 10 or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a List);
  2. Posting or sending messages, articles, or other content to a List which are off-topic according to the charter or other owner published FAQs or descriptions of the List;
  3. Sending unsolicited commercial messages or communications in any form;
  4. Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and internet protocol addresses, provided to MTH or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer’s or its End Users identity or contact information;
  5. Engaging in any other activity that: (a) violates a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party’s copyrights, trademarks, patents, trade secrets or other intellectual property rights); (b) threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorisation); (c) attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage; (d) otherwise degrades or interferes with other users’ use of a Service; (e) breaches a third party non-disclosure agreement or obligation, or (f) violates generally accepted standards of internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorised system penetrations.
  6. Engaging in any of the activities listed above by using another provider’s service, but channelling the activity through an MTH account, remailer, or otherwise through a Service.
  7. Any indirect or attempted violation of this policy by or on behalf of the Customer or a Customer’s End User, and any actual or attempted violation by a third party on behalf of the Customer or a Customer’s End User, shall be considered a violation of the policy by such Customer or Customer’s End User.

C. Rights and Remedies

MTH may suspend and/or terminate the Customer’s Service at any time for any material failure of the Customer, its representatives or its End Users to comply with this policy or for engaging (or permitting others to engage) in a Prohibited Activity (as determined by MTH, in its reasonable discretion. MTH may deny all traffic from known IP address blocks that support indiscriminate port scanning programs such as ProxyHunter, or other unlawful activity, for the purpose of preserving the Customer’s system and network resources. MTH reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity.
In addition, MTH reserves the right to charge the customer to cover the administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, the recovery of the costs of identifying offenders and removing them from or discontinuing providing them with Services, in an amount (i) equal to MTH actual expenses incurred in preventing or responding to such activity, or (ii) up to five hundred Pounds (£500.00), whichever is greater.

Nothing in this Acceptable Use Policy limits MTH's rights and remedies (or otherwise at law or in equity) in any way with respect to any Prohibited Activity

D. Password Protection

The Customer and its End Users are responsible for protecting their password and for any authorised or unauthorised use made of their password. 

E. Modification of This Policy

MTH reserves the right to change this policy from time to time by giving not less than ten (10) Business Days' notice to the Customer.

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