Acceptable use 2Host4Less.com Ltd - Acceptable Use Policy Version [2], March 2007 IMPORTANT: you must comply with this Acceptable Use Policy ( “Policy” ) if you use our network or services. REASON FOR THIS POLICY While it is impossible to define exhaustively what constitutes “acceptable use” and “unacceptable use” or “abuse” of the internet or of our network and services, this Policy gives examples of the types of use which we consider unacceptable. Note that the fact that an activity is not specifically stated in this Policy to be unlawful or unacceptable, or otherwise in breach of this Policy, does not automatically mean that such activity complies with the Policy. Our relationship with other networks, and accordingly our ability to connect to the rest of the internet, depends to a significant extent upon proper behaviour by our customers. We therefore cannot tolerate any behaviour by customers which is detrimental to our equipment, network, or services, or indeed to our reputation. Nor do we permit any such behaviour which has a negative impact upon other users of the internet. It is crucial that when activity which might constitute abuse occurs, we are entitled to take appropriate action; otherwise we would lose the confidence of the wider internet community, which in turn would significantly reduce our customers’ freedom to use the internet. 1 DEFINITIONS In this Policy:- 1.1 “intellectual property rights” includes (without limitation) trade secrets, database rights, know-how, patents, copyrights, registered design rights, unregistered design rights, and trade mark s, all whether recorded in any manner or otherwise, and including all applications for any rights which are registrable; 1.2 “we/us/our” refers to 2Host4Less.com Ltd , a company incorporated in England and Wales (registered number ), and having its registered office at 8 Shrewsbury Walk, lsleworth, TW7 7DE; and 1.3 “you/your” refers to you, the person using our network or services. 2 GENERAL 2.1 Our network and services may be used for lawful purposes only and in compliance with all relevant legislation in force from time to time. (You should be aware that the internet is a global communications network and what may be legal in the United Kingdom may be illegal elsewhere and render you liable to prosecution in another country). 2.2 You shall not use our network or services to send, receive or store any prohibited material. “Prohibited material” means material which:- 2.2.1 violates any applicable law or regulation of any country in the world; or 2.2.2 is defamatory, threatening, malicious, offensive, abusive, indecent, blasphemous, obscene, or otherwise objectionable in any way, or in breach of confidence, privacy, trade secrets, or of any third party rights (including intellectual property rights). 2.3 You should be aware that the storage, distribution or transmission of unlawful materials could lead to civil liability or criminal prosecution, in addition to any action we may take, which is set out in clause 8 below and in our Terms and Conditions of Provision of Service. 2.4 Examples of prohibited materials include (without limitation):- 2.4.1 any material which constitutes, or encourages the commission of, a criminal offence; 2.4.2 hardcore and child pornography; 2.4.3 programs containing viruses or Trojan horses or any tools designed to compromise the security of other websites; 2.4.4 material protected by intellectual property rights, and other proprietary material, if such materials are used without proper authorisation. 2.5 You shall not post, upload or otherwise distribute material protected by intellectual property rights on our servers without the consent of the owner of the intellectual property rights. 2.6 Your traffic over the internet may cross other networks, or use other services which are not owned or operated by us. You must abide by the acceptable use policies and other terms and conditions imposed by the operators of those networks and services. 3 VIOLATIONS OF SYSTEM OR NETWORK SECURITY 3.1 Any violation by you of systems or network security is prohibited, and may result in you incurring criminal or civil liability. We shall investigate incidents involving such violations and will info rm and co-operate with the relevant law enforcement organisations if we are requested by them to do so. 3.2 Violations may include, but are not limited to the following:- 3.2.1 unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network; 3.2.2 unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network; 3.2.3 interfering with any user, host or network, including mailbombing (see definition at clause 4.4), flooding, deliberate attempts to overload a system, and broadcast attacks. 4 EMAIL USE 4.1 You shall not send e-mail to any person who does not wish to receive it. You must comply with any request that you stop sending e-mails to any person. 4.2 Unsolicited advertising mailings, whether commercial or for the purposes of giving info rmation, are strictly prohibited. You may send advertising material only to addresses that have specifically requested it. We shall not forward mail to accounts terminated for bulk mailing or unsolicited advertising. Chain letters are, by definition, unsolicited, and may not be propagated using our services. 4.3 You shall not send, distribute or reply to mailbombs. “Mailbombing” is defined as either e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent. 4.4 You shall not use false e-mail headers or alter the headers of e-mail messages to conceal their e-mail address or to prevent internet users from responding to messages. You shall not use any e-mail address that you have not been authorised to use. 4.5 Violations of the Policy can sometimes result in massive numbers of e-mail responses. We reserve the right to shut down your account and terminate your agreement with us in accordance with clause 15.3 of our Terms and Conditions of Provision of Service if this occurs and adversely affects our resources, to the extent that it prevents us from providing a proper level of service to our customers. 5 WORLD WIDE WEB USAGE 5.1 “Web usage” includes the use of web space provided with client accounts, web hosting on our servers and the use of web services on co-located or dedicated servers. 5.2 We cannot and do not proactively monitor content on any web space maintained by you (whether as customer space, or as part of web-hosting or co-location services), and we cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable by any person. 5.3 You undertake sole responsibility for the content of web pages owned or operated by you, whether on your own web sites, on web space hosted by you, or on co-located servers. You shall accordingly ensure that all materials on any web site owned, operated or hosted by you do not infringe any third party rights, including intellectual property rights, and shall bear sole responsibility for any dispute in this connection. 6 COMPLAINTS We have in place a procedure for handling your complaints about material stored and/or accessed via our services, or about the behaviour of other users of our services. If you wish to make such a complaint, please ensure that you do so by e-mail to abuse@2Host4Less.com 7 INVESTIGATION 7.1 We reserve the right to investigate suspected violations of this Policy. When doing so we shall endeavour to act reasonably and fairly at all times. 7.2 An investigation may include gathering info rmation from the user involved and the complaining party, if any, and examination of material on our servers. 7.3 During an investigation, we may (without prejudice to any other rights we may have in our Terms and Conditions of Provision of Service, or elsewhere) suspend the account involved, and/or remove the material involved from our servers. Such action may include temporary or permanent removal of material from our servers, warnings to the user responsible, and the suspension or termination of the account responsible, in accordance with clause 15.1 of the Terms and Conditions of Provision of Service. We will determine what action will be taken in response to a violation on a case-by-case basis. 8 ACTION WE MAY TAKE IF YOU BREACH THIS POLICY If you are found to have breached this policy, we reserve the right (without prejudice to any other rights we may have in our Terms and Conditions of Provision of Service, or elsewhere) to take whatever measures we (acting reasonably) deem appropriate and proportionate to the breach, including (without limitation) giving you a formal warning, suspending or terminating your Agreement with us (as defined in clause 2.1 of the Terms and Conditions of Provision of Service), making an additional charge for our reasonable costs of investigating and dealing with the misuse, blocking access to any component of the service, and removing any web page of yours on our servers. 9 VARIATION OF POLICY We may change this Policy to reflect any changes in the law or internet community standards, or whenever we consider it necessary. Any such amendment shall be effective upon its posting onto our website at the following URL: www.2Host4Less.com/terms.php, and it is your responsibility to ensure that you are fully aware of any such amendment. 10 GOVERNING LAW This Policy shall be governed by and construed in accordance with United Kingdom law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website.