Introduction

 

For the Internet to operate in a manner that satisfies the majority of its users, all users need to observe some rules and etiquette governing their use of it. These requirements are usually contained or referred to in the relevant terms and conditions governing the particular internet service as well as general law. Orbex Solutions customers must ensure that they know what these requirements are and how they are affected by them.

To enable its customers to have a better understanding of what is and is not acceptable when using the internet, and to help you get the best out of the internet, Orbex has developed a number of Acceptable Usage Policies (AUPs) relating to internet services. Complying with these AUPs, which is a contractual requirement, should help you benefit from safer surfing and minimize the risk of suffering online abuse.

Orbex AUPs are based on current best internet industry practice and draw on the collective experience of users and service providers across the internet community. We may change the AUPs from time to time. To make the most of the guidance contained in the AUPs, please keep up to date with changes and look at them on a regular basis. We hope you will find them useful and informative.

 

A guide to avoiding abuse while connected to the internet

 

Common sense

There are also some simple common sense checks which all customers can implement. For example, making sure that the computer is dialing the whole number, including the area code, will reduce the Possibility of other people receiving unwanted calls.

Legal compliance

The internet is a global medium and is regulated by the laws of many different countries. Material which is illegal in this country may be legal in another, and vice versa. As a user in this country, for example, you should not access sites carrying child pornography, hardcore pornography or incitement to violence. These are just three examples of unlawful material and there are many others. When you visit a website, a copy of the visited pages is stored on your PC in the web browsers’ cache files. Storage of illegal material in this way may well constitute a criminal offence. If you are in any doubt, we recommend you to take independent legal advice.

To connect to any of Orbex online services, you will use a telephone (PSTN) line, ISDN line or ADSL. While connected to the internet, you must comply with legal requirements concerning telephone network (mis)use. Set out below is a self-explanatory extract from the Telecommunications Act. As you can see, network misuse is a serious criminal offence which can lead to fines and/or imprisonment.

“Improper use of public telecommunication System“

A person who;

 

• Sends by means of a public communication system, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character.
• Sends by those means, for the purpose of causing annoyance, inconvenience or needless anxiety to another, a message that he knows to be false or persistently makes use for that purpose of a public telecommunication system, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine…..or both.

 

Avoiding abuse while connected to the internet

Taking the following steps should help you to protect yourself from becoming a victim of abuse while connected to the internet.

Ensure that you are running a good quality virus detection application. The majority of these applications have the ability to detect hackers as well as viruses.

Hackers are people who try to hack into your computer to either cause mischief or find your passwords and usernames. You should be aware that some hackers have the ability to seriously damage your computer system.

If you keep sensitive information on your computer, it is worth using encryption software to protect it. While connected, do not publicize your IP address. This is the unique ID that your ISP allocates you while you are connected to the internet. This is especially important if you are using applications such as CHAT, IRC (internet relay chat) or video conferencing using a directory service. A majority of people spend their online time finding internet software applications to run while online. Be careful what you install. Before installing software of unknown origin, ask yourself whether you trust the writer/source. Most computer viruses and Trojans are installed unknowingly while installing shareware or freeware applications that are supposedly designed to make your life easier. If in doubt, don’t do it!

Sharing log-on details

Orbex Solutions prohibits customers from sharing details.

Port scanning

Orbex Solutions prohibits the use of port scanning software on its services.

Sharing internet access on a private network and running personal SMTP mail servers

Some methods of sharing internet access or applications expose your external internet connection to other internet users, and enable them to send unsolicited bulk emails via your computer (known as spam).

As Orbex does not block any ports it is vital that you configure your network securely, you are fully responsible for security in your own network and failure to secure it properly will result in your disconnection from Orbex Solutions services.

Why is there a need for a Fair Usage Policy?

Orbex Solutions is committed to providing their customers with a high quality broadband service suitable for typical business use, at a competitive price.

To achieve this, Orbex has an IP network that only carries data for businesses (which send and receive far less data than residential users, subsequently using less bandwidth). We manage and monitor the available bandwidth carefully and very closely. As with all broadband offerings the available bandwidth is contended across all users. If a group of users uses a disproportionately large amount of bandwidth (i.e. through download or transfer) then this may:

 

• Negatively impact the available bandwidth for the rest of the users
• Potentially degrade the service for all users
• Drive up the cost of delivering the service to the aggregated Orbex customer base

 

As Orbex Solutions provides a mixture of capped or metered (where we charge for the excess amount used above the stated capped limit) as well as unlimited or un-metered services (where we do not charge for the total amount of data transferred) it is important that we ensure that all customers use the service fairly. Ultimately providing a poor quality of service is not an option for us, so unfair and disproportionate use of the Orbex service would lead to an increase in prices across all users. So as to ensure a high quality service at a competitive price, a Fair Usage Policy applies to all users.

If a customer’s usage is continually excessive, unfair, inappropriate, affects other users enjoyment of our broadband service, or is not consistent with the usage we would typically expect on the customer’s current package, we reserve the right to upgrade customers to a package more suited for their usage or, in extreme cases, suspend or terminate their ability to access Orbex Solutions broadband services.

How will this policy affect customers?

Customers that will be affected by this policy are those using significantly higher levels of network capacity. This may be because they are abusing the terms of the service and are sending large volumes of spam email are using file sharing software such as peer-to-peer; or are excessive users of binary newsgroups (Usenet). Such software is normally used for residential applications, and is used to send and receive large files (typically music and videos) and is normally left running throughout the day. This unreasonable use of the internet uses a massive amount of bandwidth and in many cases is illegal as it breaches copyright and intellectual property legislation. Under our terms and conditions, any illegal use of the service will be a breach of contract and will allow us to end the service.

Customers using their broadband service for sending emails, browsing webpages and other typical business applications will not be affected.

In order to maintain a business grade service, residential applications such as these should not be used.

What is the policy?

If the cap has been selected as part of the service, the fair usage has been set in specific broadband contract with Orbex Solutions.

Should any user exceed their cap, Orbex Solutions reserves the right to charge the customer for any usage over and above agreed level.

Usage charges when capped level exceeded

If the broadband service is caped Orbex will measure data usage at the end of each calendar month. In the event data usage has exceeded any specified cap, usage charges will be calculated and applied in the next customer bill.

What affect will restricting a customer’s service have?

The customer will experience a slowing down of their service. The extent of this degradation will depend on what the customer is doing and how many users are connected to the service. If a small number of users are web browsing and reading emails, they will notice a slowing of the service. If on the other hand they are using peer-to-peer or file sharing software, or they are downloading files from the internet or an external server, they will experience a significantly slower service.

Appeals

Please email support@orbex.co.uk to register an appeal against our decision.

Persistent heavy usage or illegal activities

Orbex Solutions will monitor the data usage on a monthly basis. Should any user persistently exceed their cap (if the is the cap is agreed) for three consecutive months, we reserve the right to terminate the connection and contract.

If the customer is not willing to pay for the excess usage, then the customer’s service will be restricted – we will make available less bandwidth for the customer to use. This restriction will be placed on their service until the first working day of the next month.

Webspace – Acceptable Use Policy (AUP)

Introduction

The following AUP contains rules governing the use by customers of Orbex webspace services. It is based on current ‘best internet industry practice’ and draws on the collective experience of webspace users, service providers and the owners and administrators of computer networks which are connected to form the World Wide Web.

Orbex cannot and does not proactively monitor content on its customers’ websites and therefore cannot and does not guarantee that all such websites are free of illegal material or other content considered unacceptable (abusive) by the internet community.

Illegal activities

You must not have any illegal material on your website or link to content that is illegal. You should be aware that as the internet is a global network, some activities/material which may be legal in the UK may be illegal elsewhere in the world and vice versa, and you could risk being prosecuted in another country if you publish what is illegal in that country. If you are in doubt, don’t do it and take independent legal advice before proceeding. You must not incite disorder or publish any material which would amount to instructions concerning illegal activities. You must not publish content, or link to content in which you do not own the rights, without the permission of the owner of the relevant rights.

Unacceptable behavior

It is not always obvious whether an activity is innocent, inadvertent or intentional, but generally webspace users should be aware that what is unacceptable (and possibly illegal) offline (oral or written), applies equally online.

Avoid content that may offend. If you have any doubt about the suitability of your content to others, in particular to children, you must give a warning page before reaching the content. If in doubt, don’t do it and take independent legal advice before proceeding. Particular care should be taken to avoid any material which is offensive or discriminatory to people on grounds of gender, race, color, disability, religion or belief, age or other similar category.

Orbex Solutions will not make any logs or details of who visited your site available.

 

• You must ensure that your index.htm or default.htm file (the first to be viewed on a site) does not contain any material liable to offend. A clearly readable warning page must be displayed before any adult material is displayed.
• You must not use your webspace to cause annoyance, inconvenience, offence or needless anxiety.
• You must not publicize the personal details of others without their consent.
• You must not use your website to advertise, distribute (or link to another webpage containing) virus creation software, email spamming software or port scanning software.
• Your homepage’s site may not be used to distribute or advertise any of the following:
• Software for sending spam (excessive news postings, bulk emails etc.).
• Software for port scanning, virus creation, hacking or any other illegal or antisocial activity.
• Lists of email addresses except where all the addressees have given their explicit permission.
• Any collection of personal data other than in accordance with all applicable data protection legislation.
• Links to websites hosting illegal content, including adult material
• You must not advertise your homepages or websites, or cause another person to advertise it, by techniques that would be classified as abuse, e.g. bulk emailing and excessive news posting.

 

Security

You must not share the password for your webspace. Your passwords are your responsibility, and must not be disclosed to any third party. This is also important for your own protection.

What action will Orbex take?

Compliance with this Acceptable Use Policy is a contractual requirement. If you fail to do so, your service may be suspended or terminated.

Offending material may be removed without prior notice/ explanation. Customers who engage in abusive behavior will be notified that their behavior is unacceptable and may have their accounts suspended or terminated.

If we find out that you are using our webspace service for illegal purposes, we may involve Orbex investigations team and we may ultimately notify the police. If we receive a court order requesting us to reveal your identity to someone complaining that you have used this service abusively, we will do so.

Account restoration

A suspended account may be restored, at Orbex Solutions discretion, upon receipt of a written undertaking by the abuser not to commit any future abuse. However, Orbex will consider all cases on their individual merits.

 

18. Along with the above Use Policy Full Orbex Solutions Terms & Condition apply as published on the website: https://orbex.co.uk/terms_and_conditions.php