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Acceptable Use Policy and General Conditions April 2003


As a provider of Internet access, web site hosting, and other Internet-related services, www.icsm.biz offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and noncommercial information. www.icsm.biz respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, www.icsm.biz reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, www.icsm.biz has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing www.icsm.biz's services. This AUP will be revised from time to time. A customer's use of www.icsm.biz's services after changes to the AUP are posted on www.icsm.biz's web site, http://www.icsm.biz, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that www.icsm.biz cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because www.icsm.biz cannot monitor or censor the Internet, and will not attempt to do so, www.icsm.biz cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that www.icsm.biz does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over www.icsm.biz's network and may reach a large number of people, including both subscribers and non-subscribers of www.icsm.biz, subscribers' postings to the Internet may affect other subscribers and may harm www.icsm.biz's goodwill, business reputation, and operations. For these reasons, subscribers violate www.icsm.biz policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward www.icsm.biz, but also because it can overload www.icsm.biz's network and disrupt service to www.icsm.biz subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, www.icsm.biz has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. www.icsm.biz is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also www.icsm.biz's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using www.icsm.biz's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. www.icsm.biz is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through www.icsm.biz's network.

Defamatory or Abusive Language -- Using www.icsm.biz's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- www.icsm.biz reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that www.icsm.biz determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. www.icsm.biz will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with www.icsm.biz policy or applicable law. When www.icsm.biz becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

www.icsm.biz also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching www.icsm.biz's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. www.icsm.biz does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. www.icsm.biz has the right to directly take action against a customer of a subscriber. Also, www.icsm.biz may take action against the www.icsm.biz subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, www.icsm.biz anticipates that subscribers who offer Internet services will cooperate with www.icsm.biz in any corrective or preventive action that www.icsm.biz deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of www.icsm.biz policy.

www.icsm.biz also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, www.icsm.biz urges its subscribers to assume that all of their on-line communications are insecure. www.icsm.biz cannot take any responsibility for the security of information transmitted over www.icsm.biz's facilities.

www.icsm.biz will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. www.icsm.biz may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, www.icsm.biz may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. www.icsm.biz assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, www.icsm.biz may disclose subscriber information or information transmitted over its network where necessary to protect www.icsm.biz and others from harm, or where such disclosure is necessary to the proper operation of the system.

www.icsm.biz expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate www.icsm.biz policy. Finally, www.icsm.biz wishes to emphasize that in signing the service agreement, subscribers indemnify www.icsm.biz for any violation of the service agreement, law, or www.icsm.biz policy, that results in loss to www.icsm.biz or the bringing of any claim against www.icsm.biz by any third-party. This means that if www.icsm.biz is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against www.icsm.biz, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including www.icsm.biz and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@icsm.biz.

CONDITIONS FOR THE PURCHASE OF DOMAIN NAMES

.MU DOMAIN NAMES

All .mu domain names purchased, through Internet Communication Services Ltd., remain the property of their respective owners as stated when Pro-Forma invoice issued requesting payment, to client, from Internet Communication Services Ltd. for the purchase of such a domain name.

Price for .MU domain name is: Rs 3,000.00 (registrar fee for a 2 year period, expiration of
                                             domain name is 2 years from date of reservation).
                                             RS 450.00 registration and monitoring of renewal 2 years after
                                             date of reservation.

If a domain name leased, through Internet Communication Services Ltd, to a third party then registration and renewal fee of RS 450.00 will not be invoiced. The third party (Internet Communication Services Ltd.'s client) will be entitled to a first option, thirty days before the expiration of the two-year lease, to renew the lease for a further five years. If lease is renewed for a further period of five years then the fees, for the five-year lease, will be payable in advance at the rate of RS 1,500.00 per year with no further costs except the one off DNS broadcast.
If this first option is not implemented before the expiration of the two-year lease then it will become available again for any party that desires to lease the respective domain name for a period of two years.
Internet Communication Services Ltd. reserves the proprietor, moral, economical and intellectual rights not withstanding the industrial rights pertaining to the leased domain name.
Any .mu domain name reserved for a client has to be purchased or leased within 7 days of Pro-Forma being issued otherwise the .mu domain will be released and offered to third parties.
Any .mu domain name being hosted on our servers is subject to a DNS broadcast with a one off fee of RS 930,-

.COM, .NET, .ORG, .BIZ, .INFO DOMAIN NAMES

The same conditions, as for .MU, are applied except for the pricing which is at a uniform price of RS 1,200.00 for a two year period.

CONDITIONS FOR SMALL WEBHOSTING

Webhosting services offered for small accounts such as 1MB at RS 140, - per month are subject to be paid one year in advance as mentioned below.

TERMS OF PAYMENT

Payments, on new accounts, are to be prepaid if total amount is under RS 20,000. This excludes Search Engine Optimisation, where a full deposit is taken, and domain name registration as well as DNS broadcasts are also to be prepaid.
On amounts exceeding RS 20,000 then a 50% down payment is required and the balance upon completion.
Domain names that are leased, through www.icsm.biz, are not subject to a Rs 450.00 registration and renewal fee.

Existing client accounts, a 50% down payment is required on all projects (The above-mentioned exclusions are also valid with existing clients) and balance 30 days net.

Hosting services and e-mail accounts, where the amount is under RS 500, - per month per item, is invoiced 12 months in advance else 3 months.

The contract duration for all our services is for the period invoiced for services. If you are purchasing a service where the conditions of payment are i.e. 3 months in advance then the duration of the contract is for a period of 3 months. The contract is automatically renewed if not canceled, per registered post, 30 days prior to expiration of contract, for a 3 month service contract, and 3 months for one year service contract.

The contract duration for all other services including the 200 MB Signature Hosting is 12 months; should you want to cancel such a hosting service, or any other services, you do so per registered post at the under-mentioned address, 3 months before contract expiration, otherwise the contract will renew itself automatically for a further year.

All our prices are based on the current US $ rate of exchange and we reserve the right to adjust our prices without prior notification.

www.icsm.biz reserves the right to suspend all services, without prior notification, on overdue accounts. Overdue accounts will be subject to a one-off 10% administration fee surcharge not excluding further legal fees incurred through late payment. Subscribers/Clients agree to indemnify Internet Communication Services LTD on accounts where the services have been suspended due to the Subscribers/Clients nonpayment on overdue accounts.
If services are suspended, because of nonpayment, the contractual amount is still due. Should the services be suspended a second time then a reconnection fee of RS 1,000.00 will be due for each suspended services.

Discrepancies on outstanding accounts must be submitted, per registered post no later than 7 days after invoice due date of payment at the following address:

3, Mayer Road
Floreal
Mauritius

If discrepancies are not submitted within the prescribed delay, as mentioned above, it is to be understood that the Subscriber/Client has accepted the amount invoiced by Internet Communication Services Ltd.


CLIENTS/MEMBERS AREA

In our restricted area (Client/Members Area), there is confidential information, in accessing our client area you agree that this information remains the property of Internet Communication Services Ltd. or to their respective copyright owners and you will not discuss, distribute or duplicate this information for use to a third party external of your company or institution.

All services are subject to our Acceptable Use Policy and General Conditions of April 2003.

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