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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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