Acceptable Use Policy Unmetered FTTC & FTTP

1  This Acceptable Use Policy

1.1 This Acceptable Use Policy (AUP) applies to unmetered FTTC & FTTP connections (“Broadband Service”) as supplied to the end customer (the “Customer” or “You” or “Your”) by Novahub Limited using Novahub’s underlining service provider (the “Provider”).

1.2 This policy is made with Novahub and is made in conjunction with the Novahub Master Service Terms, the Services Agreement and any Schedules.

1.3 This Acceptable Use Policy (AUP) is intended to help protect our Customers, the Provider and the Internet community, from the inappropriate use of the Internet. This AUP sets out the rules which apply to the use of our internet connection services including your responsibilities, and permitted and prohibited uses of those services.

1.4 We remind Customers that when they are connected to the internet via our service they must comply with the law. Customers must not use our service:

1.4.1 For the improper use of a public electronic communications network which is or would be an offence under Section 127 of the Communications Act 2003; or

1.4.2 Any unauthorised access or denial of service attack which is or would be an offence under Sections 1, 2 or 3 of the Computer Misuse Act 1990; or

1.4.3 To commit an offence under the Regulation of Investigatory Powers Act 2000; or

1.4.4 To commit an offence under any other relevant UK legislation;

1.5 You understand that the administration of this policy requires the exercise of discretion and judgment. We agree to exercise good faith in the administration of this policy and in making determinations under the policy.

1.6 Your use of the Broadband Service constitutes acceptance of this AUP.

1.7 We reserve the right to revise and update this AUP from time to time.

2   Your Responsibilities

2.1 You are responsible for your actions when connected to the Providers network and the systems you access through your internet connection. If you act without care or irresponsibly in using your internet connection or your actions put at risk the integrity or security of the Providers network, systems or equipment, your access may be restricted, suspended or terminated, without prior notice.

2.2 You agree that you will not use, attempt to use or allow your internet connection to be used to:

2.2.1 Store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable law or which is likely to be offensive or obscene to a reasonable person;

2.2.3 Store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless you have a lawful right to do so;

2.2.4 Do anything which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;

2.2.5 Do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable law or which is in breach of any code, standard or content requirement of any other competent authority;

2.2.6 Do anything which interferes with other users or restricts or hinders any person from accessing or using your internet connection service or systems including the excessive usage of bandwidth under section 3 below;

2.2.7 Forge header information, email source address or other user information;

2.2.8 Access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;

2.2.9 Deliberately compromise the security or integrity of any network or system including the Provider’s network;

2.2.10 Knowingly access, download, store, send or distribute any viruses or other harmful programs or material;

2.2.11 Send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out below, or overload any network or system including the Provider’s network and systems (including the excessive usage of bandwidth under section 3 below);

2.2.12 Invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and consent;

2.2.13 Tamper with, hinder the operation of or make unauthorised modifications to any network or system; or

2.2.14 Authorise, aid, abet, encourage, conspire with or incite any other person to do or attempt to do any of the above acts.

2.3 In addition, you may not use the Provider’s network to create, transmit, distribute, or store content that:

2.3.1 Violates a trademark, copyright, trade secret or other intellectual property rights of others,

2.3.2 Violates export control laws or regulations,

2.3.3 Violates the privacy, publicity or other personal rights of others,

2.3.4 Impairs the privacy of communications,

2.3.5 Constitutes deceptive online marketing, causes technical disturbances to our network (including excessive usage of bandwidth under section 5 below), its affiliated networks, or the network used by customers to access the Email service, or

2.3.6 Violates the policies of such networks by, including, but not limited to, the intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data, or

2.3.7 Assists, encourages or permits any persons in engaging in any of the activities described in this section.

2.4 If you become aware of any such activities, you are obligated to immediately notify us and take all other appropriate actions to cause such activities to cease.

3. Excessive Usage of Bandwidth

3.1 The use of bandwidth which is inappropriate for a particular service is to be avoided. In the event that excessive usage of bandwidth on a consistent basis is detected we will contact you to propose a more suitable service as a replacement. If you decline to accept the suggested replacement service and the excessive usage continues, we reserve the right to restrict, suspend or terminate your access, at our discretion.

Examples of excessive bandwidth usage are:

  1. A circuit that uses in excess of 100GB of bandwidth in a 24-hour period
  2. A group of circuits (as part of the same company or end user group) that consumes bandwidth in excess of 100GB at each site on the same day(s).

Version 1.0 – Dec 2021