Position One Ltd (hereafter "the Company" or "we" or "us") has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers in order to provide high speed, high availability services and to ensure that the Company complies with all relevant UK laws.

This AUP must be read in conjunction with our Terms and Conditions and Conditions for The Supply of Hosting Services.


Introduction

It is the responsibility of all the Company hosting customers to ensure that they comply with the latest edition of the AUP at any given time. This AUP may be revised, without notice, at any time, at the sole discretion of the Company. Completion of the relevant form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP. In the event of a breach of this policy, the Company reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers. If you have any questions about any of our policies, please contact us at info@positionone.co.uk


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.

The Company will cooperate with any agency or rights holder wishing to assert their rights in these matters and the Company reserves 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, the Company 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.


Warranties and Disclaimers

Our service warranties and the extent of our liability are explained fully in our Terms and Conditions. By connecting to the Company hosting services, Customers agree to hold the Company harmless in the event of any legal claim regarding our services.


Irresponsible usage

The Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. The Company deems irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail (“spamming”), attempting to breach the security of a 3rd party machine, and flooding Usenet by placing a single post in a large number of newsgroups.

In the event that a customer’s services are used for any purpose that the Company deem irresponsible then the Company reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, the Company reserve the right to terminate the customer’s account with immediate effect. Wherever possible the customer will be notified in advance of any termination.


Security and privacy

Login names and passwords must be kept secret and not be communicated to any third party. the Company must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed.

Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.


Last updated: 2 June 2015