Acceptable Use Policy

1. Introduction

This Acceptable Use Policy forms part of the General Terms applicable to all services or facilities supplied by NewCMI Ltd.

To use CMI’s products and services, Clients must comply with the provisions of this Acceptable Use Policy at all times and in particular must not do anything which is defined below as Unacceptable Use of the services provided by CMI.

2. Definitions

“Acceptable Use Policy” means this document;

“CMI” means NewCMI Ltd;

“Client” or “you” means any person who has contracted with CMI for the provision of one or more of its services and includes any person employed by you and authorised and/or enabled by you to access and use the Internet through any of CMI’s network, systems or services;

“Content” means all information, data, text, expressions of opinion, images, photographs, pictures, film or video materials, sounds, music, advertisements, promotional materials and any other materials of any description posted to or included in any Internet system;

“Unacceptable Use” means any act or omission that is in breach of this Acceptable Use Policy.

3. Aims of this acceptable use policy

This Acceptable Use Policy has the following aims:

— to ensure the security, reliability and integrity of CMI’s systems and network, the systems and networks of CMI’s clients and the networks and systems of third parties;

— to maintain the image and reputation of CMI as a responsible Internet Service Provider;

— to encourage the responsible use of Internet resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services; and

— to preserve the privacy and security of individual Internet users.

4. What constitutes acceptable use?

The following qualify as Unacceptable Use of CMI’s network, systems and services:

— Sending spam (i.e. the sending of an unsolicited commercial e-mail message to one or more e-mail addresses that was not specifically requested by the recipient or recipients, including unsolicited bulk e-mail messages);

— Denial of Service Attacks (i.e. attacks on computer networks that are designed to put them out of operation by flooding them with useless traffic);

— Mail bombing (i.e. the transmission of a large volume of unsolicited e-mail to one or more e-mail accounts);

— Operating an Open Relay (i.e. a machine which accepts mail from unknown or unauthorised senders and forwards it to a destination outside of your network);

— Transmitting trojan horses, viruses or other contaminating, destructive or disruptive programs or devices;

— The posting or transmission of charity requests, petitions for signatures or documents relating to pyramid selling schemes;

— Forwarding or otherwise propagating chain letters, whether or not the recipient wishes to receive such mailings;

— The posting or transmission of any message which is libellous or defamatory or which discloses private or personal matters concerning any person;

— Sending any message, e-mail or other communication which:

— is in breach of any law, regulation or code of practice, including but not limited to theft, fraud, drug-trafficking, money-laundering and terrorism;

— contains any fraudulent, deceptive, threatening, intimidating or harassing statement;

— may incite violence, sadism, cruelty or racial hatred;

— may facilitate prostitution or pedophilia;

— is pornographic, obscene, indecent, abusive, offensive or menacing;

— The posting or transmission of any message which it is unlawful to post or transmit;

— The posting or transmission of any message, data, image, program or other material that would infringe the intellectual property rights of any other person, including copyrighted text, images or software programs, trade secrets or other confidential proprietary information, and trademarks or service marks;

— Pirating or otherwise illegally copying software or any other Content in which third parties have intellectual property rights;

— Violating the security of any other website or engaging in unauthorised decryption of protected material;

— Posting commercial Content on non-commercial bulletin boards or websites;

— Posting encoded binary data except on “alt.binaries” and “alt.pictures” newsgroup sites;

— Cross-posting Content to a large number of unrelated newsgroups, mail lists or forums;

— Repeatedly posting the same or substantially similar Content to the same newsgroup, mail list or forum;

— Invading the privacy of other users of the Service or of the Internet in general;

— Using CMI’s network or systems or any of its services for collecting or transferring personal data on individuals without their consent;

— Attempting to impersonate any person or using a false or forged IP address, domain name, e-mail header or other identifying information;

— Transmitting, storing, facilitating the transmission or storage of, or knowingly receiving, any virus, worm, trojan horse, cancelbot or other destructive or contaminating program or other material such that the whole or part of any of CMI’s services is interrupted, damaged, rendered less functional or less efficient, or the effectiveness of the service is in any way impaired or advising any other party how to do so;

— Save as permitted by law, decompiling, disassembling or otherwise reverse-engineering any software that you use to access any of CMI’s services;

— Tampering with routing and domain name services in order to “spoof” other computer networks and users of the Internet or to divert them to other websites;

— Gaining or attempting to gain unauthorised access to any host, network, data or account.

Your web site or web page(s) content must not include:

— Materials which are obscene, indecent, vulgar, lewd or erotic and which lack serious literary, artistic, political or scientific value; or

— Materials which encourage the commission of a crime, or which tend to incite violence, or which tend to degrade any person or group based on sex, nationality, religion, colour, age, marital status, sexual orientation, disability or political affiliation.

The above are more easily defined examples of Unacceptable Use. However, Unacceptable Use of CMI’s network, systems and services is not limited to the above, but may include any activity which is considered, in the opinion of CMI, to be a serious abuse of CMI’s network, systems and services.

5. Other requirements

You must maintain the confidentiality of the login names, passwords and other confidential information which you use to access any of CMI’s network, systems or services.

When giving any payment or credit card information via any of CMI’s network, systems or services, you must ensure that the same is accurate, complete and up-to-date and that the person supplying the information has the authority to do so.

You are strongly advised to use an up-to-date virus-scanning program on all equipment which you connect to CMI’s network and systems.