thePHS Ltd Acceptable Use Policy ("AUP")

Updated 14 th April 2005

thePHS Ltd Acceptable Use Policy ("AUP")

thePHS Ltd requires that each of its customers accept and agree to thePHS Ltd Terms of Service, a copy of which is available at http://www.t2euk.com/termsofservice  

The Terms of Service constitute a legal agreement between the customer and thePHS Ltd. In the Terms of Service, each customer agrees, among other things, to be bound by the terms and conditions of this AUP.? ?This AUP also binds all users of and visitors to thePHS Ltd services and Web sites: by the act of using thePHS Ltd services or visiting its Web sites, all such users and visitors agree to be bound by this AUP.

(Customers, users, and visitors are referred to herein collectively as "Customers.")

Please note that this AUP is subject to change, and it is Customer's responsibility to regularly check for modifications.  thePHS Ltd requires that all Customers conduct themselves as good citizens of the

Internet and at all times behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing thePHS Ltd services through Customer's computers or accounts, including without limitation hackers and Customer's own users.

A. The following activities are expressly prohibited:

1. Spam / E-mail Marketing.

thePHS Ltd does not tolerate Spam or e-mail marketing of any kind, whether legal or illegal . Do not send more than one hundred (100) unsolicited e-mails during any twenty-four (24) hour period. Any message sent to a recipient from a purchased, rented, licensed, or traded list of e-mail addresses is automatically considered unsolicited.  (Messages forbidden by this paragraph are collectively referred to herein as "E-mail Marketing.")(E-mail Marketing creates a risk that thePHS Ltd will be blacklisted from other networks and so could adversely affect other thePHS Ltd Customers and Resellers.)  Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant.

Do not set up an open mail relay that is not password protected or that could allow anyone to send E-Mail Marketing Messages.

Some of the terms of this AUP may overlap terms of the thePHS Ltd Terms and Conditions. In the event of

any inconsistency, the thePHS Ltd Terms and Conditions will govern the relationship between thePHS Ltd and Customer.

thePHS Ltd Acceptable Use Policy ("AUP")

2. Hacking or perpetration of any security breach.

3. Unauthorised access to any computer or system , including intrusion into or scanning of other thePHS Ltd accounts.

4. Dissemination of deliberately offensive material , including any message or information that is or may be threatening, libellous, obscene, or harassing.

5. Child pornography or any other activity harmful to minors.

6. Fraud.

7. Violations of privacy rights.

8. Intellectual property infringement , including violations of copyright, trademark, or patent rights, or use or distribution of pirated software. (Please see thePHS Ltd policy regarding Intellectual Property infringement, at http://www.t2euk.com/intellectualproperty)

9. Use of third party software without a proper license or other appropriate permission, including Microsoft software.

10. Network attacks or any unfriendly effort to interfere with service on another network or server.

11. Virus distribution or distribution of any worm or other harmful code.

12. Illegal activities of any kind.

13. Use of Internet relay chat ("IRC") , including hosting of an IRC server, running IRC bots, use of a thePHS Ltd server as an IRC client or proxy, and use of IRC scripts or programs that interfere with service to other users on any server or network .

B. Adult Content:

thePHS Ltd does not allow hosting of adult content at all and all questions and special agreements should be agreed before a website is uploaded.

C. Investigations, disruptions, & security:

thePHS Ltd reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP or of the Terms of Service without first giving notice . The cost of any investigation will be charged to the Customer at £75.00 per hour, in addition to charges for Legal fees

and related expenses (if any). thePHS Ltd furthermore reserves the right to disable Customer's service if thePHS Ltd suspects that such service is the target of an attack or in any way interferes with service s provided to other customers, even if Customer is not at fault. thePHS Ltd does not issue refunds for terminating service due to any of the causes specified above.

thePHS Ltd Acceptable Use Policy ("AUP")

Customer is responsible for the use of its service, including transfer and bandwidth, even use by unauthorised users or hackers.  Customer is responsible for maintaining security, including disaster recovery systems and backups. (Customer is advised to maintain backups on its own premises Unless otherwise specified with a thePHS Ltd Backup agreement.)

D. Reporting AUP Violations:

thePHS Ltd requests that anyone with information about a violation of this AUP, or of thePHS Ltd Terms of Service, report it by sending an e-mail to abuse@t2euk.com.

E. Monitoring & Disclaimers:

thePHS Ltd has no obligation to monitor its services but may do so and may disclose information regarding use of the services for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate such service properly; or to protect itself and its customers. thePHS Ltd may grant law enforcement agencies access to its equipment to monitor use of its services.

thePHS Ltd SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. thePHS Ltd DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  thePHS Ltd MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE

PROVIDED BY thePHS Ltd OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.

thePHS Ltd WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF thePHS Ltd WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. thePHS Ltd MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

thePHS Ltd WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM:

(i) OTHER thePHS Ltd CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER'S DATA OR ASSIGNED COMPUTERS;

(ii) SECURITY BREACHES;

(iii) EAVESDROPPING;

(iv) DENIAL OF SERVICE ATTACKS;

(v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING thePHS Ltd SERVICE;

(vi) CUSTOMER'S RELIANCE ON OR USE OF THE SERVICE;

(vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE;

(viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR

(ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA.

thePHS Ltd limitations and exclusions of liability apply equally to thePHS Ltd officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.