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2. Dedicated Servers
Complaince with UK Law
It is an offence under UK law to transmit, receive or store certain types of files. Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts which include but are not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.
It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents and registered trademarks. Customers are therefore not permitted to use their Assiva Ltd services in such a way as to violate intellectual property rights. Assiva Ltd will aid any rights holders in the enforcement of the holder’s rights where necessary and will terminate or suspend services if needed to enforce those rights. 1
The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.Under the Electric Commerce (EC Directive) Regulations 2002, Assiva Ltd is in general not liable to
any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have
actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that
a customer has carried out any unlawful acts we will take preventative measures to bring those acts
to an end.Compliance with international law
Due to the global reach of the internet it is possible for our customers to be in breach of the laws of
foreign countries. Customers are therefore advised to take due care and all reasonable action to
ensure that they do not violate the laws of foreign countries. Customers who have opted to have
their servers hosted in the US are advised to ensure that their use of our services does not break US
law.Irresponsible usage
In agreeing to this AUP, you the customer, accept and acknowledge that you have a responsibility to
ensure that your Assiva products and services are not used in an irresponsible manner. Activities
deemed to be irresponsible by Assiva Ltd include, but are not limited to, bulk unsolicited e-mailing
(spamming), the hosting of fraudulent or ‘phishing’ sites, the use of Assiva Ltd products and
services in an attempt to circumvent the security of third party machines and networks and the
exceeding of service quotas allocated to your product (i.e. exceeding data transfer allocation). The
use of email address lists obtained from third parties is not allowed. Email address lists may be used
for sending bulk emails only if they are compiled from opt-in registration on the customer's own site.
No adult content may be hosted and you, the customer, accept and acknowledge this by agreeing to
this AUP.
If we determine that a customer’s products are being used irresponsibly we will notify you via e-
mail of the situation. If you have not acted to resolve the reported issue within 24 hours we reserve
the right to suspend your services immediately and indefinitely until such a time that the reported
issue(s) are resolved. Failure to resolve the issue(s) in a timely fashion could result in the termination
of your Assiva Ltd products and services.
Management of servers
The client is responsible for management of the server and all servers are provided on an 'as is' unmanaged basis. Staff are not permitted to intervene and will only render assistance when the matter is hardware related.
Please note this is a temporary term and will be liable to change.
Bandwidth
Assiva Ltd will assign a bandwidth limit to each server purchased from us. This bandwidth limit is there to be used by the customer and therefore can be used at any time. Assiva Ltd may on occasion be forced to throttle the customers bandwidth if a server is causing issues with the integrity of the wider network. While this is may be a rare occurance, equally the customer should be aware that Assiva Ltd does have this tool available for situations where the volume of bandwidth may be detramental to others. Customers have no recourse other than to cease their agreement at its next renewal, or to not purchase any products from us as is applicable.
Customers may not host any of the following services without prior permision:
- Streaming
- Adult content
- Tunneling, unless terminated on the server or within the VLAN
As has been already stated (see Irresponsible Usage) Customers may not use Assiva Ltd Services to
send unsolicited bulk e-mail (UBE or ‘spam’). If a customer is found to be sending UBE then their e-
mail services will be suspended and the incident investigated. As customers sending UBE can cause
Assiva Ltd IP addresses to become blacklisted by anti-spam organisations, Assiva Ltd take UBE
incidents very seriously, and repeated occurrences of UBE from a customer’s service could lead to
the termination of that service, without recompense.
It should be noted that ‘opt-in’ mailing lists are allowed provided that it can be demonstrated that recipients have to ‘opt-in’ to the mailing list and
that there is an obvious and functional ‘opt-out’ system.
Customers with dedicated server products running mail server software are required to ensure that
any SMTP servers are secured and cannot function as ‘open relays’. Servers found to be running
‘open relays’ will be suspended and the customer will be notified of this via e-mail. The server will
not be re-activated until the customer can demonstrate that the mail server no longer functions as
an open relay.General
The customer is solely responsible for all content on their server. It is the sole responsibility of the
customer to ensure that their data is protected by a robust backup strategy and Assiva Ltd accept
no liability for any data loss suffered by the customer for any reason. It is the customer’s
responsibility to ensure that the contents of their server comply with all applicable UK laws and EU
directives, and that any websites and/or content hosted on their server do not infringe upon the
intellectual property rights of third parties. Assiva Ltd reserves the right to suspend servers that
breach Assiva Ltd’s AUP or Terms and Conditions. A suspended server will not be accessible to the
customer. Customers will be notified via e-mail of a suspension of their service. The server will
remain suspended until the customer can demonstrate the fact that their server no longer violates
Assiva Ltd’s Terms and Conditions or AUP (customers may be allowed limited access to their
server to correct any issues). Customers are not entitled to any compensation for a suspension of
service. If no action is taken by the customer to resolve the infraction, Assiva Ltd reserve the right
to terminate that service without recompense.
To ensure the integrity of our network, Assiva Ltd reserve the right to suspend any server if it is
deemed to be causing excessive load or generating excessive traffic. Customers will be notified of
any such suspension via e-mail. The server will remain suspended until Assiva Ltd determines that
it is no longer a threat to our network.
As has been stated previously in the section entitled ‘Security and Privacy’, passwords for your
Assiva Ltd products must be kept secure, and must not be disclosed to third parties, with the sole
exception of Web designers/IT professionals who have been contracted to help you create and
maintain your website (and/or server). You must immediately notify Assiva Ltd if you believe that
an unauthorised third party has access to your password so that we can take measures to secure
your account. Assiva accept absolutely no liability in cases where an account password has been
compromised.
Non-payment on the part of the customer for any service will result in
the immediate suspension of that service for one week. If payment is not received in that period, the
service will be terminated.
Should you choose to terminate your Assiva Ltd products or services, we will keep any related
data on our servers for a maximum period of seven days, after which it will be permanently deleted.
We reserve the right to delete data relating to terminated products and services at any point within
that seven day period.
Any IP addresses assigned to customers remain the sole property of Assiva Ltd or its upstream providor.Notes:
1. Should we be required to suspend a service due to misuse then the client will have voided all rights for a refund, partial or otherwise.
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