Unless expressly stated otherwise the following definitions shall apply to the terms used in this Online Conduct Policy, or OCP:
“Client” means the Client as specified under the Agreement for the Provision of Services (hereafter the “Agreement”);
“Supplier” means Europoint Communications Ltd, 30 Belmont Avenue, Breaston, Derbys, DE72 3AA; Company Number: 03573652;
“Hosting Service” means the service provided to the Client by the Supplier to enable the hosting of the Client’s Website on the Server as specified under the Agreement;
“OCP” – means the On-Line Conduct Policy;
Online Conduct Policy
As a provider of Website hosting, internet access, and other internet-related services, the Supplier offers its Clients the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. The Supplier respects that the internet provides a forum for free and open discussion and dissemination of information, however when there are competing interests at issue, the Supplier reserves the right to take certain preventative or corrective actions. To protect these competing interests, the Supplier has developed an OCP, which supplements and explains certain terms of each Client’s respective Agreements and is intended as a guide to the Client’s rights and obligations when utilising the Hosting Service.
This OCP will be revised from time to time. A Client’s use of the Hosting Service after changes to the OCP are posted on Supplier’s Website (https://www.europoint.uk/OCP) will constitute the Client’s acceptance of any new or additional terms of the OCP that result from those changes.
The Supplier does not review, edit, censor, or take responsibility for any information its Clients may create. However, because the information created by Clients may harm the Supplier’s reputation and operations, the following activities are prohibited:
- Spamming – Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on public attitudes toward the Supplier, but also because it can overload the Supplier’s network and disrupt service to the Supplier, other Clients, and general users. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, the Supplier has the discretion to determine from all the evidence whether the e-mail recipients were from an ‘opt-in’ e-mail list.
- Intellectual Property Violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. The Supplier is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is the Supplier’s policy to terminate the privileges of Clients who commit repeat violations of copyright laws.
- Obscene Speech or Materials – Using the Supplier’s network to advertise, transmit, store, post, display, or otherwise make available any form of pornography or obscene speech or material. The Supplier is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the Supplier’s network.
- Defamatory or Abusive Language – Using the Supplier’s network to transmit or post defamatory, harassing, abusive, or threatening language.
- Forging of Headers – Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Illegal or Unauthorised Access to Other Computers or Networks – Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as ‘hacking’). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- Distribution of Computer Viruses, Worms, Trojan Horses, or Other Destructive Activities – Distributing information regarding the creation of and sending Computer Viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- Facilitating a Violation of this OCP – Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this OCP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- Other Illegal Activities – Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
- Other Activities – Engaging in activities, whether lawful or unlawful, that the Supplier determines to be harmful to its members, operations, reputation, goodwill, or public relations.
The Supplier will not, as an ordinary practice, monitor the communications of its Clients to ensure that they comply with the Supplier’s policy or applicable law. However, when the Supplier becomes aware of harmful activities it may take any action to stop the harmful activity, including but not limited to removing information, shutting down a Client’s Website, implementing screening software designed to block offending transmissions, denying access to the internet, or take any other action it deems appropriate in accordance with the Agreement.
The Supplier also is concerned with the privacy of on-line communications and Websites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone services, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, the Supplier urges its Clients to assume that all their on-line communications are insecure. The Supplier cannot take any responsibility for the security of information transmitted over the Supplier’s facilities.
The Supplier will not intentionally monitor private electronic mail messages sent or received by its Clients unless required to do so by law, governmental authority, or when public safety is at stake. The Supplier may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, the Supplier may disclose information, including but not limited to information concerning a Client, a transmission made using our network, or a Website, in order to comply with a court order, summons, discovery request, warrant, statute, regulation, or governmental request. The Supplier assumes no obligation to inform the Client that such information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, the Supplier may disclose Client information or information transmitted over its network where necessary to the Supplier and others from harm, or where such disclosure is necessary to the proper operation of the system.
The Supplier wishes to emphasise that in signing the Agreement, Clients indemnify the Supplier for any violation of the Agreement, law, or the Supplier’s policy, that results in loss to the Supplier or the bringing of any claim against the Supplier by any third-party. This means that if the Supplier is sued because of a Client’s or customer of a Client’s activity, the Client will pay any damages awarded against the Supplier, plus costs and legal fees.