Acceptable Use Policy

INTRODUCTION

1. The purpose of this document is to provide an understanding of ENSIGHT’s Acceptable Use Policy.  This policy serves to define the accepted behaviour of users on ENSIGHT’s network.  This allows ENSIGHT to:

• Maintain the integrity and quality of their services,
• Protect their customers and infrastructure from abuse,
• Adhere to the current laws and regulations governing organisations and service providers in the countries that they operate in,
• Co-exist within the global Internet community as a responsible service provider.

THE NETWORK

1. The user acknowledges that ENSIGHT is unable to exercise control over the data passing over the infrastructure and the Internet, including but not limited to any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, ENSIGHT is not responsible for data transmitted over its infrastructure.

2. ENSIGHT's infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.

3. The user may obtain and download any materials marked as available for download off the Internet, but is not permitted to use their Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials.

4. The user is prohibited from obtaining, disseminating or facilitating over ENSIGHT’s network any unlawful materials, including but not limited to:

• Copying or dealing in intellectual property without authorization,
• Child pornography, and/or
• Any unlawful hate-speech materials.

5. To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, ENSIGHT reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof.

6. The action that ENSIGHT may take includes, but is not limited to:

• Limiting throughput;
• Preventing or limiting service through specific ports or communication protocols; and/or
• Complete termination of service to customers who grossly abuse the network through improper or excessive usage.

7. This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

8. Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided.

SYSTEM AND NETWORK SECURITY

1. All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through ENSIGHT) and includes but is not limited to the infrastructure of ENSIGHT itself.

2. The user may not circumvent user authentication or security of any host, device, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, device, or network (referred to as "denial of service attacks"). The host, device, network or account shall also not be used for any illegal purpose, including phishing.

3. Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. ENSIGHT will investigate incidents involving such violations and will involve and co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of ENSIGHT.
• Unauthorised monitoring of data or traffic on the network or systems without express authorisation of ENSIGHT.
• Interference with service to any user, device, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.

E-MAIL USE

1. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party and ENSIGHT can often result in disruption of service to other users connected to ENSIGHT. In addition, spam is unlawful in most jurisdictions, and ENSIGHT may be entitled to take appropriate steps against a user in contravention of any of the various applicable acts.

2. Maintaining of mailing lists by users of ENSIGHT is accepted only with the permission and approval of the list members, and at the members' sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.

3. Users may not forward or propagate chain letters nor malicious e-mail.

INTERCEPTION

1. The User acknowledges that ENSIGHT may be lawfully required to intercept communications in accordance with the provisions of various laws in the jurisdictions in which it operates. Any interception of communications shall be strictly in accordance with the requirements of these laws.

MANAGING ABUSE

1. Upon receipt of a complaint, or having become aware of an incident, ENSIGHT reserves the right to:

• Inform the user's network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.
• In the case of individual users suspend the user's account and withdraw the user's network access privileges completely.
• Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
• In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means.
• Take such action as may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code.
• Implement appropriate technical mechanisms in order to prevent usage patterns that violate this AUP.
• Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies.

2. Any one or more of the steps listed above, insofar as they are deemed necessary by ENSIGHT in its absolute and sole discretion, may be taken by ENSIGHT against the offending party.

LAWS AND LEGISLATION

1. ENSIGHT's infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of the country in which the user resides or operates

2. Transmission, distribution or storage of any material on 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.

LEGAL RIGHTS

1. Nothing contained in this policy shall be construed to limit ENSIGHT’s rights or remedies in any way with respect to any of the aforementioned activities, and ENSIGHT reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation:

• Investigating suspected violations of this AUP,
• Taking action to recover costs and expenses incurred in identifying and resolving abuse,
• Terminating users' access to and use of the ENSIGHT service;
• Levying cancellation charges to cover ENSIGHT’s costs in the event of termination of the ENSIGHT service.

2. In addition, ENSIGHT reserves all available rights and remedies with respect to such activities at law or in equity.

3. This AUP may be clarified or modified periodically and ENSIGHT reserves the right to modify this policy at any time, any such changes coming into effect as soon as they are published on the ENSIGHT website (www.getensight.com).

4. This policy is referenced by and forms part of ENSIGHT’s standard terms and conditions of service.

5. All cases of violation of the above Acceptable Use Policy should be reported to abuse@ensightnetworks.com.