ACCEPTABLE USE POLICY Version 4.04 - 2016

This acceptable use policy (the "Policy") defines acceptable practices relating to the use of GEN's services (the "Service") by customers (“Customers”) and by users that have gained access to the Service through Customer accounts (“Users”). By using the Service, you acknowledge that you and your Users are responsible for compliance with the Policy. You, as the Customer are responsible for violations of this Policy by any User that accesses the Services through your account(s), which includes without limitation Users for whom you provide services as a reseller. While it is not our intent to control or monitor online experience or the content of online communications, we may edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive.

The Policy applies to all aspects of the Service."GEN" means the GEN Partnership, and all of its companies. The scope of this document includes, without limitation, GEN's public and private networks, including all equipment, systems, facilities, services and products incorporated or used in such network.  As used in this Policy, “you” refers to Customers, and any reference to “Users” is intended to encompass, as applicable, both Customers and their Users.

This Policy is designed to assist in protecting the GEN Network, the Service, our Users and the Internet community as a whole from improper and/or illegal activity over Public or Private Networks, to improve Service and to improve Service offerings. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), Users must also conform to the applicable acceptable use policies of such other ISPs.

GEN's RIGHTS

Suspension or Termination of Service

If Users engage in conduct or a pattern of conduct, including without limitation repeated violations by a User whereby correction of individual violations does not in our sole discretion correct a pattern of the same or similar violations, while using the Service that violates the Policy, or is otherwise illegal or improper, GEN reserves the right to suspend and/or terminate the Service or the User's access to the Service.

GEN will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the Network or Services are threatened or cases involving unsolicited commercial email/SPAM, a pattern of violations, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment or copyright infringement, we reserve the right to suspend or terminate your Service or the User's access to the Service without notification. In addition, we may take any other appropriate action against you or a User for violations of the Policy, including repeated violations wherein correction of individual violations does not in our opinion correct a pattern of the same or similar violations. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy.

Cooperation with Investigations

GEN will cooperate with appropriate governmental & Police agencies and other parties involved in investigating claims of illegal or inappropriate activity and we reserve the right to disclose Customer information to said agencies upon request accompanied by satisfactory evidence. As a reseller Customer of GEN's Services (if applicable), by using and accepting Services, you consent to our disclosure to any government agency, of your identity as the service provider of record (including basic contact information), as applicable.

Modifications to Policy

GEN reserves the right to modify this Policy at any time without notice. We will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. Any such modifications shall be effective and applied prospectively from the date of posting.

PROHIBITED USES

Illegal Activity

The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorisation and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful. This includes without limitation any violation of the UK Racial and Religious Hatred Act 2006, The UK Communications Act 2003 and any subsequent act of parliament that introduces legal restrictions on the use and content of our networks. 

Unauthorised Access/Interference

A User may not attempt to gain unauthorised access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of GEN's infrastructure. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without authorisation. A User may not attempt to gain unauthorised access to the user accounts or passwords of other Users.

Unsolicited Commercial Email

A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient is prohibited. In addition, "spamming" is prohibited. Use of the service of another provider to send unsolicited commercial email or spam, to promote a site hosted on or connected to the GEN Network, is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages. We may at our sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active “spam operation” for purposes of taking remedial action under this Policy.

Spoofing/Fraud

Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.

A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User's identity in connection with use of the Service is prohibited.

COMPLAINTS

GEN receives complaints directly from Internet users, through Internet organisations and through other parties. GEN shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, before taking action under this policy. A complaint from the recipient of commercial email, whether received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited.

The following activities are also prohibited:

  • Intentionally transmitting files containing a computer virus or corrupted data.
  • If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations. 
  • Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of our services.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this policy, which includes the facilitation of the means to deliver unsolicited commercial email.
  • Any activity that disrupts, degrades, harms or threatens to harm GEN's Network or Services.
  • Any use of another party’s electronic mail server to relay email without express permission from such other party is prohibited.
  • Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this Policy, may result in suspension or termination of the User’s access to or use of the Service.
  • This listing of prohibited activities is not exhaustive and GEN reserves the right to determine that any conduct that is or could be harmful to the Network, our Customers or Internet users is in violation of this Policy and to exercise any or all of the remedies contained in this Policy.

Complaints

 

In most cases, we will notify our Customer(s) of complaints received by us regarding an alleged violation of this Policy to the Primary Contact on your account. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. 

RESPONSIBILITIES OF CUSTOMERS

Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You agree immediately to notify GEN via the helpdesk of any unauthorised use of your account or any other breach of security known to you. If you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us immediately.

 

 

Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration and we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet. If data/information security is required then GEN have a number of services that can assure point to point security over public networks. 

Additional Terms and Conditions

All of GEN's services are subject to General Policy 1 (GP1) and may also have separate specific terms and conditions.  

Complaints and Contact Information

All Complaints by User or Customers must be made via the helpdesk at Support.gen.net.uk and will be dealt with promptly and comprehensively.