Acceptable Use Policy

Introduction

This customer acceptable use policy defines Innovate’s policy that is designed to protect Innovate, its customers (“Customers”) and any other persons, parties or entities on the Internet from any negative impact caused by inappropriate activities. All Customers shall adhere to this policy and are subject to the terms and conditions herein.

Innovate reserves the right to perform activities to audit, test, and investigate the security of Customer sites in an effort to ensure that security protections are maintained and that Customer sites do not bypass, or allow others to bypass, Innovate security controls.

If, in its sole discretion, Innovate believes that systems located within Innovate facilities or Server environments are being used in an unlawful or improper manner (whether civil or criminal) or for unlawful or improper activities, Innovate will fully cooperate with civil- and criminal-enforcement authorities conducting investigations of such use or activities. Innovate will also support the investigation of the prohibited activities listed below and any other activities that Innovate, in its sole discretion, believes impact the operation or security of Innovate, Customers or other systems accessible by Customers or Customers’ clients or users.

Acceptable Use

Customers have access to and perform management activities on their systems, data and content. Customers are responsible for ensuring that these activities do not impose risks to, or negative impacts on, Innovate, Customers or other sites or systems. Customers are also responsible for adhering to all local, UK and international laws and regulations relating to Customer operations.

Because Innovate relies on a shared infrastructure to support Customers, it is necessary that Innovate set policies and standards associated with how each site is secured and used. The compromise of one Customer site may result in an impact on Innovate or other Customers. Therefore, all Customers shall adhere to all applicable Innovate policies and standards.

Prohibited Activities

Each Customer is responsible for ensuring that it does not allow its systems hosted by Innovate to be used for any of the following purposes:

  1. gaining, or attempting to gain, unauthorised access to any system that does not belong to the Customer;
  2. sending unsolicited e-mail or other messages or communication in any form (e.g., spam);
  3. altering, defacing or otherwise causing any unauthorised or unapproved modification of any system belonging to Innovate, another Customer or any other system on the Internet;
  4. storing, transmitting or processing material in a manner that violates intellectual-property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents and trademarks;
  5. violating the privacy rights of others, including, without limitation, the collection of information about individuals without their knowledge or consent, except as allowed by applicable laws and regulations;
  6. transmitting or storing any material that is unlawful, obscene, harassing, libelous, abusive or hateful; that encourages unlawful acts; or that may be interpreted as violating the civil rights of others;
  7. storing or transmitting material that violates local, UK or international laws or regulations;
  8. engaging in, or permitting, any activity that leads to a degradation or denial of service for Innovate, another Customer or any other system or site on the Internet;
  9. violating the rules or policies of any other hosting provider, message service, chat room, bulletin board, newsgroup or similar system, service or provider;
  10. intentionally, recklessly or negligently omitting, forging, deleting or misrepresenting transmission information—including, without limitation, headers, return-address information and IP addresses—that is intended to cloak or hide the identity or source of information transmitted by the Customer’s systems, customers or users; or
  11. engaging in, or permitting, any activity that results in the overutilisation of power circuits.

Customers are prohibited from assisting any persons in using Customer systems located at Innovate to engage in any of the activities listed above. If a Customer becomes aware of any such activity, the Customer must remedy the situation immediately. The Customer shall also notify Innovate, by telephone within four hours and in writing within 24 hours, of the detection of a violation by such Customer or its agents.

Each Customer is responsible for ensuring that security controls are not circumvented by way of actions taken by it or individuals accessing such Customer’s systems.

Each Customer shall not:

  1. configure its systems to bypass security controls, including, without limitation, the installation of programs or services that allow the systems to be managed or accessed insecurely or through unauthorised means;
  2. conduct online security audits or tests against or through Innovate systems or networks without coordination with and the explicit, written consent of an authorised officer of Innovate;
  3. gain, or attempt to gain, unauthorised access to Innovate networking, security, management, backup, storage or monitoring systems;
  4. install programs or configure systems to allow the monitoring, or “sniffing,” of data traveling over a shared network;
  5. access, or attempt to access, security-relevant information, such as password files that may, among other things, be used to gain unauthorised access to system accounts;
  6. install or use software for the purpose of cracking encrypted data, including, without limitation, stored passwords; or
  7. remove or disable security software or services, including, without limitation anti-virus software, logging utilities or authentication services.

Each Customer is also responsible for any misuse of accounts on its systems located at Innovate.

Each Customer must implement measures and procedures to ensure that its accounts are not accessed or used in an unauthorised manner, including, without limitation, the following.

  • Each Customer must maintain, and provide Innovate with, a list of authorised individuals and accounts that are permitted to remotely access such Customer’s systems hosted by Innovate.
  • Each Customer must notify Innovate in writing if a user no longer requires remote access to such Customer’s site. To ensure that access is deleted on time, Innovate must receive this notification at least five business days in advance of the date that the access is no longer needed by that individual.
  • Remote-access accounts shall not be transferred from one individual to another, nor shall they be shared between individuals. Each user shall have an individual remote-access account that uniquely and accurately identifies the owner of the account.

Each Customer assumes all responsibility for the consequences of the use of its accounts by an unauthorised individual.

Violations and Remedies

Innovate reserves the right to suspend or terminate at any time the account of any Customer that, in the sole discretion of Innovate, fails to adhere to any of these policies, as they are described from time to time at www.Innovate.uk.com. Innovate has the right to seek legal remedies for any damages, costs or expenses that may be incurred as a result of a violation of any of these policies by or through a Customer.

Depending on the nature of the violation or alleged violation, Innovate may be notified of violations in a number of ways, including by an external organisation, agency, entity or individual that is affected by the activities of a Customer or, when a violation is detected internally, by a source within Innovate.

Innovate retains the sole right to determine whether a violation of this policy has occurred. In general, Innovate will attempt to work with Customers to address violations of this policy in accordance with the steps outlined below but is not required to do so. However, based on the severity of the violation or the number or nature of complaints received, Innovate, in its sole discretion, has the absolute right to immediately terminate service.

First Violation

Upon notification of a violation, Innovate will attempt to contact the Customer and describe the violation. In general, the Customer contact will be called by telephone with the information. Innovate and the Customer will define a specific timeframe within which the Customer must rectify the violation. A letter may be sent to the Customer contact formally notifying it of the violation and setting forth the time frame for the Customer to remedy the violation. If, in Innovate’s sole discretion, the violation or complained-of violation is such that Innovate elects not, or is unable, to contact the Customer, Innovate may take whatever steps it deems appropriate under the circumstances.

Second Violation

If the same or similar violation occurs or is complained of a second time and the timeframe for remediation of the initial violation has expired, Innovate will again attempt to contact the Customer to describe the violation. In general, the Customer contact will be contacted by telephone with this information. If, in Innovate’s sole discretion, the violation or complained-of violation is such that Innovate elects not, or is unable, to contact the Customer, Innovate may take whatever steps it deems appropriate under the circumstances. Innovate and the Customer will again define a specific timeframe within which the Customer must rectify the violation. A letter will again be sent to the Customer contact notifying it that the violation has occurred again and setting forth the timeframe for the Customer to remedy the violation. Innovate will bill the Customer £1,000 to cover Innovate’s administrative costs associated with managing this effort.

Third Violation

If the same or similar violation occurs or is complained of for a third time and the timeframe for addressing the second violation has expired, Innovate will again attempt to contact the Customer describing the violation. In general, the Customer contact will be called by telephone with this information. Innovate and the Customer will define a specific timeframe within which the Customer must rectify the violation. A letter will again be sent to the Customer contact notifying Customer that the violation has occurred again and setting forth the time frame for the Customer to remedy the violation. Innovate will bill the Customer £5,000 to cover Innovate’s administrative costs associated with managing this effort. If, in Innovate’s sole discretion, the violation or complained-of violation is such that Innovate elects not, or is unable, to contact the Customer, Innovate may take whatever steps it deems appropriate under the circumstances. If a third violation relates to the overutilisation of power, then, in addition to all other remedies outlined in this policy, Innovate shall further bill the Customer an additional £100 per day per over utilised circuit.

In all instances, each Customer remains responsible for performing all of its obligations under applicable Master Services Agreements and Schedules and for paying all fees billed by Innovate, including, without limitation, monthly service fees and termination fees. If the violation is not remedied by the agreed-upon timeframe, Innovate has the right to terminate or suspend services to the Customer. Innovate retains the sole right and discretion to permanently terminate services to the Customer or to resume service upon remedy of the violation and to obtain whatever assurances Innovate requires from Customer that the violation will not repeat. If, in Innovate’s sole discretion, the violation or alleged violation is such that Innovate elects not, or is unable, to contact the Customer, Innovate shall take the steps it deems appropriate under the circumstances without regard to whether the violation is a first, second or third violation.

Notwithstanding anything to the contrary herein, Innovate reserves the right to immediately suspend any Services without notice to, or approval from, Customer if Innovate, in its sole discretion, deems such suspension necessary to protect its systems, facilities or interests or those of its customers or third parties, including, without limitation, in response to any perceived threat of a computer virus, exploit scripts or other malicious software or denial-of-service attack (in each case, from any source) on Innovate’s computer systems or network; provided, however, that Innovate will use commercially reasonable efforts to notify Customer prior to such suspension.

General Terms and Conditions Regarding this Policy

THE CUSTOMER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. From time to time, Innovate may modify this policy. By using the Innovate services or facilities after any such modifications, the Customer agrees to those modifications. If at any time the Customer chooses not to accept this policy, the Customer agrees to discontinue use of such services or facilities subject to the Termination clauses set out in the Master Services Agreement.

Please send reports of any violations of this acceptable-use policy to abuse@Innovate.uk.com

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