A: Kijoma - Acceptable Use Policy – Rev 1.1 - -5/01/05
(To be read in conjunction with Kijoma’s Terms and Conditions)
Introduction
We have created this Acceptable Use Policy (AUP) to protect our resources, and the resources of our customers and peering networks in order
to provide a high speed network, high availability services and to ensure that as an ISP, we comply with all relevant UK laws. This AUP must be
read in conjunction with our Terms and Conditions.
Kijoma Internet Services (Kijoma) specialises in the provision of Wireless Internet Services through the brand ‘Kijoma’ . It is the responsibility of
all users of the Kijoma network and services 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 Kijoma. Completion of the relevant application 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, Kijoma 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 the Customer Service Manager at
Cust_service@kijoma.net
Compliance with UK Law
It is an offence under UK law to transmit, receive or store certain types of files.
You may not use our services to engage in activities, or store, transfer to 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 Telecommunications Act 1984, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of
Harassment Act 1997.
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t is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and
registered trade marks. You 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. Kijoma will co-operate with any agency or rights holder wishing to
assert their rights in these matters and Kijoma reserve the right to withdraw service under such circumstances.
The Data Protection Act 1998 imposes numerous duties on users who process personal data relating to third parties. Failure to comply with
many of these duties constitutes a criminal offence. Users 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, we, as an ISP, are 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 you have 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 you to break the laws of foreign countries not withstanding that you are based in
the UK. You must 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 Kijoma network, you agree to hold Kijoma harmless in the event of any legal claim regarding our services.
Irresponsible usage
Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. Kijoma deem
irresponsible use of the connection as including, but not 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.
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n the event that a customer’s connection is used for any purpose that Kijoma deem irresponsible then we reserve the right to suspend service
while the usage is investigated in consultation with the customer. Should investigation determine that the connection has been used
irresponsibly Kijoma reserve the right to terminate the customers 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. Kijoma must be notified immediately if they are
compromised. Please keep a note of your password. If you forget or lose your password, you will need to contact support to have it changed.
Kijoma will not guarantee the security or confidentiality of any data transmitted over our network. Where security or confidentiality is required,
the customer must provide their own end-to-end security mechanism.
Internet Access
You may not transfer, give out your connection details or otherwise sublet or share it for others to use.
You are responsible for all traffic that is sent from your connection. It is therefore your responsibility to ensure that all software on your side of
the connection 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.
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f we find malicious traffic emanating from your connection, we have an obligation to our other customers and peering networks to take urgent
measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting
and suspending the account until the issue has been resolved. We understand that in many cases, you may not be responsible for or aware of
the problem, we will work with you to resolve the issue as efficiently as possible to restore normal service.
Viruses, Trojans and Firewalls
Kijoma provides a central firewall which will keep out direct attacks from the Internet to your computer (unless you have asked us to open ports
direct to your machine). We also where possible remove virus and trojan attachments from emails.
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t is however primarily the responsibility of the customer to make sure they have sufficient protection against web and email borne virus and
Trojan activity and also to educate themselves on how to minimise the chances of downloading and running malicious software.
Kijoma support can offer virus, Trojan and malware scanning services as well as education on how to avoid accidental execution of malicious
programs from the internet.
Some malicious software is capable of causing considerable damage to our network performance and if we see suspicious activity from a
customers machine we will contact them to resolve the issue and if required block access from the customer to the network until it is resolved.
To reduce the chances of infection we advise you keep your operating system and internet applications up to date and use non proprietary Web
browsers and Email clients such as Mozilla Firefox and Thunderbird instead of Internet Explorer and Outlook/Outlook express.
Peak and Off Peak
Kijoma, like all ISP’s has to pay for the bandwidth used by its customers, To minimise congestion during peak usage times and consequent
increased costs to us, we ask that you download large files (100’s of Megabytes) or large collections of files outside peak hours.
The ideal time for this is between Midnight and 8 a.m. and we encourage customers to schedule large downloads such as Linux distributions
and Service packs during this time. Failure to comply with this may result in us limiting your bandwidth usage during peak times.
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f you unsure how to schedule downloads then contact support for help with this.
VoIP
Kijoma is currently supporting the use of the Skype Voice over IP Service. Users are requested to feed back their user experiences through our
customer forum, located on their relevant intranet site. Feedback is the only way we can address any quality issues and resolve them.
Messaging services
Messaging services covers any transaction involving software that transmits messages from one user to another, such as e-mail, IRC, instant
messaging or Usenet. Users may not abuse, or make physical threats against, another person via any type of messaging service, or any other
electronic media/service we provide.
Users must abide by the policies of any messaging or IRC networks they use. We will co-operate with the administrators of such networks to
identify abusive users and restrict their access. Users are reminded that harassment, threatening or slanderous behaviour is prosecutable under
UK law.
Users may not forge the sender address of any messages to appear to be from someone they are not.
E-mail
Users may not use our services to send unsolicited commercial e-mail (UCE, also known as 'Spam'). Kijoma will block the mail services of any
customer found to be sending such mail.
Users may not have “open mail relays”. Kijoma will close the relay or connection of any customer found with an open mail relay.
Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.
Kijoma reserve the right to remove any mail older than 60 days from the server. It is the customer's responsibility to ensure that mail is regularly
collected and removed from Kijoma's POP3 server. Kijoma strongly advise against the use of the POP3 option to keep mail on the server. If a
POP3 mailbox contains an excessive amount of mail, Kijoma reserve the right to remove older mails from the mailbox to reduce its size.
Web Space (Homepages) if applicable
By uploading to the homepages host, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web
space service.
You will be responsible for the content of your Homepages site, including obtaining the legal permission for any works they include and ensuring
that the contents of these pages do not violate UK law. Kijoma reserve the right, without notice or explanation, to remove material which does
not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.
Kijoma reserve the right to suspend any or all of the Homepages service at any time, without prior notice, explanation, or recompense.
Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your
Homepages site. Kijoma reserve the right to suspend any sites containing such material. You must be careful when using peer to peer
networking software to ensure that you do not download or transfer material which you do not have the right to download or transfer.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers,
working on your behalf. Kijoma must be notified immediately if they are compromised. If someone were to gain access to your account
password, they could tamper with files held on your site.
Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page
design.
The customer has sole responsibility for ensuring that any data is suitably backed-up. Kijoma will not keep backups of your pages. Kijoma will
accept no responsibility whatsoever for loss of data or information resulting from the use of this service.
If the account is suspended for any reason, such as non-payment, access to the customer's homepage, both for viewing and uploading, may
also be suspended.
On closing an account, the relevant data on this Web space will be deleted.
Web Space (Commercial)
By uploading to a Kijoma commercial Web server, the customer will be deemed to have accepted and agreed to the Terms and Conditions of
use of the Web space service.
You will be responsible for the content of your site, including obtaining the legal permission for any works they include and ensuring that the
contents of these pages do not violate UK law. Kijoma reserve the right, without notice or explanation, to remove material which does not
comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.
Kijoma reserve the right to suspend any or all of a site, if it is deemed to be causing excessive load or traffic, is adversely affecting the
performance of other sites on the server, or is being abused by an external entity. It is the customer's responsibility to ensure that their scripts
are not vulnerable to these problems.
The customer agrees not to advertise their Website via unsolicited commercial e-mail. Kijoma reserve the right to suspend a site which has
been 'spamvertised' at any time.
Kijoma do not set hard quotas (a quota is the amount of Web space you have allocated) on commercial Web space. If you go over quota, your
Website will continue to work, but you will be notified. It is your responsibility to ensure your quota exceeds your usage at all times. You may
upgrade your quota at any time by contacting your account manager. If a site is excessively over quota, Kijoma reserve the right to suspend the
site.
Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your
Homepages site. Kijoma reserve the right to suspend any sites containing such material. You must be careful when using peer to peer
networking software to ensure that you do not download or transfer material which you do not have the right to download or transfer
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers,
working on your behalf. Kijoma must be notified immediately if they are compromised. If someone were to gain access to your account
password, they could tamper with files held on your site.
Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page
design.
The customer is ultimately responsible for ensuring that their site is suitably backed-up. Kijoma takes backups of the commercial servers for
disaster recovery purposes only.
Kijoma Acceptable Use Policy – Legal Document
If the account is suspended for any reason, such as non-payment, access to the site, both for viewing and uploading, may also be suspended.
On closing an account, the relevant data on this Web space will be deleted.
Attempted security breaches
Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible
further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network
traffic.
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t should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant
criminal legislation.
Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988
(as amended).
Non-Specific?
Users may not mount an attack, by whatever means, against our system, or any other systems. Users may not run unauthorised mailing lists
from, or through any of our machines, or mail servers.
Any IP addresses assigned to customers are owned by Kijoma.
When using quota-based service, it is your responsibility to remain within your usage quota. Kijoma reserve the right to delete files for overquota
users if disk space is affecting the normal running of the server.
Technical Support
Technical Support exists for the benefit of Kijoma customers, providing support for questions relating directly to our services. Technical support
is here to provide the best service possible to our customers, but can, at times, be stretched by having to answer unnecessary calls. When
contacting Technical Support, please ensure that you have all relevant details to hand, including details of any specific error messages
encountered. Please help us to help you.