Acceptable Use Policy

1.   Introduction 

The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on the Datacentreplus website, this “AUP”) is designed to:

•  Protect Datacentreplus customers, users of Datacentreplus’s website, Products and Service, Datacentreplus Network and physical infrastructure and third parties.
• Further compliance with all relevant laws and regulations.
• Promote the security and availability of Datacentreplus website, Datacentreplus Network and physical infrastructure.
• Regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by Datacentreplus, its website, Datacentreplus Network and its physical infrastructure (“Datacentreplus Services”).

This AUP applies to each user that subscribes for Datacentreplus Services (“Customers”), all users of Datacentreplus Services and all users that access or utilize the Datacentreplus website, Datacentreplus Network or its physical infrastructure, whether or not such users are customers of Datacentreplus, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to Datacentreplus Network or physical infrastructure as a part of Datacentreplus Services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.

This AUP is incorporated by this reference into each Customer’s Terms of Service and Service Level Agreement. This AUP should be read in conjunction with Datacentreplus Service Level Agreement and Datacentreplus Privacy Policy. Customer’s use of the Datacentreplus website, Datacentreplus Network, the Products and Services is also subject to Customer’s acceptance and compliance with the Terms and Conditions, Privacy Policy, SLA and this AUP. Current copies of these documents may be reviewed or printed by Customer from the Datacentreplus website.  Datacentreplus reserves the right to amend or modify this AUP from time to time. A User’s use of Datacentreplus Services, Datacentreplus network and physical infrastructure after changes to the AUP are posted on the Datacentreplus website www.datacentreplus.co.uk will constitute the User’s acceptance of any such amendments or modifications.

Customers are responsible for complying with this AUP and for violations attributable to their customers and users.  Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not:

(a) Obligate Datacentreplus to monitor, review, or police the data and content residing on Datacentreplus Network.

(b) Create any obligation or duty of Datacentreplus to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Datacentreplus is not likely to be aware of any violations of this AUP or any violations of law. Datacentreplus expects all Users to notify us of any violations of law or violations of this AUP.

DATACENTREPLUS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON DATACENTREPLUS NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

2. Prohibited Content 

Users shall not allow the posting, transmission, or storage of data or content on or through Datacentreplus Services, Datacentreplus Network or its physical infrastructure which, in Datacentreplus’ sole determination, constitutes a violation of local or international law (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of Datacentreplus Services. Prohibited content includes, without limitation:

(a) Content or code that facilitates any violation of, or describe ways to violate this AUP.

(b) “harvested” addresses or information.

(c) “phishing” websites.

(d) “spamvertising” sites.
A User shall not knowingly host on its Servers, use Datacentreplus Services or transmit over Datacentreplus Network, any material believed by Datacentreplus to constitute child pornography. In addition to any other actions it may take under this AUP, Datacentreplus reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.

3.   Intellectual Property Infringement Policy 

Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, Datacentreplus Network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person.  Datacentreplus has the right to disable access to, or remove, infringing content to the extent required under any law or regulation.

If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates Datacentreplus’ Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, Datacentreplus reserves the right to:

• Suspend permanently or terminate Datacentreplus Services of such Customer;
• Suspend permanently or terminate the access to Datacentreplus, Datacentreplus Network or its physical infrastructure by such Third Party User.

4.   Network Abuse 

Users are prohibited from engaging in any activities that Datacentreplus determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:

•  Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
• Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
• Executing any form of network activity that will intercept data not intended for the Customer’s server.
• Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
• Interfering with or denying service to any user, host, or network other than the Customer’s host, such as a denial of service attack or distributed denial of service (“DDoS”) attack.
• Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
• Soliciting the performance of any illegal activity, even if the activity is not performed.
• Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
• Network and bandwidth is subject to fair usage at all times.

5.   Users’ Security Obligation 

Users must use reasonable care to ensure the security of each Server, Datacentreplus Network and its physical infrastructure.  A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer.  Datacentreplus reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt Datacentreplus Network or any hardware objects on the network as a result of a security compromise.

6.   IP Allocation

Datacentreplus owns each IP address that it assigns to a Customer.  A Customer shall not use IP addresses that were not assigned to it by Datacentreplus.  Datacentreplus reserves the right to suspend the network access of any server utilising IP addresses outside of the assigned range.

7.   E-mail and Anti-Spamming Policy 

Users may not

• Send unsolicited bulk messages over the Internet (i.e., “spamming”)
• Create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”)
• Send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”).

Users must comply with all relevant legislation and regulations on bulk and commercial e-mail.

Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Datacentreplus upon its request.  If a User cannot provide positive and verifiable proof of such consents and opt-ins, Datacentreplus will consider the mass mailing to be unsolicited.  Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:

•  Use of Datacentreplus Network for the receipt of replies to unsolicited mass e-mail.
•  Forgery of e-mail headers (“spoofing”).
•  Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
• Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
• Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
• Hosting web pages or providing services that support spam.
• Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
•  Instructing others in any activity prohibited by this AUP.

If any Customer or any Third Party User that is a customer of our Customer uses Datacentreplus Services, Datacentreplus Network or its physical infrastructure in a manner that causes Datacentreplus to be “blacklisted” or blocked, Datacentreplus reserves the right to suspend permanently or terminate the access to Datacentreplus Services,  Datacentreplus Network or its physical infrastructure.

Operating Datacentreplus Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

Block Removal – If, as a result of a Customer’s actions,  Datacentreplus’s  mail servers or IP address ranges are placed on ‘black hole’ lists or other mail filtering software systems,  Datacentreplus shall charge Customer £100 up-front and £100 per hour thereafter for any necessary remedial actions.

8.   Violations of AUP 

Datacentreplus may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion.  In addition to the remedial provisions provided elsewhere in this AUP, Datacentreplus may:

•  Disable access to a User’s content that violates this AUP.
•  Suspend or Terminate a User’s access to Datacentreplus Services, Datacentreplus Network or its physical infrastructure.
• Remove DNS records from Servers.
• Block mail or any other network service.
• Effect IP address null routing.
• Take legal action against a User to enforce compliance with this AUP.

9.   Reporting Violations 

If there is a violation of this AUP direct the information to the Abuse Department at abuse@datacentreplus.co.uk or writing to:

Datacentreplus
4 Carolina Way
Salford
M50 2ZY

If available, please provide the following information:

•  The IP address used to commit the alleged violation.
•  The date and time of the alleged violation, including the time zone or offset from GMT.
•  Evidence of the alleged violation.

If any User uses Datacentreplus Services, Datacentreplus Network or its physical infrastructure in a manner that exposes Datacentreplus to potential liability, as reasonably determined by Datacentreplus, Datacentreplus may suspend permanently or terminate the access to Datacentreplus Services, Datacentreplus Network or its physical infrastructure by such User.

The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that Datacentreplus may take to enforce and ensure compliance with this AUP.

Datacentreplus reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.