ITS Technology Group Limited and its subsidiaries (“ITS”) gives you a broadband connection to the Internet, and as such you can use it to run a great range of applications and use many new and interesting services.
We provide our service to the customer, generally the person who pays the bill. It is the responsibility of you, our customer, to make sure that anyone using the ITS service complies with this Acceptable Use Policy.
We differentiate between business use and personal use and different tariffs apply to each.
You may only use our service for commercial or business purposes if you have subscribed to one of our business tariffs. If we believe that you are using your services for business purposes without our permission, we have the right to suspend your account. For the avoidance of doubt, commercial or business use includes but is not limited to the onward provision of service to any other third party not resident at the premises to which we provide our service. Such onward use is deemed as a Wholesale service to you and is only acceptable if agreed by us in advance subject to specific terms and conditions applicable to a Wholesale Order.
ITS does not currently operate a usage cap nor does it use traffic management caps on our customer’s use of the Internet.
ITS reserve the right to implement usage caps and / or ‘traffic management caps’ on our customer’s use of the internet. In the event that a usage cap is implemented, ITS reserves the right to impose a data usage charge that will be communicated to the customer in writing or by email with at least 14 days’ notice of such introduction. Where ITS introduces a usage cap, you will be entitled to terminate the agreement on not less than three (3) months’ notice.
Some of our services may be provided over connections with a greater speed capability than you have currently purchased. This may give you the ability to exceed the speeds in our contract with you. If this occurs, ITS reserves the right to:
1. advise you that this situation is occurring and invite you to limit your use or speed, or upgrade the service;
2. upgrade and charge you accordingly if the situation continues to occur on a regular basis, having given you 7 days’ notice of this action; or
3. suspend service if neither action above is acceptable to you.
Most applications will download and upload data, and you may use applications that provide services from third parties through the Internet. That’s what we expect. However, you are responsible for the way the services are used and you are responsible for ensuring that your use of the services is within the law. You must not use the services, or allow anyone else to use the services to carry out any of the following acts:
1. Send a message or communication that is offensive, abusive, defamatory (damages someone’s reputation), obscene, menacing or illegal;
2. Cause annoyance, nuisance, inconvenience or needless worry to, or interfere with the rights of, any other person;
3. Perform any illegal activity;
4. Break, or try to break, the security of anyone else’s equipment, hardware or software;
5. Deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);
6. Upload, post, publish or transmit any information or software that is protected by copyright or other ownership rights without the permission of its owner;
7. Copy or distribute any software that we provide (but you may make a backup copy of any software that we provide for your personal use);
8. Use any Internet Protocol (IP) address that ITS has not assigned to you, our customer. You may not use the internet connection we provide to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving notice unless you have purchased a fixed IP address from us;
9. Use the services in a way that (a) risks degradation of service levels to other customers, (b) puts ITS’s systems at risk or (c) interfere with or attempt to interfere with the operation of any of ITS’s equipment or services or the Internet;
10. 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.
11. Run open mail relays or open web proxies or similar services that can allow unknown third parties to use your connection for (possibly) committing unlawful acts without your knowledge or control or which allows known third parties, not situated at the property, to piggy back off your service;
12. Modify identifying network header information in order to deceive or mislead.
This list is not exhaustive and any act which adversely affects either ITS or a 3rd party may result in ITS suspending or terminating your account.
We may receive a complaint about your use of the Internet. If it comes through a formal legal process (e.g. a Court Order) then we will follow the appropriate legal steps. However, we may receive an informal complaint about your use of the Internet (an abuse complaint to firstname.lastname@example.org) that indicates you may not be following this Acceptable Use Policy. We will contact you to investigate, but where we are required by law or to protect ITS’s interests or the interests of a 3rd party or you are not able to satisfy our investigation, then we reserve the right to suspend or terminate your service immediately.
Subject as expressly provided in this Policy, and except where the services are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where you are contracting as a Consumer, this policy does not affect your statutory rights which cannot otherwise be excluded.