LinkBermuda and its affiliates (“LinkBermuda”) provide their business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (e-mail) packages and services, web hosting arrangements, MPLS, Ethernet, Frame Relay, voice and other data, online, internet-related and telecommunications services (each, a “Service” and collectively the “Services”).
This document defines the Acceptable Use of the Services with a view of ensuring the integrity, security, reliability and privacy of LinkBermuda’s network, systems, products, services, server hosting facilities and data contained therein (collectively, the “LinkBermuda Network”).
LinkBermuda’s Customers are solely responsible for the content and messages that they post, distribute or otherwise make available using the LinkBermuda Network and Services. LinkBermuda encourages its Customers to self-rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) (www.fosi.org/icra/).
For the purposes of this policy, a Customer is defined as any party who purchases a Service from LinkBermuda.
B. Prohibited Activities
It is contrary to LinkBermuda policy for any of its Customers or other Service user 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 LinkBermuda’s Services, Network and facilities and interferes with other Service Users. Accordingly, these practices are prohibited.
- 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”);
- 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;
- Sending unsolicited commercial messages or communications in any form (“SPAM”);
- 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 LinkBermuda or to other Service Users or engaging in any activities or actions intended to withhold or cloak Customer’s or its End User’s identity or contact information;
- Engaging in any other activity that i) 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), ii) 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), iii) 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 or iv) otherwise degrades or interferes with other users’ use of a Service;
v) breaches a third party non-disclosure agreement or obligation, or vi) 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. vii) Engaging in any of the activities listed above by using another provider’s service, but channelling the activity through a LinkBermuda account, remailer, or otherwise through a Service.
ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS POLICY BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A 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
LinkBermuda may suspend and/or terminate a Customer’s Service at any time for any material failure) of Customer, its representatives or its users to comply with this policy or for engaging (or permitting others to engage) in a Prohibited Activity (as determined by LinkBermuda, in its reasonable discretion).