Freewire - Acceptable Use Policy

1. General Information.

This AUP applies to Freewire Internet service and your use of it. Appendices A to G of this AUP provide further guidance as to how this AUP is applied to our Internet services and the use to which they are put.

This AUP is governed and subject to the laws of England and Wales. You submit to the exclusive jurisdiction of the English and Welsh Courts over any claim or matter arising under or in connection with this Agreement.

It is your responsibility to ensure your compliance with all applicable provisions of this AUP. If you do not comply wit this policy we have the right to take any action we deem appropriate in the circumstances and/or as set out in this AUP.

When using our services you must comply with UK, EU and international law ("Applicable Law"), as relevant, and you must have all relevant authorisation and consents required by Applicable Law when carrying out certain activities when using our services.

If you have any comments or queries, or there is any provision that you do not understand, please feel free to email any enquiry to us at: servicemanagement@inuknetworks.com

There are certain types of material which infringe Applicable Law. Some types of material are illegal to possess as well as transmit or publish via the Internet. You should also be careful not to post material which infringes others' intellectual property rights (e.g. trade marks or copyright) or could be considered defamatory, or which imposes liability on us for hosting that material.

Your traffic over the Internet may traverse other networks or use other services which are not owned or operated by Inuk Networks. You must abide by the acceptable use policies and other terms and conditions imposed by the operators of those networks and services.

We may, at our sole discretion, run manual or automatic systems to determine compliance with this AUP (e.g. scanning for open mail relays, open proxy servers or smurf amplifiers and running deep packet inspection (DPI)). By accessing the Freewire Internet services you are deemed to have granted permission for this limited intrusion onto your networks or machines.

It is not possible to codify exactly what constitutes "acceptable use" and "unacceptable use" or abuse of the Internet. These terms depend upon the many informal understandings which have arisen between the administrators, owners and operators of the computers and networks that together constitute the Internet and of which Inuk Networks is only one participant among many.

However, our relationship with other networks and ultimately its connectivity to the rest of the Internet, depends largely upon proper behaviour by our customers. We will not tolerate any behaviour by customers which negatively impacts upon our own equipment or network, or upon the use by other customers of the Internet, or which damages our standing in the wider Internet community.

Therefore, it is important that when activity that might constitute abuse occurs, that we take appropriate action - if we did not, and such abuse was permitted to continue, we would lose the confidence of the wider Internet community, which in turn would significantly impair our customers’ freedom to use the Internet.

This AUP and its day-to-day application by us is a result of our consideration of both the formal and informal practices of the Internet community.

The AUP and its appendices are intended to give guidance to you in understanding the types of issues that can arise and what we will consider to be unacceptable behaviour that does not conform to Internet community standards.

We will investigate suspected or alleged breaches of this AUP and in doing so we will endeavour to act reasonably and fairly at all times. If you are found to have breached this AUP or the Terms and Conditions that apply to your Internet service, we reserve the right in our sole discretion to take whatever measures we deem appropriate and proportionate to the breach. These measures may include a formal warning, suspending or terminating one or more of your Freewire accounts, making an additional charge for our reasonable costs of investigating and dealing with the misuse, and/or blocking access to any relevant component(s) of our service to you. If we suspend your access then this suspension may be lifted, at our sole discretion, when the reason for suspension has been rectified and upon receipt of a formal written undertaking from you not to commit any future “abuse”. All cases are, however, considered individually upon their merits.

2. Summary of Unlawful /Unacceptable Activities.

General

The following is a summary of activities which are regarded as unlawful or unacceptable activities which you must not engage in, whilst using Freewire Internet services. Please note that we do not regard this list as exhaustive and as such there may be other activities which may be regarded as unlawful or unacceptable. You may not use Freewire Internet services:

to publish, distribute, circulate or otherwise propagate any material which may be deemed illegal, abusive, offensive, anti-social, racist, distressing, libellous, slanderous, invasive of privacy, harassing and/or obscene;
in any way which will infringe the rights of others including privacy and intellectual property rights. You must comply with the Data Protection Act 1998 when collecting or using an individual's personal information as defined in that Act;
in any way that breaches Applicable Law or is intended to breach Applicable Law;
for the purpose of harming or attempting to harm minors (babies and children) in any way;
in any way which will cause a reduction in performance or functionality of any computer or network facilities;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with this AUP;
to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (commonly known as "spam");
knowingly corrupt any data;
circumvent, or attempt to seek to circumvent, any of the security safeguards of Inuk Networks or any of its suppliers;
in any way disrupt Inuk Networks’ services to its other customers.

You may not access without our permission, interfere with, damage or disrupt:

any part of the Freewire website;
any equipment or network on which our Internet service, website or telephony or television service is provided from;
any software used in the provision of our website; or
any equipment or network or software owned or used by any third party.

Email Use

When sending email using our Internet services, you must not:

send emails that cause distress, anxiety or harm to another person or that breach any Applicable Law;
send or knowingly receive emails that contain abusive, offensive or illegal content;
send emails for the purpose of harming minors (babies or children) in any way;
send emails that deliberately affect the performance or functionality of any computer or network facilities;
transmit, or procure the sending of unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
subscribe anyone else to a mailing list without their authorization;
attempt to conceal your identity or impersonate any individual or organization;
send or knowingly receive, upload, download, use or re-use any material which does not comply with this AUP;
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or to gather information on any person without their explicit consent.

External websites

We are not responsible or liable for the content of any third party website, even if a link to a third party website is on our website.

Complaints

We have in place a procedure for handling complaints regarding breaches of this AUP. If you wish to make a complaint, please ensure that you do so via email to:

servicemanagement@inuknetworks.com

If you do not use this facility we cannot guarantee that your complaint will be dealt with promptly. If you are reporting email or Usenet abuse, please ensure that you provide us with a copy of the full headers of the message or article in question. If you are reporting web abuse, please ensure that you include the full URLs you are referring to. If you are reporting access abuse please ensure that you include copies of your log files which highlight that activity in question. In all cases please ensure that you include a short description of why you are making the complaint.

If you need any further information regarding this AUP, then please contact us on:

ISP Helpdesk Support: 0333 123 0190
E-mail: support@freewiretv.com

3. Content Standards.

The following content standards apply to any and all material which you contribute to, and comments you post on websites ("contributions"), and to any interactive services associated with it including chat, newsgroups and forums that you use via the Freewire Internet service. You must comply with the spirit of these content standards as well as the letter. The content standards apply to each part of any contribution as well as to its whole.

Contributions

Your contributions must:

be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with Applicable Law.

Contributions must not:

contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful, or inflammatory;
contain material which is inappropriate to the interactive service;
promote sexually explicit material;
promote violence or terrorist activity;
contain mass messages or mass invites;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any intellectual property right including copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from Inuk Networks, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Appendix A: Freewire Internet Service - General Rules.

Whilst connected to the Internet your system must conform to all relevant IETF (Internet Engineering Task Force) standards.

You must not:

access computer systems without authorisation, by doing so you may be breaching Applicable Law;

possess or transmit any illegal material;

send information packets onto the Internet that have forged addresses or which are deliberately constructed so as to adversely affect remote machines;

run "scanning" software which accesses remote machines or networks. We may deny all traffic from known IP address blocks that support indiscriminate port scanning programs such as ProxyHunter, or other unlawful activity, for the purpose of preserving customer's system and network resources;

further the sending of unsolicited bulk email (spam) or any other form of email or Usenet "abuse". This applies to both material that originates on your system and also third party material that may pass through it.

configure your computer, server or network in such a way that others can exploit it to disrupt the Internet. This includes, but is not limited to, ensuring that your network cannot be exploited as:

An Open Mail Relay - that is, a machine which accepts mail from unauthorised or unknown senders and forwards it to a destination outside of your machine or network.
An Open Proxy Server - that is, a machine which accepts connections from unauthorised users and forwards their requests to a destination outside of your machine or network;
A Smurf Amplifier - that is, a router with directed broadcast enabled.

Appendix B: Email Abuse.

Although already covered in Section 2 of this AUP, we would wish to reinforce our message regarding particular types of email abuse and the action we will take if email abuse is discovered, and also to prevent email abuse occurring. There are many types of email abuse apparent in the Internet. This appendix deals with the more common forms in an informal manner, but is by no means should be regarded as an exhaustive list.

Due to the practical problems caused by "spamming" we wish to make it clear that we consider the sending of unsolicited bulk email, of any kind, to be unacceptable behaviour. We will always act when such behaviour is brought to its attention. Education, in the form of an email warning, can be the most appropriate response to a first offence, since customers can be unaware of contemporary standards. However, it is our policy to terminate the accounts of any customer who continues to send unsolicited bulk email.

Set out below are some examples of emails which you must not send, forward or in anyway participate in when using Freewire Internet services:

Chain Letters, pyramid selling and “Get Rich Quick” email: These articles are similar to paper versions, where you add your name at the end of a list and send the message to lots of your friends. The person at the head of the list is typically sent some small amount of money. These schemes, even where they offer no financial or material reward are unacceptable abuse. They waste resources for Internet service providers and for the users who download them. If they do involve money they are also illegal in many countries - despite common claims to the contrary within their text.

Unsolicited Commercial Email (UCE): Unsolicited Commercial Email is advertising material sent and received by email without the recipient either requesting such information or otherwise explicitly expressing an interest in the material advertised. It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, or by visiting a web site, unless of course they have made a specific request for information to be emailed to them.

Unsolicited Bulk Email (UBE): UBE is similar to the above UCE but is not attempting to sell anything.

Mailing List Subscriptions: Mailing lists are schemes for distributing copies of the same email to many different people. It is not acceptable to subscribe anyone, other than a user on your own host, to any mailing list or similar service, unless their explicit permission has been given

Forged Headers and/or Addresses: Forging headers or messages means sending email such that its origin appears to be another user or machine, or a non-existent machine. It is also forgery to arrange for any replies to the email to be sent to some other user or machine. However, in either case, if prior permission has been granted to you by the other user or the administrators of the other machine, then there is no problem, and of course “null” reverse paths can be used as defined in the relevant email standards, such RFC 2821.

Mail Bombing: Mail bombing is the sending of multiple emails, or one large email, with the sole intent of annoying and/or seeking revenge on a fellow Internet user. It is wasteful of shared Internet resource as well as serving no value to the recipient B7

Denial of Service Attacks: Denial of Service (DoS) or its distributed version (DDoS) attacking is any activity designed to prevent a specific host on the Internet making full and effective use of its facilities. This includes, but is not limited to:

Mail bombing an address in such a way to make their Internet access impossible, difficult, or costly.
Opening an excessive number of email connections to the same host.
Sending email designed to damage the receiver's systems when interpreted; for example, sending malicious programs or viruses attached to an email.
Using a "smarthost" or email relay without authorisation to do so.

Appendix C: Security.

It is your responsibility to protect your computer from computer viruses, adware, malware, spyware by installing and updating adequate anti-virus and security software. We will not be held responsible for security breaches to your computer, its files or applications.

Appendix D: Passwords.

Users are responsible for protecting password(s) that are issued by Freewire for access to its website, servers or network and for any authorised or unauthorised use made of their password. If you disclose your password to a third party you are responsible for their use of your account. If your password is disclosed or used without your consent then you must notify us immediately. In the event a network or network device becomes compromised, we will assist in the tracking and/or expulsion of said offender on the network level to the extent we find reasonable, at our sole and absolute discretion.

Appendix E: Rights & Remedies.

We may suspend and/or terminate your service at any time for any material failure by you or any third party you allow to use the services we provide to you, to comply with this AUP or for engaging (or permitting others to engage) in a unlawful or unacceptable activity (as determined by us), in our reasonable discretion.

We reserve the right to, where feasible; implement technical mechanisms to prevent an unlawful or unacceptable activity or anything which infringes this AUP. In addition, we reserve the right to charge you to cover administrative costs associated with the unlawful or unacceptable activities or breach of this AUP by the you including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount equal to our actual expenses incurred in preventing or responding to such activity.

Nothing in this AUP limits us to exercise our rights and remedies (available at law or in equity) in any way with respect to any unlawful or unacceptable activity or breach of the AUP. Further we will disclose such information to law enforcement authorities as we reasonably feel is necessary, which in itself may lead to further legal action against you.

Appendix F: Endorsements & Alliances.

We support the responsible use of the Internet by its customers. To that end, we are pleased to be a member of the Internet Watch Foundation (IWF) (www.iwf.org.uk). The IWF works with law enforcement agencies to report, prevent and ultimately prosecute individuals who use the Internet for illegal activity. We will work actively with the IWF to identify customers who engage in illegal activity on the Internet.

We are also members of the UK Internet Service Providers Association (ISPA) (www.ispa.org.uk). The ISPA has been established to promote competition and self-regulation amongst ISPs in the UK.

We encourage our customers to self-rate their websites using a leading rating agency such as the Family Online Safety Institute (FOSI), formally known as the Internet Content Rating Association (ICRA) (www.fosi.org/icra).

Appendix G: Changes to Internet Acceptable Use Policy.

We reserve the right to change this AUP from time to time. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on the Freewire website.