Invictanet Limited, Acceptable Use Policy (AUP).

1. INTENTIONS AND CONDITIONS OF AUP:

a) This Acceptable Use Policy (AUP) is intended to protect the Customers and the Internet community from the inappropriate use of the Internet, and must be read in conjunction with our Terms and Conditions, and may be subject to change at any time without prior notice at the sole discretion of the Company.

b) It is the responsibility of the Customer to ensure that they comply with the most up-to-date version of this AUP at all times. The latest version of this document can be found at https://www.invicta.net

c) In the event of a breach of this policy, The Company reserves the right to terminate the provision of Goods and/or Services with immediate effect, without recompense for unused Services, and delete any files held on our systems. Under these conditions, the Company may issue verbal or written warnings, suspend or terminate the Service, and invoice the Customer for administrative costs or reactivation charges.

2. INAPPROPRIATE USE:

a) The Customer login username and password must be kept secret and not be communicated to any third party except for agencies such as web site designers, working on the behalf of the Customer. The Company must be notified immediately if they are compromised. The Customer must keep a record of the password each time they change it. The Customer assumes all responsibility for loss of data, information in any form, and illegal activity or content howsoever caused, through action or inaction, by the disclosure of the login username and password to any third party.

b) Any use of the Service for illegal purposes is strictly prohibited. The Company will cooperate with all legal and criminal investigations by the relevant national and international authorities.

c) The Company has no obligation to monitor transmissions or web sites made through the Service. However, the Company reserves the right to monitor such transmissions at our discretion and to disclose the same to legal authorities if requested according to this AUP.

d) The Company assumes no responsibility for the content contained on the Internet or otherwise available through the Service that is pornographic or offensive.

e) The Customer assumes the risk of accessing content through the Service, and neither the Company nor any of our employees shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content.

f) Enquiries or complaints of inappropriate content should be directed to the relevant content provider e.g. the webmaster of web site in question), and not to the Company.

g) The Customer is held solely responsible for any information they have published on the Internet or other Internet Services. Measures must be implemented by the Customer to ensure that any recipient of such content or information is appropriate. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that we, in our sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such information or material or its distribution is unlawful.

h) The Customer may not disrupt the Service. The Service must not be used to interfere with computer networking or telecommunications Services or equipment to any user, host or network, including, without limitation, denial of Service (DOS) attacks, flooding of a network, overloading a service, improper seizing and abuse of operator and/or systems administrator privileges and attempts to ‘crash’ a host.

i) Whether successful or unsuccessful, any attempt to gain access to any electronic systems, networks, data or information without proper consent, is strictly prohibited.

j) The transmission or distribution of any information or software that contains a virus or other harmful feature is strictly prohibited.

k) The Customer is solely responsible for the security of any device they use to connect to the Service, including the security of any information stored on such a device. The Customer may not, through action or inaction, allow others to use their network or for their network to be configured in such a way that it gives a third party the capability to use their network in an illegal or inappropriate manner.

3. USE OF EMAIL:

a) The Company accepts no responsibility for loss of data, information in any form, or other matters whatsoever which result from the use of the Service.

b) Under normal operating conditions, the company does not limit the POP3 E-mail storage on their Servers. However, unless otherwise agreed in writing by the Invictanet Customer Services Manager, the Company reserves the right to remove E-mails that have remained on our Servers for over 60 days if additional storage is required in the event of an emergency. In this instance, the Company accepts no responsibility for the loss of data, information in any form, or other matters whatsoever which result from this action.

c) The sending of any adult material, material liable to offend, defamatory, confidential, secret or other proprietary material using the Service by the Customer is strictly prohibited. The Customer will be held solely responsible, and accept responsibility, for any material of this nature available via their email.

d) Posting unsolicited, unwanted or un-requested email messages, otherwise known as “spam” to individuals and/or groups of people is strictly prohibited, as is operating an Open Relay.

e) Abusing, harassing or making physical threats of bodily harm or destruction of property against another person or organisation via email or any other form of the Service provided by the Company is strictly prohibited.

f) Attempting to impersonate any person by adding, removing, modifying identifying, or using forged email header information, also known as ‘spoofing’, in an effort to mislead or deceive the email recipient is strictly prohibited.

g) The Customer must comply immediately with requests from the Company or from the recipient of the emails to stop sending emails to said recipients.

4. USE OF HOSTING AND WEB SPACE:

a) The Customer is solely responsible for the content on their web pages, including obtaining the legal permission for any works they include, and ensuring that the contents of these pages do not violate UK law. The trading of illegal software or pornographic material is strictly and specifically prohibited.

b) The Customer must own, or have written legal permission from the owners or proprietors of all software, data, information, materials and images or the publisher of the web site or the appropriate releases must have been obtained prior to publishing. The Company will cooperate with all relevant individuals or organisations that wish to assert their rights in matters of copyright infringement.

c) The Customer will be responsible for retaining copies of their own data. The Company will not keep backups of the Customer’s web space unless it has been agreed to as part of the Service and is provided for in the original application form signed by the Customer. The Company accepts no responsibility for loss of data, information in any form or other matters whatsoever which result from the use of this Service.

d) The posting of any material liable to be offensive, defamatory, confidential, secret or other proprietary material using the Service by the Customer is strictly prohibited. The Customer will be held solely responsible, and accept responsibility, for any material of this nature available via their web pages.

e) Abusing or making physical threats of bodily harm or destruction of property against another person or organisation via web sites hosted on the Company’s network or any other form of the Service provided by the Company is strictly prohibited.

f) The Company reserves the right to suspend temporarily or permanently any web site, or remove any information or material hosted on our network, at our sole discretion, especially if due to Clause 4(a) and 4(b). In these conditions, the Company will not be held liable for any loss.

g) The Company will not be held liable for any loss howsoever caused by data on the Customer’s web space.

h) The Company reserves the right to restrict the Service of or remove content from any web space that is deemed by the Company as being detrimental to the Services as a result of the amount of traffic generated over and above the allocation to the Service.

5. USE OF NEWSGROUPS:

a) The Company accepts no responsibility for loss of data, information in any form, or other matters whatsoever which result from the use of the Service.

b) The Customer is solely responsible for the content in their postings to newsgroups, including obtaining the legal permission for any works they include, and ensuring that the contents of these postings do not violate UK law. The trading of illegal software or pornographic material is strictly and specifically prohibited.

c) The posting of any adult material, material liable to offend, defamatory, confidential, secret or other proprietary material using the Service by the Customer is strictly prohibited. The Customer will be held solely responsible, and accept responsibility, for posting any material of this nature.

d) Posting excessive, unsolicited, unwanted or un-requested newsgroup messages, otherwise known as “spam” to one or more newsgroups is strictly prohibited.

e) Abusing, harassing or making physical threats of bodily harm or destruction of property against another person or organisation via newsgroups or any other form of the Service provided by the Company is strictly prohibited.

f) Attempting to impersonate any person by adding, removing, modifying identifying, or using forged header information, also known as ‘spoofing’, in an effort to mislead or deceive readers of the newsgroup is strictly prohibited.

g) The Company reserves the right to suspend temporarily or permanently any access by the Customer to any or all newsgroups without prior approval from the Customer, especially if the terms of this AUP are violated. In these conditions, the Company will not be held liable for any loss howsoever caused.

h) Certain newsgroups might operate their own AUP and the Customer will not hold the Company liable for any loss howsoever caused by removal of postings or message for whatever reason by the operators of the newsgroups.

6. USE OF ANTI VIRUS/SPAM:

a) The Company will not guarantee the Customer against viruses. The Company does however guarantee that all e-mails will be scanned by a minimum of two separate anti virus programs, all anti virus programs running are fully updated within 24 hours of the release date and all anti virus programs are checked for definition file updates on an hourly basis.

b) The Company will not guarantee your service against spam un-solicited e-mail). However the Company will guarantee that the mail scanning software is kept up-to-date with the latest releases.

c) Clauses 3(a) to 3(k) apply to this service.

d) The Anti Spam service will only check your inbound e-mail.

7. REPORTING ABUSE:

a) abuse@invictanet.com

All issues involving email originating from the Company’s email or network addresses should be addressed to the above email address. Customers who wish to report spam or any activity contravening the Company’s AUP, should send copies of the email along with full header information, the time, date and IP address(es), where possible, used to commit the alleged violation or the URL of the web site. This includes other suspicious activities such as port scanning or attempts to compromise or hijack network resources and virus distribution.

b) Correspondence to the abuse email addresses may not always receive a response, but the Company reserves the right to use the information received at this address to help in preventing further abuse of the Service and/or the Internet.