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Terms and conditions
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Acceptable use policy
Privacy policy
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Terms and Conditions

This Agreement is made between The NETSCALIBUR UK LIMITED of 9 Selsdon Way, Cityharbour, Docklands, London E14 9GL, and the Customer for the provision of Services as detailed in the Master Schedule all in accordance with the following General Terms and Conditions.

1. INTERPRETATION AND DEFINITIONS
  1.1 In this Agreement the following terms shall have the respective meanings assigned to them (words in the plural include the singular and vice versa):
    1.1.1 "Agreement" means this agreement comprising the General Terms and Conditions, the Master Schedule, the AUP and the Service Description. In the event of any conflict between the terms of this Agreement, the provisions of the Service Description shall prevail;
    1.1.2 "AUP" means the Acceptable Use Policy which is hereby expressly incorporated by reference into this Agreement, the current copy of which may be found at http://www.netscalibur.co.uk/aup.html;
    1.1.3 "the Customer" means the person, group of people, or company, who receive the Service from NETSCALIBUR UK LIMITED under the terms of this Agreement, as identified in the Master Schedule;
    1.1.4 "Commencement Date" means the date of commencement of the Service;
    1.1.5 "NETSCALIBUR" means NETSCALIBUR UK LIMITED;
    1.1.6 "Fees" means the Subscription Fee and the Set Up Fee, together being the amounts payable by the Customer for provision of the Service as set out in the Master Schedule;
    1.1.7 "Force Majeure" means any circumstances beyond reasonable control including but not limited to Acts of God, fire, lightening, explosion, flood, extreme weather conditions, outbreak of hostilities (whether war be declared or not), riot, civil disorder or commotion, acts of terrorism, industrial disputes or acts or defaults of any local or central Government or other competent authority;
    1.1.8 "General Terms and Conditions" means these terms and conditions, forming part of the Agreement;
    1.1.9 "Master Schedule" means the master schedule appended to and forming part of this Agreement;
    1.1.10 "the Service" means the Services to be provided by NETSCALIBUR UK LIMITED as specified in the Master Schedule;
    1.1.11 "Service Description" means a service description appended to and forming part of this Agreement;
    1.1.12 "Service Outage" means an interruption in the Service arising from either:
      a) a hardware failure on the Service itself or
    b) a failure on the underlying network facilities under the direct control of NETSCALIBUR UK LIMITED which are used to provide connectivity to the Service, and which is not caused directly or indirectly by a negligent act or omission of the Customer. Service Outage shall also not include any interruption resulting from scheduled or routine maintenance operations carried out by NETSCALIBUR UK LIMITED;
    1.1.13 "Set Up Fee" means the amount payable by the Customer for initially setting up the Service;
    1.1.14 "Subscription Fee" means the amount payable by the Customer for continued use of the Service;
    1.1.15 "NETSCALIBUR UK LIMITED Equipment" means any hardware, cabling, peripherals, software or any other equipment that NETSCALIBUR UK LIMITED shall provide the customer as part of its service. It shall specifically exclude equipment that has been sold outright to the customer.
 
2. PROVISION OF SERVICE
  2.1 In consideration of the payment by the Customer of the Fees, NETSCALIBUR UK LIMITED shall provide the Services during the continuance of this Agreement subject to the compliance by the Customer with all the terms and obligations set out in this Agreement.
  2.2 The Customer may request that the services and facilities comprised in the Services be altered. Any such request must be made in writing or by electronic mail and shall only take effect if agreed by NETSCALIBUR UK LIMITED.
  2.3 Where the Service being provided requires, NETSCALIBUR UK LIMITED will liaise with the Internet IP numbering authorities to register a block of IP numbers for Customer use. These will only be available while the Customer maintains this Service with NETSCALIBUR UK LIMITED and may by subject to change or restrictions as decided by the numbering authorities.
  2.4 Where the Service being provided requires, NETSCALIBUR UK LIMITED will liaise with the relevant domain administering facilities to register or transfer a domain name for Customer use. The Customer is responsible for ensuring that the domain has been registered accurately and for updating their contact details if their address changes. The Customer is fully responsible for administration and management of their domain name from the point of Termination of the Service.
 
3. TERM
  3.1 The term of this Agreement shall commence on the Commencement Date and continue for the Initial Period set out in the Service Description (subject to the right of earlier termination by NETSCALIBUR UK LIMITED under Clause 7) and shall continue thereafter from year to year unless and until terminated by either party in accordance with the terms of this Agreement.
 
4. NETSCALIBUR UK LIMITED'S RIGHTS AND OBLIGATIONS
  4.1 NETSCALIBUR UK LIMITED shall give instructions about use of the Service which NETSCALIBUR UK LIMITED thinks reasonable to be necessary in the interests of safety, or of concern to the quality of service to NETSCALIBUR UK LIMITED's other customers and any such instructions shall, whilst they are in force, be deemed to form part of this Agreement.
  4.2 Subject as set out in Clause 2.1 NETSCALIBUR UK LIMITED shall provide the Service on a 24 hour per day basis, 7 days a week but:-
    4.2.1 access to the Service may be occasionally restricted to allow repairs, maintenance and archiving in which case NETSCALIBUR UK LIMITED will use all reasonable endeavours to provide the Customer with advance notice of such restriction;
    4.2.2 NETSCALIBUR UK LIMITED shall not be liable for any Service Outage other than as provided by Clause 6.9;
    4.2.3 NETSCALIBUR UK LIMITED shall have the right to examine the use(s) to which the Service is put by the Customer and to disclose such use to third parties for legal or statutory purposes, in order to identify misuse or abuse of the Internet, or to ensure the smooth running of and identify faults in its network and the rest of the Internet; and
    4.2.4 4.2.4 NETSCALIBUR UK LIMITED shall have the right at any time and upon reasonable notice to send an engineer to the Customer's premises to undertake any necessary maintenance.
 
5. CUSTOMERS OBLIGATIONS
  5.1 The Customer shall at all times use the Service in accordance with the AUP and shall indemnify and hold harmless NETSCALIBUR UK LIMITED from any losses incurred by reason of breach of this clause. In particular the Customer shall not, nor permit any other person to, use the Service:
    5.1.1 to send or receive any material which is abusive, indecent, obscene, defamatory, racist, offensive, menacing or in breach of confidence, copyright or any other rights or which contains unlawful security devices or which contravenes any laws;
    5.1.2 to cause annoyance, inconvenience or needless anxiety;
    5.1.3 other than in accordance with the acceptable use policies of any connected networks including the Internet;
    5.1.4 to send unsolicited advertising or mailshots of any kind.
  5.2 Unless otherwise specified in the Service Description the Customer is responsible for backup of its own files and NETSCALIBUR UK LIMITED does not offer recovery facilities as a service to the Customer.
  5.3 This agreement is personal to the Customer and accordingly the Customer may not assign, transfer or "sub-let" its rights under this Agreement or any part of the Service itself without the prior written consent of NETSCALIBUR UK LIMITED.
  5.4 The Customer shall not resell or sublet the service. Examples of prohibited reselling or subletting include, but are not limited to: Internet Service Provision outside of the Customer's company or organisation, resale of bandwidth, internet connectivity or services provided by NETSCALIBUR UK LIMITED unless specifically authorised within the Service Description.
  5.5 The Customer is solely responsible for obtaining the appropriate licences for, and undertaking the appropriate maintenance of, any software necessary for use of the Service, other than any software which may be provided by NETSCALIBUR UK LIMITED which the customer agrees to comply with any terms and conditions governing the use of the software.
  5.6 In the event that software is provided by NETSCALIBUR UK LIMITED as part of the Service, NETSCALIBUR UK LIMITED hereby grants a personal, non-exclusive licence for the term of this Agreement to the Customer to use such software solely for the receipt of the Services under this Agreement.
  5.7 Unless otherwise agreed in writing between the parties, the Customer is solely responsible for its own and any third party software, programs and data, the maintenance of the same and the output therefrom and for ensuring that such items are (if applicable) properly licensed, including being licensed for use by NETSCALIBUR UK LIMITED if necessary.
 
6. CHARGES FOR THE SERVICE
  6.1 The Customer shall pay to NETSCALIBUR UK LIMITED Fees relating to the Service on the basis specified in the Master Schedule.
  6.2 NETSCALIBUR UK LIMITED may alter the amount of the Fees or of any of its charges at any time after the initial period and shall notify the Customer in writing of any alteration (either increase or decrease) and such change shall take effect from the date specified in such notification which shall not be less than 30 days after the giving of such notice.
  6.3 The Fees are not refundable, except where otherwise stated herein. Fees paid in advance at a discounted rate are also not refundable if the Customer Terminates the Service before they have been fully used.
  6.4 Fees are exclusive of value added tax which shall be paid by the Customer unless otherwise stated.
  6.5 Fees do not include charges for any communications service used to connect the Customer to the Service unless otherwise stated.
  6.6 Additional charges may be made at NETSCALIBUR UK LIMITED's current standard consultancy rates for advanced support, custom programming or configuration, or software installation.
 

6.7

NETSCALIBUR UK LIMITED may at its discretion charge interest on any amounts due from the Customer under this Agreement which are not paid within 30 days of invoice at the rate of 5 percent above Barclays Bank plc base rate for the time being calculated from the date of the invoice to the date actual payment is received.
 

6.8

Cheques and direct debits returned unpaid by the Customer's bank may incur an administration charge which in any event shall be paid by the Customer.
  6.9 In no event shall NETSCALIBUR UK LIMITED incur liability for Service Outage unless:
    6.9.1 A written claim is made within 60 days of the Service Outage giving rise to such credit, and;
    6.9.2 The ability to claim a Service Outage credit has been included in the Service Description. In any event such Service Outage credit shall not exceed the corresponding monthly Subscription Fee for the period of the Outage, and shall only be due from the period starting when the Customer contacted NETSCALIBUR UK LIMITED to alert them to the problem.
  6.10 NETSCALIBUR UK LIMITED reserves the right at any time to require the Customer to issue a deposit or other form of security acceptable to NETSCALIBUR UK LIMITED if: a) Customer's financial circumstances or payment history is or becomes unacceptable to NETSCALIBUR UK LIMITED; b) there is a material change in the circumstances or Customer's actual or anticipated usage. Upon receipt of a written request for security the Customer shall have five (5) business days to provide such security and if Customer fails to comply with such request within said period then NETSCALIBUR UK LIMITED shall be authorised to immediately suspend the delivery of Services and / or terminate this agreement without further notice.
  6.11 NETSCALIBUR UK LIMITED reserve the right to require customers to enhance or upgrade their bandwidth or level of service or associated cover in the event that the services herein become inappropriate or insufficient to meet the customers existing or future growth requirements and which in the opinion of NETSCALIBUR UK LIMITED requires a different service more appropriate to the Customer's usage pattern or needs. The customer will be liable for the higher charges and costs associated with the upgraded service.
 
7. TERMINATION AND SUSPENSION OF SERVICE
  7.1 If the Customer:
    7.1.1 fails to pay any Fees or related charges;
    7.1.2 shall cease to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors;
    7.1.3 fails to fulfil any of its obligations under any part of this or any other agreement that it has with NETSCALIBUR UK LIMITED or interferes with or impairs the Service, or NETSCALIBUR UK LIMITED's ability to perform the Services; then NETSCALIBUR UK LIMITED may (without prejudice to any other right or remedy):
    7.1.4 suspend provision of the Service until the Customer shall remedy such matter but the Customer shall continue to be liable for any of the charges and Fees which may accrue during such suspension; and/or
    7.1.5 7.1.5 after giving written notice, terminate the Agreement between the Customer and NETSCALIBUR UK LIMITED forthwith in which case any unused portion of the Fee will not be returned; and/or
   

7.1.6

refuse access by the Customer to any Customer and/or NETSCALIBUR UK LIMITED equipment at NETSCALIBUR UK LIMITED's premises.
  7.2 NETSCALIBUR UK LIMITED may terminate the Customer's access to the whole or any part of its Services at any time by providing not less than the Appropriate Written Notice Period and returning the unused portion of the Subscription Fees.
  7.3 The Customer may terminate the Service by providing not less than the Appropriate Written Notice Period as specified in the Service Description, which notice may be given at any time but which may only take effect on or after the expiry of the Initial Period.
  7.4 Upon termination of this Agreement, however brought about, the Customer shall remain liable for all outstanding obligations and Fees and this Agreement shall continue to cover any material sent or received by the Customer for as long as it remains on the Service.
  7.5 7.5 For the avoidance of doubt, any licences granted by NETSCALIBUR UK LIMITED under this Agreement shall terminate upon the termination or expiry of this Agreement.
 
8. LIMITATION OF LIABILITY
  8.1 Nothing in this Agreement shall exclude or restrict either party's liability for death or personal injury resulting from its negligence or that of its employees while acting in the course of their employment.
  8.2 Subject to Clause 9.1, the Customer acknowledges that
    8.2.1 NETSCALIBUR UK LIMITED has no control over the information transmitted to or from the Service and that NETSCALIBUR UK LIMITED does not ordinarily examine the use to which customers put the Service or the nature of the information they are sending or receiving. NETSCALIBUR UK LIMITED hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
    8.2.2 NETSCALIBUR UK LIMITED shall not in any circumstances be liable under this Agreement or otherwise for any direct or indirect loss, loss of business, revenue, profits or savings; wasted expenditure; corruption or destruction of data; or for any indirect or consequential loss whatever whether arising from negligence, breach of contract or otherwise.
    8.2.3 in any event NETSCALIBUR UK LIMITED's liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection with this Agreement shall in respect of any one or more incidents not exceed the total Fees received by NETSCALIBUR UK LIMITED in the calendar year in which the incident occurs.
  8.3 The Customer shall indemnify NETSCALIBUR UK LIMITED against any claims, legal proceeding and expenses (including legal fees), arising from the Customer's use of the Service which are brought or threatened against NETSCALIBUR UK LIMITED by another person or company.
  8.4 In the event of any part of this Agreement being held inapplicable or unreasonable, the remainder of the Agreement shall remain in full force and any clause held inapplicable or unreasonable shall be enforced to the fullest extent possible.
  8.5 8.5 The provisions of this Clause 8 shall continue to apply notwithstanding the termination or expiry of this Agreement.
 
9. SERVICE OF NOTICE
  9.1 Any written document shall be deemed to be given or served by NETSCALIBUR UK LIMITED on the day following that on which it is emailed to the Customer's internet electronic mail account, or posted to, or left at, the address given by the Customer for receiving bills.
  9.2 9.2 Any information published on the service, including changes to Fees or charges, shall be deemed to be given or served by NETSCALIBUR UK LIMITED on the day that it is published and such change shall take effect on the expiry of the Appropriate Written Notice period.
 
10. FORCE MAJEURE
  10.1 10.1 Neither NETSCALIBUR UK LIMITED nor the Customer shall be liable for any breach of this Agreement caused or substantially contributed to by Force Majeure.
 
11. LAW
  11.1 These General Terms and Conditions are subject to the laws of England and Wales and the Customer hereby submits to the jurisdiction of the English Courts.
  11.2 The Master Schedule, these General Terms and Conditions, the AUP and any Appendix contain the entire Agreement between the parties with respect to the Service, and supersedes all previous agreements and understandings between the parties, and may not be modified save as provided herein.
  11.3 The Customer acknowledges that, in entering into this Agreement, it does not rely on any representation (other than any fraudulent misrepresentation), warranty or other provision except as expressly provided in this Agreement, and accordingly all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
  11.4 The Customer shall observe the requirements of the Data Protection Acts 1984 and 1998 regarding anypersonal data related to NETSCALIBUR UK LIMITED's employees, customers and agents that comes into its possession and shall indemnify NETSCALIBUR UK LIMITED against any claims related to the Data Protection Acts which result from the negligence of the Customer or its employees.
  11.5 The Customer and NETSCALIBUR UK LIMITED shall not for a period beginning on the Commencement Date until six (6) months after the termination date directly or indirectly solicit or seek to procure (otherwise than by general advertising) the employment of any employee of the other party.
  11.6 The Customer shall ensure that NETSCALIBUR UK LIMITED and all persons authorised by NETSCALIBUR UK LIMITED will have reasonable access to the Customer's premises and equipment to enable NETSCALIBUR UK LIMITED to carry out its obligations under this Agreement, and will ensure that NETSCALIBUR UK LIMITED has access to such facilities and is given such co-operation at the Customer's premises as NETSCALIBUR UK LIMITED shall reasonably request.
  11.7 11.7 The Customer will grant or procure all permissions, licences, waivers, registrations and approvals necessary or reasonably considered desirable by NETSCALIBUR UK LIMITED to deliver, install, keep installed and maintain at the Customer's premises any NETSCALIBUR UK LIMITED equipment. 11.8 The customer hereby agrees that NETSCALIBUR UK LIMITED may refer to the customer, by company or trading name, and to the existence of this Agreement in any marketing or promotional materials.
 
12. YEAR 2000
  12.1 12.1 NETSCALIBUR UK LIMITED has a long standing year 2000 programme seeking to resolve any problems caused by the year 2000 issue and is confident that any impact upon normal services will be negligible. However, for the avoidance of doubt, NETSCALIBUR UK LIMITED makes no warranty or representation that the Services or any aspect of them, are year 2000 compliant. The Customer should refer to http://www.netscalibur.co.uk/support/gy2k.html for current statements regarding the year 2000 issue.
 
13. CHANGE OF GENERAL TERMS AND CONDITIONS
  13.1 NETSCALIBUR UK LIMITED may at any time, and with immediate effect, modify the AUP;
  13.2 NETSCALIBUR UK LIMITED may modify the Agreement where it is required to do so, by notifying the Customer in writing and giving 30 days notice where possible. This would include where changes to the law, rules applied by Internet authorities and collaborative Internet bodies require NETSCALIBUR UK LIMITED to modify its procedures, policies or services.
  13.3 13.3 NETSCALIBUR UK LIMITED may at any time modify the Agreement by notifying the Customer in accordance with clause 9.
 
14. RESPONSIBILITY FOR ON SITE EQUIPMENT ON CUSTOMER'S PREMISES
  14.1 The Customer shall at its own expense provide reasonable assistance and facilities to NETSCALIBUR UK LIMITED in the installation of NETSCALIBUR UK LIMITED equipment, any electricity required for the proper functioning of NETSCALIBUR UK LIMITED equipment and shall provide or procure suitable accommodation, facilities and environmental conditions for housing the NETSCALIBUR UK LIMITED equipment and all necessary electrical and other installations and fittings. The Customer will use all reasonable endeavours to effect such preparation and provision at its sole cost before such NETSCALIBUR UK LIMITED equipment is installed at the Customer's premises.
  14.2 The Customer shall be responsible for NETSCALIBUR UK LIMITED equipment on the Customer's premises and shall not add to, modify or in any way interfere with the NETSCALIBUR UK LIMITED equipment. The Customershall be liable to NETSCALIBUR UK LIMITED for and shall insure (under an all risks policy) against any and all loss of damage to NETSCALIBUR UK LIMITED equipment howsoever occasioned or caused, except in so far as any such loss or damage is attributable to the negligent or wilful act or omission of NETSCALIBUR UK LIMITED, its agents or subcontractors.
  14.3 Unless otherwise provided in the Contract, ownership (both legal and beneficial) of NETSCALIBUR UK LIMITED equipment shall be retained by NETSCALIBUR UK LIMITED at all times and the Customer will not remove or alter in any way any identification mark on any part of the NETSCALIBUR UK LIMITED equipment showing that it is owned by NETSCALIBUR UK LIMITED. On all occasions when the ownership of the NETSCALIBUR UK LIMITED equipment is relevant, the Customer shall make clear to third parties that the same is the property of NETSCALIBUR UK LIMITED.


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Terms of use for this website

This is Netscalibur.co.uk, a website operated by Netscalibur Limited ("Us", "We" or "Our"). Your use of this website is subject to the following Terms of Use, which you are deemed to accept by using this website:

1. Rights in material
The copyright and all other rights (including, without limitation, all intellectual property rights) in the material contained on this website are owned by Us or are included with the permission of the owner of such rights. As a visitor to this website, you may not copy, adapt or distribute any of the content of this website without Our permission, except as permitted under applicable law.

2. Trade marks
The following are trade marks of Netscalibur UK Limited, or another member of the Netscalibur Group, in the UK and/or other countries, and such trade marks may be registered in certain jurisdictions: the name "Netscalibur" and the Netscalibur logo.

Other logos, designs, products, services or company names may be the trade marks or registered trade marks of Netscalibur UK Limited, another member of the Netscalibur Group, or a third party.

3. Availability
Due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided without any warranties of any kind and We do not accept any liability arising from any interruption in availability.

4. Jurisdiction
The services and products offered by Netscalibur on this website may not be available in all jurisdictions.

5. Online transactions
All transactions carried out via this website will be governed by Netscalibur's General Terms and Conditions and Acceptable Use Policy and any other terms and conditions specific to the relevant service or product.

6. Other promotions
From time to time, We may include promotions or other offers on this website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

7. General
Nothing in these Terms of Use shall restrict or exclude any liability that We have to any party which can not be excluded by law.

These Terms of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any disputes arising in relation with this website.

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Acceptable use policy

1. Introduction
This Acceptable use Policy forms part of the terms and conditions applicable to all NETSCALIBUR UK LIMITED customers. This applies not only to dial-up accounts but all other services or facilities.

This document has been written to state the Acceptable Use Policy while explaining the issues and concepts to which it refers.

2. Definitions
For clarity within this guide, the following terms are defined:

ACCOUNT a single billing entity, comprising all services being supplied by NETSCALIBUR UK LIMITED Ltd to the CUSTOMER. This may range from a single dial-up account through to a complete package of services and facilities.
CUSTOMER the registered holder of the NETSCALIBUR UK LIMITED ACCOUNT
PUBLISHING FACILITY a facility provided by NETSCALIBUR UK LIMITED to enable the customer to publish information and data on the Internet. Examples include: web space; file transfer facilities; e-mail mailing lists; database provision; intercommunications facilities such as guest-books, registers and chat facilities;
INTERNET CONNECTION the connection into the Internet provided to the CUSTOMER through NETSCALIBUR UK LIMITED. This could include: dial-up, leased line or connection of a co-located host or server.
UNACCEPTABLE USE an action that is in breach of the NETSCALIBUR UK LIMITED AUP.
AUP This document.
NETSCALIBUR UK LIMITED the general name used to refer to the service offering provided by "The NETSCALIBUR UK LIMITED Ltd.".

3. Aims of this AUP

The AUP has the following aims:

  • To ensure the security, reliability and integrity of NETSCALIBUR UK LIMITED's systems and network, the systems and networks of NETSCALIBUR UK LIMITED customers and the networks and systems of others.
  • To maintain the image and reputation of NETSCALIBUR UK LIMITED Ltd as a responsible Internet Service Provider.
  • To encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
  • To preserve the privacy and security of individual Internet users.

4. What Constitutes UNACCEPTABLE USE

UNACCECPTABLE USE is an abuse of Internet facilities and services and not necessarily abuse on the Internet. Any of the following qualify as unacceptable use:

  • Interfering with the Internet use of an individual or group
  • An action intended to violate the privacy or property rights of others
  • Activities that are illegal or dishonest
  • To cause any individual annoyance, inconvenience or needless anxiety

The following are some specific examples of unacceptable use:

Chain Letters and Pyramid-Selling Schemes
The most common example of this in e-mail is "Make Money Fast".

Unsolicited Commercial E-mail (UCE)
Unsolicited Commercial E-mail is advertising material received by e-mail without the recipient either requesting such information or otherwise expressing an interest in the material advertised. It should be noted that an individual who has posted information on the Internet on a particular subject has not made a specific request for information to be emailed to them.

Unsolicited Bulk E-mail (UBE)
Similar to the above UCE but not attempting to sell anything.

Mail Bombing
Mail bombing is the sending of multiple emails, or one large email, with the intent of annoying a fellow Internet user or affecting their use of the Internet.

Mailing List Subscriptions
You must not subscribe anyone to a mail list or similar service without their permission.

Forged headers and/or Addresses
Forging headers or messages means sending data (including email) such that its origin appears to be another user or machine, or a non-existent machine. It is also forgery to arrange for any replies to mail to be sent to some other user or machine.

Denial of Service
Denial of Service is any activity designed to prevent a specific host or user on the Internet making full and effective use of their facilities. This includes, but is not limited to: mail bombing, opening an excessive number of connections to the same host, intentionally sending data designed to damage the receiver's systems when interpreted.

Illegal Content
You must not transmit across the Internet or use a PUBLISHING FACILITY to publish any item that it is illegal to transmit or possess. This includes material that is prohibited under the various acts of parliament dealing with material sent over a public telecommunications network.

Breach of Copyright or Intellectual Property
You must not transmit or publish copyright material, unless you have permission to do so.

Commercial Articles on Usenet
The vast majority of newsgroups are of a non-commercial nature, and you should not post commercial articles to these groups.

Binary Postings to non-Binary Usenet Groups
Outside of the "alt.binaries" and "alt.pictures" newsgroup hierarchies, the posting of encoded binary data is generally prohibited.

Excessive Cross-Posting on Usenet
Simply put, this form of unacceptable behaviour occurs when the same article is cross-posted to a large number of unrelated newsgroups.

Excessive Multi-Posting on Usenet
This occurs when a substantively similar (perhaps differing only in subject header) article is posted repeatedly.

Post Cancelling
Customers are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.

Publishing Requirements
You must ensure that any PUBLISHING FACILITY that you utilise through NETSCALIBUR UK LIMITED provides a clear warning before allowing access to any offensive material.

Causing Unacceptable Use
You may not advertise your information or data residing on any PUBLISHING FACILITY, or cause another person to advertise it, by techniques that would be classified as abuse if they were carried out from a NETSCALIBUR UK LIMITED ACCOUNT. This includes, but is not limited to, bulk emailing and excessive news posting.

Unauthorised Access ("Hacking", "Cracking")
Customers may not attempt to gain unauthorised access to any host, network, data, or account .

Responsible Use
Customers must act as responsible Internet citizens at all times and follow all Internet usage guidelines that are generally accepted by the Internet community.

5. Other Unwelcome Activities

The above are more easily defined examples of unacceptable use.

Unacceptable Use of the NETSCALIBUR UK LIMITED Internet services is not limited to the above, but may include any activity reported to the NETSCALIBUR UK LIMITED Abuse team which is considered, in their opinion, to be a serious abuse of the services.

6. In the event of a breach of AUP:

NETSCALIBUR UK LIMITED will investigate any breach of AUP. The response will range from a call/email to the customer to highlight a minor breach through to irrevocable account closure. The response will be based on NETSCALIBUR UK LIMITED's judgement as to the seriousness and intention of the breach.

Note that in the process of identifying a breach of the AUP, NETSCALIBUR UK LIMITED may need to liase closely with other external bodies, this is sometimes necessary to fully identify the breach. If in the sole opinion of NETSCALIBUR UK LIMITED it is deemed necessary we reserve the right to identify the customer to other separate parties.

7. Changes to the AUP

The internet is a rapidly evolving network. New facilities, practices and developments are being agreed all the time. It is critical therefore that the AUP be amended from time to time to reflect these changes. The current AUP is posted to:

http://www.netscalibur.co.uk/aup.html

It is your responsibility to check this from time to time as any changes are immediately applicable to all customers.

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Privacy policy

From time to time Netscalibur UK Limited ("We", "Us" or "Our") may invite you to supply Us with personal information in order to provide you with services or products and to enable you to order goods from Us. In order to supply such services or goods, and for the purposes of billing, accounting and auditing various records in respect of such services or products, We will need to process and store your personal information (in the form of computer and paper records) and may need to transfer it to other members of the Netscalibur Group, credit reference agencies, third party telecommunications providers and any other third parties for such processing inside the EEA. Netscalibur UK Limited may also use the information you provide for market research and statistical purposes.

By submitting your personal information on this website, you consent to such processing and transfers and for any other purposes to which you consent at the time you provide the information.

If you do not agree with this privacy policy you should not submit your personal information on this website.

In order to protect your privacy, We are registered in accordance with and seek to comply with the UK Data Protection Act 1998. We follow appropriate security procedures in the storage and disclosure of personal information so as to prevent unauthorised access by third parties. We also require those parties to whom we transfer personal information to comply with the same. However, the Internet is not a totally secure medium and you acknowledge and agree that We shall not be responsible for any unauthorised use, distribution, damage or destruction of personal data, except to the extent We are required to accept such responsibility by the Data Protection Act 1998.

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Media kit permission

Netscalibur Limited grants the media permission to reproduce the photographs, designs, text and trade marks specified below (the "Images") on the following terms and conditions: (1) You shall reproduce and use the Images only for the purpose of news reporting. (2) You shall not use the Images in an unlawful manner or in a manner which may damage the reputation of the Netscalibur Group. (3) You shall not use the Images to promote, supply, offer to supply, import or export any goods or services. (4) Except in respect of Netscalibur trade marks, the Image must be accompanied by the appropriate copyright notice. (5) Each trade mark must be accompanied by ®, if that mark is registered, or by TM if that mark is not registered. (6) Netscalibur may, by withdrawing an Image from this page, terminate this permission in respect of that Image with immediate effect. (7) You shall indemnify Netscalibur for any losses or damage it incurs as a result of your use of the Images, otherwise than in accordance with these terms and conditions. Netscalibur reserves all its rights as owner of the trade marks.

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Legal Notices