Acceptable Use Agreement

1 Introduction
These Conduct Rules and Acceptable Use Policy ("Conduct Rules") sets forth the principles that govern your use of the systems, services and equipment provided by Legend Internet Limited.

These Conduct Rules have been created to promote the integrity, security, reliability and privacy of Legend's systems and networks and form part of the legally binding Terms and Conditions which govern the use of Legend's systems, services and equipment by you. These Conduct Rules also identify the actions that Legend considers to be intrinsically abusive, and thus, strictly prohibited.

In this document, 'ADSL' refers to users of our ADSL Modem product; and not to users of our dialup service.

2 Modification of Conduct Rules
Legendretains the right to amend, modify or substitute the Conduct Rules at any time and any such modification, amendment or substitution shall be posted on the website and automatically effective as to all customers when adopted by Legend.

Legend recommends that you visit our website regularly to check for any updates or amendments to these Conduct Rules.

3 Compliance with Law
You shall not post, publish transmit, re-transmit or store material on or through any of the Legend's systems services or products which is in violation of any law or regulation which is enforceable in the United Kingdom; or
is threatening, obscene, indecent, defamatory, or blasphemous; or is calculated to incite hatred against any ethnic, religious or other minority or is otherwise calculated to adversely affect any individual, group or entity (collectively, "Persons"); or
violates the rights of any Person, including rights of privacy, rights of personality;
infringes or breaches any third party intellectual property rights (which shall include but not be limited to copyrights, trade marks, design rights, trade secrets patents, moral rights and performance rights).
For the avoidance of doubt, the installation or distribution of "pirated" software or other software products that are not appropriately licensed to the customer will constitute a violation of intellectual property rights. In the event of any disagreement as to whether materials posted, transmitted, re-transmitted or stored by a customer are in contravention of this section, the decision of Legend shall be final.

You shall not post, transmit, re-transmit or publish unsolicited promotional or advertising material; or chain letters or pyramid selling schemes. You shall not undertake any activity designed or likely to: waste networked resources, including but not limited to time on end systems accessible via Legend; or corrupt, interfere with or destroy another Legend user's ("Users") data; or
violate the privacy of other Users; or interfere with other Users' enjoyment of Legend, including but not limited to overloading access links or switching equipment.

4 Prohibited Uses of Legend's Systems, Services and Equipment
You may only use Legend's systems, services and equipment in a manner that, in Legend's sole judgement, is consistent with the purposes of such systems, services and products. If, after reading the Conduct Rules, you are unsure whether a contemplated use or action is permitted under the Conduct Rules, you should contact Legend with a description of the proposed use by email at for an explanation as to whether the use is permissible under these Conduct Rules. Please ensure you await our response before carrying out any use or action that you are unsure about. The examples identified in the sub-sections below are non-exclusive and are provided, in part, for guidance purposes only. The following uses of Legend's systems, services and equipment as described in subsections A through D are expressly prohibited:

Prohibited Actions: General Conduct
Actions that restrict or inhibit any person, company, firm or organisation whether a customer of Legend or otherwise, in its use or enjoyment of any of Legend's systems, services or products. Resale of Legend's services and products, without the prior written consent of Legend. Deceptive or misleading on-line advertising or marketing practices. Furnishing false data on Legend's sign-up form, contract, or on-line application, including fraudulent use of credit card numbers (and such conduct is ground for immediate termination and may subject the offender to civil or criminal liability). Prohibited Actions: System and Network Security Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which customer is not an intended recipient or logging onto a server or account that customer is not expressly authorised to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host. Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet. Executing any form of network monitoring which will intercept data not intended for the customer.
Prohibited Actions: e-mail Harassment, whether through language, frequency, or size of messages sent, is prohibited.
transmission of e-mail to any person containing offensive or abusive language; and Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail Spam"). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the customer must not send that person any further e-mail. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including, but not limited to, "mail-bombing" (flooding a user or site with very large or numerous pieces of e-mail). Unauthorised use, or forging, or mail header information. Use of unsolicited e-mail originating from the Legend network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Legend, or connected via Legend network. Wilful failure to secure open SMTP ports so as to prevent the unauthorised use of customer resources for the purposes of sending unsolicited e-mail by a third party. For the avoidance of doubt any systematic, repeated or bulk referral of third parties to Legend contained in e mails shall be deemed "e mail Spam" and a breach of this sub-section C and in addition to Legend's right to suspend and/or terminate your contract and any other rights Legend may have, Legend shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time. Prohibited Actions: Usenet Newsgroups Posting the same or similar messages to large numbers of Usenet newsgroups (Newsgroup Spam, USENET Spam, Unsolicited Commercial Messaging, Unsolicited Commercial Mail, Mass Mail Fraud). Posting chain letters or other pyramid schemes, of any type. Posting encoded binary files to newsgroups not specifically named for that purpose. Postings that contain offensive or abusive language. Cancellation or superseding of postings other than your own, with the exception of official newsgroup moderators performing their duties. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup. 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. Postings that are in violation of the written charters or FAQ's for those newsgroups. Posting of Usenet articles from the Legend Legend network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Legend, or connected via the Legend Legend network. Failure to secure a news server so as to prevent the unauthorised use of customer resources by a third party which may result in Usenet posts which violate this policy. Advertisements posted in newsgroups whose charters/FAQ's explicitly prohibit them. The poster of an advertisement or other information is responsible for determining the etiquette of a given newsgroup, prior to posting to it. For the avoidance of doubt any systematic, repeated or bulk referral of third parties to Legend contained in Usenet newsgroups shall be deemed "Usenet Spam" and a breach of this sub-section D and in addition to Legend's right to suspend and/or terminate your contract and any other rights Legend may have, Legend shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.

5 Censorship
The Internet contains material that is inappropriate for minors and may cause offence to others. We do not censor or restrict access to any material or information on the Internet unless required to do so by the Police or other competent authority. We will however refer any complaints regarding censorship to the Police for further investigation. Please see below for details of Legend's complaints procedures.

6 Change of MAC Address [hi-speed users only]
MAC addresses are unique to each Network Interface Card (NIC). If this address changes, for example, by upgrading your PC or NIC, please contact Technical Support who will register the new MAC address on our servers.

7 Internet Protocol Services
This section applies to our hi-speed users only. Dialup users are not permitted to run any Internet Protocol services [including, without limitation web servers or mail servers]. Legend Legend hi-speed internet opens up new possibilities of use with its features such as 'always on', and while subscribers are able to benefit from these features, Legend must also ensure that the Service is not abused to the disadvantage of the Service and subscriber group. You must not use, nor allow anyone else to use the Services to provide Internet Protocol services to the Internet populace as a whole, including other Legend customers. Internet Protocol services includes, but is not limited to, HTTP, games, telnet and FTP services. However, you may provide Internet Protocol services from your computer for personal use. An example would be the running of an authenticated FTP service to enable you to access files on your home computer remotely. The following conditions apply: Any Internet Protocol services you use require authentication eg. You are not allowed to use anonymous FTP servers; and
You are not allowed more than ten concurrent connections to the Internet Protocol services you use.

8 Security
The security (including authentication) of any Internet Protocol services used by you from home is your responsibility. It is also your responsibility to ensure that you keep your passwords secure. Legend is not liable for any negative consequences, for instance lost or corrupted files, incurred by your failure to employ adequate security measures.

9 Networks
hi-speed users only
You may connect your computer using the ADSL modem to a LAN once the service is installed. However, Legend will not install home LANs or provide any technical support regarding their use or configuration. Continued use of an item of networking software or hardware after Legend has notified the User to cease using that item will be regarded as an unacceptable use of Legend. All users Where Legend is being used to access another network, any abuse of the Conduct Rules of that other network will be regarded as an unacceptable use of Legend. Users must not provide access to Legend to third parties without the prior written agreement of Legend, unless they have entered into a Legend Resale or Transit agreement.

10 Legend Is Not Responsible For Content
Legend is not responsible for the content of any USENET posting, whether or not the posting was made by a customer of Legend. Legend is not responsible for the content of materials and information published by others, which are accessible through the Companies network, and does not accept responsibility for the violation of any laws resulting from such publication.

11 Removal of Materials
At its sole discretion, Legend reserves the right to remove materials from its servers and to terminate Internet access to customers that Legend determines have violated this Conduct Rules.

12 Complaint and Enforcement
Complaints regarding abusive conduct will be accepted via email at support@Legend.co.uk, provided a valid return address is included. Legend must be able to verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

Enforcement
Legend may, in its sole discretion, suspend or terminate a customer's service for violation of any of the Conduct Rules at any time and without warning. As a general matter, Legend attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service, but it shall not be obliged to do so.

13 Breaches of the Conduct Rules
In applying the Conduct Rules, it is intended that common sense and responsible attitudes should be the guiding principles. If you breach the Conduct Rules, you may receive a formal warning from Legend specifying the unacceptable conduct and notifying you that repeated breaches may result in Legend being temporarily or permanently withdrawn from you. If, after you have received a formal warning from Legend, your conduct continues to breach the Conduct Rules Legend will withdraw its services from you until such time as Legend is satisfied that you have implemented appropriate steps to ensure that your use of Legend's systems, services or equipment will comply with the Conduct Rules. Further breaches will be grounds for termination of your contract with Legend. Notwithstanding the above, Legend may terminate your contract with Legend without following the above procedures if you commit a breach of the Conduct Rules which in Legend's reasonable opinion is serious enough to merit immediate termination.

14 Further information
For further information or advice regarding this document or use of Legend's services please contact our technical support team.

CUSTOMERS HOMEPAGES

1. Webspace is available to all dial-up users of this system.

2. You may use up to a maximum of 10Mb of space.

3. Commercial use of your homepages space is permitted. This is an explicit exemption to the general Conditions of Use referring to selling on or sharing use of the service.

4. The Conditions of Use for the Standard Dial-Up account relating to disclosure of your passwords apply. Specifically your passwords are your responsibility and must not be disclosed to any third party.

5. You must maintain an index page called index.html in the root directory of your homepages space.

6. No user defined CGIs are permitted.

7. No support will be given for HTML authoring or page design.

8. No logs or any detail of who visited your site will be made available.

9. You will be responsible for retaining copies of your own data, we will not keep backups of your pages. You
may, however, download your own pages by FTP (using your account host name and password) for backup.

10. We accept no responsibility for loss of data, information in any form or other matters whatsoever which result from the use of this service.

11. We accept no responsibility for hit counters being reset or incorrect.

12. 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.

13. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your homepages site.

14. You must ensure that your index.html file [the first to be viewed on a site] does not contain any material liable to offend. A clearly readable warning page must be displayed before any adult material is displayed.

15. We shall not be held liable for any loss however occasioned as a result of the suspension, removal or unavailability of a customer's homepages site or material stored within it.

16. If your account is barred for any reason access to your homepages site may be suspended.

17. The limit on space is imposed by the process that accepts uploads. If you attempt to upload a file that exceeds your available free space the upload will normally fail. Should this check not operate for any reason, we reserve the right to request that you immediately remove enough files to bring you below the limit.

18. We reserve the right to remove any material from the homepages service at our sole discretion, without prior notice and without explanation.

19. We reserve the right to suspend any or all of the homepages service at any time, without prior notice and without explanation.

20. We will require sites that we consider to show excessive use to be modified or be moved to a different server. Excessive use shall be defined by us at your request.

21. We reserve the right to vary the definition of 'excessive use' at our sole discretion at any time without prior notice.

22. By uploading to the homepages host, you will be deemed to have agreed to and accepted the terms and conditions of use of the homepages service.

23. We reserve the right to vary the Conditions of Use and acceptable use policy for the homepages service at our sole discretion at any time and without prior notice.

24. Any decision made by us in relation to this service shall be final.

EMAIL

1. Legend Internet does not tolerate the sending of bulk or unsolicited email, or "spam". The use of any Legend Internet service to relay unsolicited email of any form, especially commercially based advertising email, is strictly forbidden.

2. Any bulk email that is sent through a Legend Internet service should be clearly confirmed through the use of an opt-in email list that ensures the user has clearly confirmed their wish to receive the email. The recipient of the email must also easily be able to opt-out of receiving email.

3. Any recipient that is listed on a senders email list must be aware that they are on said list, and that they provided the information or authorized a third party to supply the information that has led to them receiving the email being sent to them.

4. The use of Legend Internet email servers or email accounts to receive responses to unsolicited mass email is also prohibited. Using the Legend Internet services to send anonymous bulk email is also strictly forbidden.

5. Users who facilitate the sending of email must ensure that their services can not be misused to send spam. Any user running a mail server must ensure that it is not an open relay.

6. Legend Internet can offer advice to users who are unsure as to what this means. The guide at http://www.microsoft.com/technet/security/mail/excrelay.asp is a guide for preventing Microsoft Exchange from being an open relay, guides for many other mailservers can be found http://mail-abuse.org/tsi/ar-fix.html.

7. Legend Internet reserves the right to remove any user from a service due to violation of this policy. This may happen without prior notice. In most cases as we are made aware of a violation of this policy we will attempt to contact the user and discuss the appropriate follow up to the incident.

8. If any such mass mailing incident does occur through the Legend Internet services every effort will be made to ensure that the problem is resolved.