Netcom Ltd. ("Netcom") has designed its Acceptable
Use Policy ("AUP") to enhance the use of our
wireless Internet access and related services (the "Service")
by our customers ("you") by setting standards
for acceptable use and preventing unacceptable use.
This AUP forms part of the agreement between Netcom
and you; terms used in this AUP are used as defined
in Netcom's Terms and Conditions. All users of the Service
must comply with this AUP.
Definition: “the Service”
means the provision by Netcom of two-way data communication
services by wireless radio frequency on the Internet
Protocol via a shared Internet Access platform whereby
such Internet Access is contended or shared at specific
ratios, the ratios which will be disclosed by Netcom
to the customer on request, and such other additional
services as Netcom may at its option choose to make
available from time to time by means of the system,
and the delivery and use of the subscriber apparatus
to the customer.
For the benefit of all of Netcom's customers, Netcom
prohibits the following activities:
Improper Use of the Service.
You may not use the Service in a manner prohibited by
any law or regulation. Without limiting the foregoing,
you may not use the Service for any abusive purpose,
in any way that damages Netcom's property, or in any
way that interferes with or disrupts our network or
adversely affects other Netcom customers. You may not
attempt to circumvent user authentication or security
of any host, network, network element, or account (also
known as "cracking" or "hacking").
This includes, but is not limited to, accessing data
not intended for you, logging into a server or account
that you are not expressly authorized to access, or
probing the security of other networks. You may not
attempt to interfere with service to any user, host,
or network ("denial of service attacks").
This includes, but is not limited to; "flooding"
of networks, deliberate attempts to overload a service,
and attempts to "crash" a host. You may not
use any kind of program/script/command, or send messages
of any kind, designed to interfere with any server or
a user's session, by any means, locally or via the Internet.
Excess Utilization of Network Resources
The excessive use or abuse of Netcom's network resources
by one customer may have a negative impact on all other
customers. Accordingly, you may not use the Service
or take any action that will result in excessive consumption
or utilization of the system or network resources, or
which may weaken network performance, as determined
in Netcom's sole discretion. Acceptable usage consumption
is clearly defined by each service plan offered and
signed on by you. Such prohibited actions include, but
are not limited to: using the Service to host a web
server site which attracts excessive traffic at your
location, continuously uploading or downloading streaming
video or audio, UseNet hosting, or continuous FTP uploading
or downloading. In the event that Netcom detects excessive
use by you, Netcom may restrict your access to Netcom's
network, increase the fees associated with your Service,
including upgrading you to a higher class of Service,
or terminate your Service.
Copyright Infringement
You may not use the Service to transmit or receive any
material that infringes on any patent, trademark, trade
secret, copyright, or other proprietary or intellectual
right of any party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization
and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal
of copyrighted software.
Objectionable Material
You may not use the Service to post, transmit, or disseminate
objectionable material that is unlawful, threatening,
abusive, libelous, hateful, or encourages conduct that
would constitute a criminal offense, give rise to a
civil liability, or otherwise violate any law, order,
or regulation.
Junk E-mail
You may not use the Service to transmit or facilitate
any unsolicited or unauthorized advertising, promotional
materials, "junk mail", unsolicited bulk e-mail
and unsolicited commercial e-mail ("Spam").
Netcom considers any unsolicited commercial mail to
be Spam, regardless of the amount of mail sent, unless
the recipient has specifically requested the information.
Fraudulent Activity
You may not use the Service to make fraudulent offers
to sell or buy products, items, or services or to advance
any type of financial scam such as "pyramid schemes",
"Ponzi schemes", "chain letters"
and or solicit for money with an intention to defraud.
False Impersonation
You may not use the Service to impersonate any person
or entity, or falsely state or otherwise misrepresent
your affiliation with any person or entity.
Software Viruses
You may not use the Service to transmit any material
that contains viruses, worms, Trojan Horses, or other
code that manifests contaminating or destructive properties.
Collecting Information
You may not use the Service to collect, or attempt to
collect, personal information about third parties without
their knowledge and consent.
Newsgroups
You should use your best judgment when posting to any
newsgroup. Many groups have charters, published guidelines,
FAQS, or "community standards" describing
what is and is not considered appropriate. You must
abide by such guidelines. You may not post or list articles
which are off-topic according to the description of
the group or send unsolicited mass e-mailings to ten
or more people if such e-mail could reasonably be expected
to provoke complaints from its recipients. Netcom may
cancel any postings that violate this AUP as determined
by Netcom in its sole discretion.
Use of Your Account by Others
You may not, through action or inaction, allow others
to use the Service for illegal or improper activities.
You may not permit your network, through action or inaction,
to be configured in such a way that gives a third party
the capability to use the Service in an illegal or improper
manner.
Reselling
You may not reproduce, duplicate, copy, sell, resell,
or exploit any portion of the Service without Netcom's
prior written consent.
Lawful Use of Resources
Netcom 's users agree not to use Netcom's facilities
for any unlawful purpose. Users may not violate any
applicable laws or regulations of Nigeria within the
territory of Nigeria.
Transmission, distribution or storage of any material
o¬n or through the infrastructure, in violation
of any applicable law or regulation is prohibited.
This includes, without limitation, material protected
by copyright, trademark, trade secret or other intellectual
property right used without proper authorisation,
and material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws.
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