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Periodically, Elive’s content editors attempt to review all user sites to check for violent or pornographic site content, together with any other illegal content. However, while every effort is made to exclude such sites, we cannot accept any responsibility for the content of such web sites.
Elive reserves the right to take any action which we deem appropriate against any user(s) who violate the terms of the Elive Acceptable Use Policy. This action may be in the form of the suspension, interruption, restriction, or in certain circumstances, the immediate termination of services to that user.
The core principle of Elive’s Acceptable Use Policy is that no customer shall use Elive services for any activity which contravenes the laws of Ireland or any other applicable Jurisdiction. No user may create, host or transmit violent, offensive or obscene material Accordingly users may not use Elive’s services for purposes which:
a.infringe the proprietary rights of software;
b.compromise the privacy of others;
c.would destroy the integrity of computer based information.
The Elive Acceptable Use Policy has been formulated with the following goals in mind:
Ensure the security, reliability and privacy of Elive’s systems and network, and
the networks and systems of others
Avoid situations that may cause Elive to incur civil liability
Maintain the image and reputation of Elive as a responsible provider
Preserve the value of Internet resources as a conduit for free expression
Encourage the responsible use of net resources, discouraging practices which
degrade the usability of network resources and thus the value of Internet services
Preserve the privacy and security of individuals
The following rules apply while using the Elive or Elivefree.net services:
1. The use of any Elive service for illegal purposes (or to solicit any illegal act) is strictly prohibited including, without limitation the regulations promulgated by the Irish Securities and Exchange Commission, any rules of any national or other securities exchange. Customer agrees not to use Elive or Elivefree’s email Service to interfere or disrupt networks connected to the email Service.
2. Pornographic, obscene, nude, graphically violent, and other inappropriate images are strictly prohibited. (The level of acceptability of material is to be determined by Elive administration).
3. Defamatory, libelous, hateful, pornographic, profane or obscene language is strictly prohibited.
4. Offensive and indecent Customer names, screen names, or handles are not allowed and will be prohibited. In the event any such misleading Customer profiles, Customer names, screen names, or handles appear on the service, they will be immediately revoked.
5. Solicitation of gambling is prohibited.
6. Do not disrupt the flow of a discussion by repeatedly posting the same message or image or posting excessively large images.
7. Parental permission is required for children 12 years of age and under to use any community applications (e.g. chat, email, newsfeed).
8. Impersonation of others, including but not limited to, an Elive employee or representative or another Elive Customer is forbidden. Customer names or handles that impersonate may be blocked.
9. Elive may elect at its sole discretion to monitor some, all, or no areas of Elive and Elivefree sites and services for adherence to these rules or other Elive rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, Elive is acting as a passive conduit for such distribution and Elive is not any obligation or liability relating to any content or activities in community applications as described in more detail in Elive’s Disclaimer.
10. It is our policy in Elive to respect the privacy of our Customers. Users acknowledge that Elive may disclose certain registration information in the aggregate to 3rd parties as described in our Privacy Policy. Elive reserves the right to edit or disclose the contents of your private communications to law enforcement authorities, if in Elive’s good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on Elive; (ii) protect and defend the rights or property of Elive; or (iii) act under exigent circumstances to protect the personal safety of Elive’s Customers or the public.
11. Elive is not responsible for any user generated content. We reserve the right to remove any homepages or other user generated content that are in violation of the Terms and Conditions or this Acceptable Usage Policy. Customers are legally responsible for the content of their Personal Homepages including, but not limited to, use of copyrighted material, or posting material considered indecent for minors.
12. You and any person who has access to your Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any message, information, text, data or other materials (“Content”). Elive reserves the right to remove Content which is deemed in Elive’s sole discretion unlawful, harmful, defamatory, hateful, offensive, or otherwise objectionable in violation of the House Rules or any rules or policies Elive has in place at the time. Customer agrees not to use Elive for chain letters, junk mail, unsolicited bulk mail, or any type of Spam[13].
13. Customer access will be revoked if any of the following activities occur:
– making available copyrighted software which has been “cracked” (e.g., copyright protection for the software has been removed)
– making available serial numbers for software which can be used to illegally validate or register software
– making available tools which can be used for no purpose other than “cracking” software.
– commercial use or reselling of the Elive or Elivefree email service. The Elive and Elivefree email services are for individual home use only.
14. If Elive becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities or by notification from a third party, the Elive Customer responsible for the page with the infringing material will, at Elive’s sole discretion, have the offending home page deleted and Customer’s account revoked.
15. Any software developed, or programming performed by Elive remains that property of Elive. Use of any said developments on any computer other than Elive Designated Servers, without the prior consent of Elive, constitutes a breach of contract and is deemed as software piracy and can result in a customers account being revoked and legal action for damages arising.
16. Elive’s Customers and Resellers are bound to the Terms and policies for usage of any of our Suppliers services. These apply to all Elive services with specific mention to our dialup, DSL, domain registration and Virus Scanning services. Third Party policies can be viewed at:
.co.uk Domains
.com,.net,.org
.tv
DSL
Dialup Access
17. Uploading of any Third Party software developments other than those pre-approved by Elive to Elive servers is strictly forbidden. Specifically, CGI scripts and WebDNA coded pages are not allowed. Normal HTML, Javascript, GIF and JPEG files do not fall into this category. Any breach of this will result in the customer’s account being revoked.
18. WE RESERVE THE RIGHT TO TERMINATE ANY CUSTOMER FOR ANY REASON OR NO REASON AT ALL.
Customers must accept individual responsibility for their accounts. We expect that all Elive and Elivefree customers will adhere to reasonable security standards. For example, customers should not share passwords, leave passwords lying around in plain text, make their passwords available to others, or otherwise compromise the security of their account. Our dialup accounts are single user only. Unless we have reason to believe an account was broken into by means beyond the customers’ control, we have to hold the customer responsible for policy violations stemming from said account.
The Customer hereby agrees to indemnify and hold Elive and its employees harmless from any claim, costs, damages, loss or expenses of whatsoever nature arising out of claims by any third parties alleging that use of the Elive network and/or the Elive connection through use of the customer’s account has infringed any intellectual property or right of any kind or any applicable Irish or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements incurred by Elive. The customer shall provide Elive with notice of any claims of such nature which come to its attention without limitation to the foregoing.
The Customer acknowledges that Elive is unable to exercise control over the content of the information passing over the Elive connection and/or the Elive network and Elive hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
Specifically, customers may not:
1. Share your password with anyone or allow anyone else to use your personal use account except in your immediate presence.
2. Tamper with other accounts, or commit unauthorised intrusion into any part of Elive’s system or use any of Elive’s equipment, files or services to intrude without authorisation into any other system (cracking).
3. Use Elive services not included in the “Elivefree” service or devise ways to circumvent security so you have access to services you have not paid for (theft of services). Any users who have been found to participate in or instigate such activities will be prosecuted.
4. Use the system willfully or negligently in a manner that encumbers disk space, processors or other system resources so as to interfere with others’ normal use of services on Elive or on other systems (a “denial of services” attack).
5. Create or participate in chain letters or pyramid schemes or other such activities.
6. Harass users (on Elive or elsewhere). Examples of harassment include sending email or real-time messages to a user who has asked explicitly and unambiguously that you not do this. Publishing someone’s real-world data (phone number, address etc.) in a news group or on the web, etc. in such a way as to cause the person trouble or to incite others to do so (even if you do not do it yourself) is also forbidden. Establishing that the information you published is available, say, in a phone book or other such directory service somewhere does not constitute a defence of this kind of harassment. In some cases, an harassing user may be warned against engaging in similar behaviour with other users as well.
7. Abuse the services of a remote server, or violate a remote system’s terms of service while connected to that service from your Elive account.
8. Send unsolicited mass mailings or unsolicited subscriptions with a “negative option” for continuation. (The negative option is one where you invite people who do not wish to receive further mailings to reply to you.)
9. Run daemons , MUDs , BOTs , or other background processes.
10. Run a server from your non-dedicated Slip/PPP dialup account .
11. Send mail messages without either a valid and correct “From:” or “Reply-to:” header, as per RFC 822 .
Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers.
With regards to Elive and Elivefree mail servers, Elive places a high value on privacy. Please refer to our Privacy Policy for in-depth details. It is Elive’s policy to only examine users’ mail when absolutely necessary. However, Elive must reserve the right to examine users mail where Elive considers this to be necessary. Such situations include, but are not limited to troubleshooting email delivery problems, or whenever required to by law.
The following rules pertain specifically to Usenet[12] postings. If you never use Usenet , they do not apply to you.
1. Spam the net with commercial or non-commercial postings.
2. Wilfully or negligently flood Usenet[12] news groups.
3. Post Usenet[12] articles without either a valid “From:”[9] or “Reply-to:”[10] header, as per RFC 822[11].
4. Post binary messages to a non-binary Usenet[12] newsgroup.
We reserve the right to terminate any account for other kinds of nontrivial misbehaviour, or for any breach of the terms of this acceptable usage policy. In all of these matters, decisions by Elive’s staff are final.
We reserve the right to change this agreement without prior notice. The latest version is available at http://www.elive.ie orhttp://www.elivefree.net.
Customers who find any of the following terms and explanations inadequate in aiding their comprehension can contact Elive’s customer service department for an in depth description. The Elive customer services department can be contacted by phone at 061 305038. Calls are charged at national call rates. Alternatively, Elive can be contacted at the following postal address:
Elive™ Ltd
97 Henry Street
Limerick,
Munster,
Ireland,
V94 V4Y2
Tel: 061 305038
Fax: 061 305039
Email: info@elive.ie
Web: https://www.elive.ie | http://www.elivefree.net