When subscribers disseminate information through the Internet, they also must keep in mind that Netservers does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Netservers' network and may reach a large number of people, including both subscribers and nonsubscribers of Netservers, subscribers' postings to the Internet may affect other subscribers and may harm Netservers' goodwill, business reputation, and operations. For these reasons, subscribers violate Netservers policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Netservers, but also because it can overload Netservers' network and disrupt service to Netservers subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Netservers has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Services involving advertising that utilises unsolicted bulk mail --You may not operate, host, provide hosting facilities to or assist in any way whatsoever any web site, email address, email service, ftp service or any other online service which is advertised or promoted by means of Unsolicited Bulk Email, Unsolicited Commercial Email, Excessive Cross-Posting or Excessive Multi-Posting to Usenet newsgroups, mass messaging via mediums such as IRC, ICQ and online Instant Messaging, or any other form of electronic communication which would be regarded as defined in this AUP as being abusive.

This prohibition applies whether the abusive communication takes place using the Netservers network, or otherwise. Hosting providers in particular should take care to ensure that their own AUP includes a prohibition of services advertising to unsolicited email recipients, since Netservers reserves the right to demand immediate suspension of access to services advertising to unsolicited email recipients, once such services are drawn to the attention of the Netservers abuse team. In the event that such request for suspension results in inaction, Netservers may ourselves suspend access to the IP
address(es) concerned by technical means.

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. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Netservers is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Netservers' policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Internet Relay Chat (IRC) -- Use of Netservers services or resources to establish connections to IRC networks, or host Internet Relay Chat Daemons (IRCD) is strictly prohibited unless approved in writing by Netservers. This includes use of "Eggdrop bots", and "Energy Mech bots (EMech)". Any servers or accounts found to be disobeying this rule may be subject to immediate termination. Any servers or accounts which attract a Denial of Service (DOS) attack as a result of IRC related connections may be subject to immediate account cancellation without refund and without notice, regardless of having Netservers written permission or consent.

Obscene Speech or Materials -- Using Netservers' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Netservers is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Netservers' network.

Defamatory or Abusive Language -- Using Netservers' network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). 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).

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, mailbombing, or denial of service attacks. 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, mailbombing, denial of service attacks, and piracy of software.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Netservers determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Netservers will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Netservers policy or applicable law. When Netservers becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site or server, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Netservers also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Netservers' facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Netservers does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Netservers has the right to directly take action against a customer of a subscriber. Also, Netservers may take action against the Netservers subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Netservers anticipates that subscribers who offer Internet services will cooperate with Netservers in any corrective or preventive action that Netservers deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Netservers policy.

Netservers also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Netservers urges its subscribers to assume that all of their on-line communications are insecure. Netservers cannot take any responsibility for the security of information transmitted over Netservers' facilities.

Netservers will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Netservers may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Netservers may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, summons, discovery request, warrant, statute, regulation, or governmental request. Netservers assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Netservers may disclose subscriber information or information transmitted over its network where necessary to protect Netservers and others from harm, or where such disclosure is necessary to the proper operation of the system.

Netservers expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Netservers policy. Finally, Netservers wishes to emphasize that in signing the service agreement, subscribers indemnify Netservers for any violation of the service agreement, law, or Netservers policy, that results in loss to Netservers or the bringing of any claim against Netservers by any third-party. This means that if Netservers is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Netservers, plus costs and reasonable legal fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Netservers and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@netservers.co.uk.