Acceptable Use Policy

Last updated: 8th November 2012, 02:09

Consider printing a copy of this document for your records. Please note that we reserve the right to change this document at any time, without prior notice.

All of the provisions of LCHost Acceptable Use Policy (hereinafter referred to as AUP) shall apply to all access, transport, system, or service Accounts billed to a designated Account Holder (hereinafter referred to as "The Customer").

All services provided to the Customer by LCHost (hereinafter referred to as "LCH", "Company" or "The Company") are collectively termed under an "Account".

Breaches of this or any other of the policies operated by LCHost may lead to your account being closed, and all outstanding monies being forfeited in full.

Compliance

The Customer shall use the Company resources in a manner that is clearly consistent with the purposes of the products and services offered. The Customer shall comply with applicable laws and standards, policies and procedures. The Customer incurs the responsibility to determine what restrictions apply and to review the policies and procedures that will be updated continually. The Customer is responsible to use the resources with sensitivity to the rights of others. Any conduct by the Customer that in the Company's sole discretion restricts or inhibits any other user, whether a customer of the Company or a user of any other system, from using and enjoying any of the Company's services is strictly prohibited. This includes, but is not limited to, the posting or transmitting on or through any of the Company's services, any information that is, in the Company's sole discretion, unlawful, obscene, threatening, abusive, libellous, or harmful, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, or international law.

Data Transmission

Customer expressly agrees to use all of Company's services only for lawful purposes. Transmission or storage of any information, data or material in violation of the laws of England is prohibited, including but not limited to, material protected by copyright, trademark, trade secret, the official secrets act, or any other statute.

Limitation of Liability

The Company will not be liable under any circumstances for any lost profits or other consequential damages, even if the Company has been advised as to the possibility of such damages. The Company's liability for damages to Customer for any cause whatsoever, regardless of the form of action, and whether in contract or in tort, including negligence, shall be limited to one (1) month's fees and the remaining portion of any prepaid fees.

Note that the company is NOT under any requirement to return fees where the customer has breached any of the policies agreed to by the customer when purchasing their account.

Indemnification

Customer agrees to indemnify and hold harmless the Company, against any lawsuits, claims, damages or liabilities (or actions or proceedings in respect thereof) to which the Company may become subject related to or arising out of Customer's use of Company's services, and will reimburse the Company for all legal and other expenses, including solicitor's fees, incurred in connection with investigating, defending, or settling any such loss, claim, damage, liability, action or proceeding whether or not in connection with pending or threatened litigation in which the Company is a party. The provisions of this agreement relating to indemnification shall survive termination of Customer's account indefinitely.

Prohibited Uses of Products and Services

The following actions are defined as "system abuse" and are strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to Customer. Products and Services include, but are not limited to, the Internet server provided by the Company and user accounts. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company through the information provided above.

The following activities are expressly prohibited:

• Resale of the Company's products and services, unless specifically permitted and documented in a separate written agreement or the initial Customer contract. Using the facilities and capabilities of the Company or its services to conduct any illegal activity or other activity that infringes the rights of others.
• Deceptive on-line marketing practices.
• Violations of intellectual property -- as legally protected by copyrights and licenses. This includes, but is not limited to, the installation or distribution of illegal, "pirated", or other software products that are not appropriately licensed by Customer.
• Violations of privacy.
• Introduction of malicious programs into the network or server (e.g. viruses, worms, Trojan horses, etc.).
• Attempted or successful security breaches or disruption of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account Customer is not expressly authorized to access.
• Customer may not execute any for of network monitoring (e.g. packet sniffer) which will intercept data not intended for services provided to the Customer.
• Attempts to circumvent user authentication or security of any host, network, or account ("cracking").
• Attempts to interfere with or deny service to any user or any host (e.g. Denial of Service Attacks).
• Use of any program/script/command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or via the Internet.

Additionally, actions leading to the customer being a target of any type of DoS (denial of service attack) or intrusion attempt, whether or not the attack causes loss or degradation of service for other customers, are deemed to be a breach of the AUP.

Billing

The following are not permitted with regard to billing:

• Furnishing false or incorrect data on the signup form, contract, or online application, including fraudulent use of credit card numbers.
• Attempts to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's products and services.

Usenet Newsgroups

The following are not permitted with regard to Usenet Newsgroups:

• Posting the same or similar message to large numbers of Usenet newsgroups.
• Posting chain letters of any type.
• Posting encoded binary files to newsgroups.
• Cancellation or superseding of posts other than your own.
• Forging of header information.
• Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.

IRC (Internet Relay Chat)

The following are not permitted with regard to IRC:

• Absolutely no IRC related services are permitted on dedicated or colocation machines unless by prior and special arrangement
• Use of IRC scripts or programs that will interfere with or deny service to other users on any server or host.
• Running or attempting to run any IRC robot or server on equipment other than the equipment provided by the Company to the Customer for that purpose

Repercussions

Failure to follow this AUP when using a LCH account may result in the following actions:

• The Account may be terminated immediately.
• No refund of monies paid for the Account will be made.
• Should it, in the sole opinion of LCH, be considered necessary, then a public announcement will be made.

Non-enforcement of any section of this AUP does not constitute consent and LCH reserves the right to enforce this AUP at its sole discretion by any/all of the following means:

• Issue a written warning to the Customer.
• Restrict and/or revoke privileges, products, and/or services provided to Customer for a specific period of time.
• Permanently disconnect privileges, products, and/or services provided to Customer.
• Refer Customer to civil authorities for prosecution.
• Take necessary action to correct non-compliance.

If any paragraphs in this Agreement are found to be unenforceable or invalid, The Customer's and the LCH agreement on all other paragraphs shall remain valid.