ACCEPTABLE USAGE POLICY
In order to provide a professional service, we have set up a few guidelines for users of our service.
Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment
for all our customers to publish their information on the Web.
Many of our competitors do not require their customers to comply with these guidelines. If any of our
potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them
to visit one of our competitors.
Compliance 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 including but 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, database rights and registered trade marks. Customers are reminded that sharing
copyright material through the use of peer to peer software may consequently constitute a criminal
offence if done without permission of the right owner in question. TheServer.uk will co-operate with any
agency or rights holder wishing to assert their rights in these matters and TheServer.uk reserve the
right to withdraw service under such circumstances.
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 Electronic Commerce (EC Directive) Regulations 2002, TheServer.uk 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 foreign law
The Internet is global in reach. Consequently it is possible for anyone using the internet to break the
laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid
breaching relevant foreign laws.
Prohibited Uses
The customer will be responsible for the content on their server, including obtaining the legal
permission for any works they include and ensuring that the content on the server does not violate UK
law. TheServer.uk reserve the right, without notice or explanation, to remove from the network a server
which does not comply with this AUP.
The following list provides a number of general prohibited uses of the Services and/or Third Party
Services that are violations of this AUP. Please note that the following list does not represent a
comprehensive or complete list of all prohibited uses.
- Unlawful Activities: The Services
and/or Third Party Services shall not be used in violation of any criminal, civil or administrative
violation of any applicable local, state, provincial, federal, national or international law,
treaty, court order, ordinance, regulation or administrative rule. This includes, but is not limited
to:
- Unlawful gambling activities
- Threats, harassment and abuse of any individual, organization or business
- Fraudulent activities
- Terrorist websites or other sites advocating human violence and hate crimes based upon
religion, ethnicity or country of origin
- Unlawful high yield investment plans, Ponzi schemes or linking to and or advertising such
schemes
- Child Pornography: In particular, the
Services and/or Third Party Services shall not be used to publish, submit, receive, upload,
download, post, use, copy or otherwise produce, transmit, distribute or store child pornography.
- Unsolicited Email: The use of the
Services and/or Third Party Services to send or receive mass unsolicited email ("SPAM"). This
prohibition includes the direct sending and receiving of such messages, support of such messages via
web page, splash page or other related sites, or the advertisement of such services. The falsifying
of packet header, sender, or user information whether in whole or in part to mask the identity of
the sender, originator or point of origin or knowingly deleting any author attributions, legal
notices or proprietary designations or labels in a file that the Customer mails or sends.
Subscribing email addresses to any mailing list without the express and verifiable permission of the
email address owner is prohibited. All mailing lists run by TheServer.uk customers must be
Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address
owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists
of email addresses from 3rd parties for mailing to from any TheServer.uk-hosted domain, or
referencing any TheServer.uk account, is prohibited.
- Email Bombing: The sending, return,
bouncing or forwarding of email to specified user(s) in an attempt to interfere with or overflow
email services.
- Proxy Email: The use of the Services and/or Third
Party Services as a proxy email server to forward email to unrelated Third Parties.
- UseNet SPAM: The use of Services to
send, receive, forward, or post UseNet unsolicited email or posts. This includes UseNet services
located within the TheServer.uk network or unrelated networks of Third Parties.
- Hacking: The use of the Services and/or
Third Party Services or hacking, attacking, gaining access to, breaching, circumventing or testing
the vulnerability of the user authentication or security of any host, network, server, personal
computer, network access and control devices, software or data without express authorization of the
owner of the system or network.
- Threatening Material or Content: The
Services and/or Third Party Services shall not be used to host, post, transmit, or retransmit any
content or material that harasses, or threatens the health or safety of others. In addition,
TheServer.uk reserves the right to decline to provide Services and/or Third Party Services if the
content is determined by TheServer.uk to be obscene, indecent, hateful, malicious, racist,
defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence
or otherwise harmful to others.
- Violation of Intellectual Property Rights: The
Services and/or Third Party Services shall not be used to publish, submit/receive, upload/download,
post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any
content/material or to engage in any activity that infringes, misappropriates or otherwise violates
the intellectual property rights or privacy or publicity rights of TheServer.uk or any other party,
including but not limited to any rights protected by any copyright, patent, trademark laws, trade
secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual
property right now known or later recognized by statute, judicial decision or regulation.
- Distribution of Malware: The storage,
distribution, fabrication, or use of malware, including without limitation, virus software, root
kits, password crackers, adware, key stroke capture programs and other programs normally used in
malicious activity is prohibited. The use of such programs in the normal ordinary course of
business, however, may be requested by Customer and approved by TheServer.uk on a case by case
basis. Example: Security company using the Services to analyze the latest root kit for new security
analysis/software.
- Phishing: Any activity designed to
collect personal information (name, account numbers, usernames, passwords, etc.) under false
pretense. Splash pages, phishing forms, email distribution, proxy email or any activity related to
phishing activities may result in the immediate suspension of Customer’s account.
- Denial of Service: Any activity to
implement or assist in the implementation of denial of service attack. TheServer.uk absolutely
prohibits the use of Services for the origination, propagation or control of denial of service
attacks ("DoS") or distributed denial of service attacks ("DDoS"). Customers may not utilize the
Services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing)
which may result in attracting inbound denial of service attacks toward the Services. Any relation
to DoS or DDoS type activity is a direct violation of TheServer.uk’s AUP.
Important notice
A Subscriber hosting websites or services on Subscriber's server supporting spammers or resulting in any
of TheServer.uk IP Addresses to be listed in any of the various Spam Databases or black hole lists will
have its service immediately TERMINATED without any warning.
Right To Refuse Service
TheServer.uk reserves the right to refuse service to anyone for any reason. We enforce this policy to
ensure a professional environments for the users of our network.
