Acceptable use policy

2.1  We reserve the right to investigate any suspected violation(s) of this AUP. When we become aware of possible violations, we may initiate an investigation, which may include gathering information from the User involved and the complaining party, if any, and examination of material on our servers, networks or any other equipment associated with the services.

2.2  We will take action if you abuse our services. The actions we may take, in our sole discretion, at any time include but are not restricted to:

(a) a discussion on the phone or an informal email asking for your cooperation;

(b) a formal warning to you;

(c) suspension of the service (with or without notice);

(d) restriction of your access to all or any part of the service (with or without notice); or

(e) termination of the service (with or without notice).

2.3  Notwithstanding our right to restrict, suspend or terminate the service, if you breach this AUP and/or our terms and conditions we may issue a formal warning to you specifying the unacceptable conduct and notifying you that repeated breaches may result in all or part of our services being temporarily or permanently withdrawn from you.

2.4  If, after we have issued a formal warning in accordance with paragraph 2.3 above, your conduct continues to breach this AUP, then we will be entitled to suspend or withdraw (with or without further notice) all or any part of the services from you until such time as we are satisfied that you have implemented appropriate steps to ensure that your use of our Networks, services or equipment will comply with this AUP.

2.5  If such a suspension is imposed, then this may be lifted at our discretion upon receipt of a formal written undertaking from you not to commit any future relevant abuse. Until the formal written undertaking is received by us using the contact details specified in our formal warning under paragraph 2.3, the services will remain suspended.

2.6  You acknowledge and agree that Neos Networks is in no way responsible for any loss or damage arising or in connection with any suspension or withdrawal of all or any part of the services effected under this paragraph 2.

2.7  Prior to terminating services, as a general rule, we will attempt to work with Users (but are not obliged to do so) to avoid future violations of the AUP and to ensure that there is no reoccurrence of the incident(s) in question.

3.1  You must not use our services in any way that is unlawful or illegal or in any way to the detriment of other persons. You also must not allow anybody using your connection to use our services in any way that is unlawful or illegal or in any way to the detriment of other persons.

3.2  In addition to and without prejudice to your obligations pursuant to our terms and conditions, you agree to comply with (and ensure that others using the services comply with) all applicable laws, statutes and regulations in connection with the services. As the User of record, you are liable for all use of the services supplied to you irrespective of use without your knowledge and/or consent.

3.3  You are required to keep your contact details provided to Neos Networks up-to-date. Keeping such records up to date is important as we may need to send notices or other information to you using the contact information you gave us.

3.4  In the event that your use of our services is under investigation by relevant authorities, we reserve the right to suspend the services for the duration of the investigation.

4.1  The security of the services used by you is your responsibility. We are not responsible for the consequences of your failure to employ adequate security measures.

Network and Device security

4.2  Users are responsible for the security of their own Networks and devices that are directly or indirectly connected to our Networks.

4.3  If we identify that Networks and/or devices on the end of your connection are causing significant impact to our service or are part of a “botnet” (machines hijacked by others to distribute malicious software or other forms of abuse), we reserve the right to suspend or disconnect your services without notice.

4.4  You must take all reasonable precautions to protect yourself and your Networks and servers from viruses and other forms of malicious intrusion and use. We will not be responsible for any loss or damage howsoever incurred as a result of such intrusion or use.

Account security

4.5  You must keep your password(s) (if any) confidential and secure. If you think that your password(s) has become known to any unauthorised person or may be used in an unauthorised way you should take steps to change your password immediately. If you believe that any of your accounts or devices have been used to breach the terms of this AUP, you must inform us immediately.

5.1  Users must not take any action that may restrict or inhibit any person, partnership, company, firm or organisation (whether a customer of Neos Networks or otherwise) in his/her/its lawful use or enjoyment of any of our Networks, services or products.

5.2  Specific prohibited acts in relation to the network, services and equipment may include:

5.2.1  the sale or resale of our services and products (unless permitted in the applicable Service Schedule or Order Form);

5.2.2  any form of unsolicited or unwanted or deceptive or misleading advertising;

5.2.3  furnishing false data including fraudulent use of credit card numbers (and such conduct is grounds for immediate termination and may subject the offender to civil or criminal liability);

5.2.4  attempting to circumvent user authentication or security of any host, network, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorised to access, or probing the security of other networks without the express authorisation of the owner of such third-party network(s);

5.2.5  effecting security breaches or disruptions of communications. Security breaches include, but are not limited to, accessing data of which the customer is not an intended recipient or logging onto a server or account that the customer is not expressly authorised to access. For the 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, any otherwise unspecified form of Denial of Service (DoS) attack, or attempts to “crash” a host;

5.2.6  using any program/script/command, or sending messages of any kind, designed to interfere with or adversely affect a User’s enjoyment of our network by any means, locally or by the Internet, including violating the privacy of other Users; and

5.2.7  conducting, for malicious purposes, any form of network monitoring or interception of any data that does not belong to you.