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BAVIS' AUP And TOS - Acceptable Use Policy And Terms of Service

Acceptable use policy

BAVIS' Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what BAVIS expects of them while using the service.

All users of BAVIS' services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of BAVIS' Service constitutes acceptance and agreement to BAVIS' AUP as well as BAVIS' TOS (Terms of Service).

IMPORTANT NOTICE:
*All Payments To BAVIS may be deemed Non-Refundable under violation of the AUP / TOS*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.

BAVIS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your BAVIS account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This document is intended to provide a basic understanding of BAVIS' Acceptable Use Policy. The following are guidelines for the establishment and enforcement of BAVIS' AUP:
* Ensure reliable service to our customers
* Ensure security and privacy of our systems and network, as well as the networks and systems of others
* Comply with existing laws
* Maintain our reputation as a responsible service provider
* Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
* Preserve the value of Internet resources as a conduit for free expression and exchange of information
* Preserve the privacy and security of individual users

BAVIS intends to provide its customers access to everything the Internet has to offer. While BAVIS is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both BAVIS and the Internet cannot be permitted under the guise of free speech.

The resources of BAVIS and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your server or virtual site to publish material, which BAVIS determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a BAVIS account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to ;enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at: auptos@bavis.co.uk

VIOLATIONS OF BAVIS' ACCEPTABLE USE POLICY

The following constitute violations of this AUP:
1. Illegal use - BAVIS' services may not be used for illegal purposes, or in support of illegal activities. BAVIS reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors - Use of BAVIS' service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Any account found to host child pornography or linking to the same will be removed from our network immediately without notice. Upon a second violation the account will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the appropriate law enforcement agency. Any account found to host "Lolita" type content or linking to the same will be given one hour to remove the offending content/domain. Upon a second violation the account will be removed from our network immediately without notice. Subsequent violations can result in the termination of the server without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be underage content will result in the same penalties. All violations will be reported to the appropriate law enforcement agency. Underage is anyone that is not able to sign a legal binding contract, in the United Kingdom (UK) and the United States (US) this is 18 years old.
3. Threats - Use of BAVIS' service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment - Use of BAVIS' service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity - Use of BAVIS' service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
6. Forgery or impersonation - Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM) - BAVIS' servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM/illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we will immediately, without warning, disable your account. In addition, we will impose a UK£75 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

IMPORTANT NOTICE - BEGINNING IMMEDIATELY

Any website that supports spammers or causes any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

8. E-mail / News Bombing - Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending BAVIS account.
9. E-mail / Message Forging - Forging any message header, in part or whole, of any electronic transmission, originating or passing through BAVIS' service is in violation of this AUP.
10. Usenet Spamming - BAVIS has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access - Use of BAVIS' service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BAVIS' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
12. Copyright or trademark infringement - Use of BAVIS' service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmition of copyrighted software.
13. Collection of personal data - Use of BAVIS' service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is violation of this AUP.
14. Network disruptions and unfriendly activity - Use of BAVIS' service for any activity which affects the ability of other people or systems to use BAVIS' Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. BAVIS will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Net Send Spam - The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.
16. Fraud - Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
17. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right - Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
18. Distribution of Viruses - Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
19. Third Party Accountability - BAVIS subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
20. Violation Of BAVIS' Virtual Accounts - It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
21. Domains Chargeback Resolution - If the charge for a domain or set of domains is charged back, BAVIS has the right to take control of the domain or set of domains that was paid for by the disputed charge. BAVIS will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.
22. Peer to Peer Software (File Sharing) - The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on BAVIS' service is prohibited. Use of such software could result in suspension of service.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. here-fore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
* Your password provides access to your account. It is your responsibility to keep your password secure.
* Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
* Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
* You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
* You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks.
* Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
* You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
* Users who violate systems or network security may incur criminal or civil liability.

BAVIS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

BAVIS accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of BAVIS' systems or networks. BAVIS reserves the right to terminate or limit such activities.

REVISIONS TO THIS ACCEPTABLE USE POLICY

BAVIS reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

BAVIS ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of BAVIS' Service constitutes acceptance and agreement to BAVIS' AUP as well as BAVIS' TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of BAVIS and the AUP (Acceptable Use Policy).

The AUP may be changed from time to time at the discretion of the Company. The subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the United Kingdom (UK).
1. Disclosure to Law Enforcement - The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition BAVIS shall have the right to terminate all service set forth in this Agreement.
2. Service Rates - The Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. The Subscriber is also aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon the Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.
3. Payment - Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service or, on the annual renewal date in case of services purchased annually.
4. Payments and Fees - Checks and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of BAVIS. Accounts not paid by the due date may be subject to a late fee at the sole discretion of BAVIS. If you desire to cancel your account, please:Contact the Billing Department through the contact page30 days before expiry of the account. Failure to request cancellation can and will result in services being billed and payable for the next period.
5. Refund and Disputes - All payments to BAVIS are non-refundable. This includes any one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in BAVIS' sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay BAVIS an "Administrative Fee" of not less than UK£25 and not more than UK£125.
6. Failure to Pay - The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation - Requests for canceling accounts may only be made through:The Billing Department on the contact pageOnly the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, the customer will automatically be billed for any excess usage during the then-current calendar month.
8. Survace Interruption - the Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. The Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Subscriber for services during the period that the damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts - All new accounts involving new domains will be set up and entered into our DNS servers within 48 hours of receipt of request for this service. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
10. Transfer of Domains - New accounts which involve the transfer of a domain from another provider to BAVIS will require a minimum of 7 days to be set up and entered into our DNS servers. In some cases, such transfers may take up to 28 days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by BAVIS on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries - BAVIS provides 12 x 7 ticketed technical support to our subscribers and telephone support is available on request. After hours phone support for non emergencies is charged at UK£10 per incident plus hourly charges where applicable. We limit our technical support to our area of expertise. The following is our guidelines when providing support:
BAVIS provides support related to your server or virtual site physical functioning. BAVIS does not offer tech support for application specific issues such as cgi programming, html or any other such issue. BAVIS does not provide technical support for YOUR customers. If you can access our website, we encourage you to:Contact the support team through the contact pageFor assistance. Also, the Help files in the program you are using may have the answer to your question so please do investigate these resources and:Contact the support team through the contact pageBefore aranging a telephone call.
12. SPAM and Unsolicited Commercial Email (UCE) - BAVIS takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of BAVIS may not use or permit others to use our network to transact in UCE. Customers of BAVIS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination.
A) Violation of this policy carries severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers. Violation of BAVIS' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BAVIS will initiate an immediate investigation (within 48 hours of notification). During the investigation, BAVIS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BAVIS may, at its sole discretion, restrict, suspend or terminate customer's account. Further, BAVIS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BAVIS will notify law enforcement officials if the violation is believed to be a criminal offense.
B) First violations of this policy will result in an "Administrative Fee" of UK£125 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of UK£250 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed UK£85 per hour that BAVIS personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
C) As our Customers are ultimately responsible for the actions of their clients over the BAVIS network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE - BEGINNING IMMEDIATELY

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.