Cable & Wireless provides to business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting arrangements, ATM, Frame Relay, fixed and mobile voice and other data (eg: sms), online, and internet-related telecommunications services (each, a "Service" and collectively the "Services").
This Acceptable Use Policy ("AUP") defines the acceptable use of the Services with a view to ensuring quality of service and the privacy of our Customers and the integrity, security, reliability and privacy of the Cable & Wireless network, systems, products, Services, server hosting facilities and data contained therein (collectively, the "Cable & Wireless Network"). Cable & Wireless' Customers (who for the purposes of this policy, are defined as any party who purchases a Service from Cable & Wireless) are required to comply with this AUP as a condition of receiving Services from Cable & Wireless.
Cable & Wireless' Customers are solely responsible for the content and messages that they access, post, distribute or otherwise make available using the Cable & Wireless Network. Cable & Wireless encourages its Customers to self-rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org).
B. Prohibited Activities
It is contrary to Cable & Wireless policy for any of its Customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.
Each of the practices listed below (each, a "Prohibited Activity") constitute an abuse of the Cable & Wireless Network and interfere with other Customers. Such practices are prohibited.
a. Posting or sending messages substantially similar in content to 10 or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a "List");
b. Posting or sending messages, articles, or other content to a List which are off-topic according to the charter or other owner-published FAQs or descriptions of the List;
c. Publishing mail bombs, chain letters or pyramid schemes;
d. Sending unsolicited commercial messages or communications in any form ("SPAM");
e. Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to Cable & Wireless or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer's or its End Users identity or contact information;
f. Engaging in any other activity that:
g. Violates a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights);
h. Threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of 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);
i. Has the purpose of harming or attempting to harm minors in any way;
j. Attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
k. Otherwise degrades or interferes with other users' use of a Service;
l. Breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
m. Violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorised system penetrations.
n. Engaging in any of the activities listed above by using another provider's service, but channelling the activity through a Cable & Wireless account, remailer, or otherwise through a Service.
o. The use of any lewd, offensive, profane, indecent, defamatory, libelious, slanderous, obscene, abusive, menacing, threatening, immoral words and/or phrases as part of a Customer's e-mail address and/or URL (Universal Resource Locater) is strictly prohibited and Cable & Wireless will not allow the use of any e-mail address(es) and/or URL(s) which contains such material.
ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS AUP BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED A VIOLATION OF THE AUP BY SUCH CUSTOMER OR CUSTOMER'S END USER.
C. Rights and Remedies
If Cable & Wireless determines that a Customer, its representatives or its end users have breached or failed to comply with this AUP or engaged (or permitted others to engage) in a Prohibited Activity, Cable & Wireless may take such action as it deems appropriate. This may include all or any of the following:
a. Suspending and/or terminating a Customer's Service at any time;
b. Issuing of a warning to a Customer;
c. Commencing Legal proceedings against a Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of this AUP;
d. Denying 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;
e. Undertaking further legal action against a Customer;
f. In the event of illegal activities ? investigating and notifying appropriate legal authorities.
If we receive a Court Order requesting us to reveal a Customer’s identity to someone complaining that you have used the Services abusively, we will be entitled to do so. We will also be entitled to reveal your identity or other data we hold regarding your use of the Services to the police or other public authority if we are required to do so by law.
Cable & Wireless will consider all cases and complaints according to their individual merits. Cable & Wireless has the right not to take action against you even where a complaint is made against you for breach of this AUP.
Cable & Wireless reserves the right to, where feasible; implement technical mechanisms to prevent a Prohibited Activity. In addition, Cable & Wireless reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer 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 Cable & Wireless actual expenses incurred in preventing or responding to such activity.
For complaints of SPAM only: In addition to any applicable charges described above, Cable & Wireless reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified US$10.00 per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the Cable & Wireless Network (they increase Cable & Wireless costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers' mission-critical internet applications).
Nothing in this AUP limits Cable & Wireless rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.
D. Password Protection
Customers are responsible for protecting their password(s) and for any authorised or unauthorised use made of their password(s). Customers must not disclose your password or use or permit anyone to use Cable & Wireless' Service to guess passwords or access other systems or networks without written authorisation. In the event a network or network device becomes compromised, Cable & Wireless will assist in the tracking and/or expulsion of said offender on the network level to the extent Cable & Wireless considers reasonable, at its sole and absolute discretion.
E. Fair Use Policy
High Speed Internet is a shared service and the activities of some users can impact the services and bandwidth available to other users. In an ideal environment, all users would obtain an equal percentage of the available bandwidth. Unfortunately, some customers use a disproportionately greater share of the available bandwidth and, as a consequence, other users suffer a diminished experience. Particularly at peak times, data rates may be reduced by contention within Cable & Wireless? network and the public Internet.
In order to preserve the quality of our High Speed Internet services, Cable & Wireless applies a Fair Use Policy ("FUP"), to ensure that those customers using excessive bandwidth-consuming applications do not use our service to the detriment of other High Speed Internet customers.
We routinely monitor the performance of our network. However, as part of the application of the FUP we may be required to limit the amount of bandwidth available to users of applications that consume large amounts of bandwidth including downloading unusually large files. This approach will ensure a fair allocation of bandwidth to all High Speed Internet customers.
Cable & Wireless will not be liable to such user for the quality, integrity or continuation of the High Speed Internet service.
The FUP is mainly aimed to avoid any unfair disruption of services resulting from extreme peer-to-peer usage, other file-sharing software and download of very large files during peak times, we do not prevent or block the use of such applications or downloads.
If you do not use peer-to-peer or file-sharing software or if you don't download very large files continuously, then it is unlikely you will be affected by this policy.
As Cable & Wireless upgrades its broadband capabilities, users will be able to experience different type of content enabled by the higher access speeds. We may introduce explicit download limits (measured in Gigabytes) to some broadband packages in order to enable us to manage the customer experience. Obviously, we will communicate such limits as well as any available upgrade option or charges for excess usage.
F. Mobile Internet Fair Use Policy
Mobile Internet is a shared service and the activities of some users can impact the services available to other users. Mobile Internet refers to access to the World Wide Web, i.e. the use of browser-based Internet services, from a handheld mobile device, such as a smartphone, a feature phone, a tablet computer or a dongle, which are connected to a mobile network.
In an ideal environment, all users would obtain an equal percentage of the available bandwidth. Unfortunately, some users take a disproportionately greater share of the available bandwidth and, as a consequence, other users suffer a diminished experience.
In order to preserve the quality of our Mobile Internet [also known as GPRS / EDGE / HPDPA / HSPA+/ 3G / 4G / LTE] service, we are enforcing our FUP and mobile data terms and conditions through this Mobile Internet Fair Use Policy ("Mobile FUP"), effective 1 August 2012. Our Mobile FUP is intended to ensure that the few users who consume large amounts of bandwidth or download unusually large files do not use their service to the detriment of other Mobile Internet customers. Except as may otherwise be specifically permitted or prohibited for select data plans, mobile data sessions may be conducted only for the following purposes: (i) Internet browsing; and (ii) email.
Our Mobile FUP is intended to avoid any unfair disruption of services resulting from peer-to-peer ("P2P") usage, tethering of a computer over the Mobile Internet network (i.e. using your phone as a modem), other file-sharing software, and the use of VOIP on our network. If you attempt to access these applications on the Mobile Internet network, without the appropriate data plan, these applications will not work. Where a data plan is restricted to certain types of devices (for example, smartphones, tablets, or dongles), we may restrict your use of certain applications if the plan is used on another type of device. P2P usage is not permitted on any data plan.
If you do not use P2P, do not tether your computer, and do not use a dongle, file sharing software or VOIP on the Mobile Internet network, then it is unlikely you will be affected by this policy.
When selecting the plan best suited to your needs, you may find the following guidance useful as it sets out the amount of data typically used to perform popular tasks:
G. Modification of This Policy
Cable & Wireless reserves the right to update this AUP from time to time. You are expected to check this website page from time to time to take notice of any changes we make, as such updates are legally binding on you. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our site or written documents issued to you.
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