Colt Website terms and conditions Colt Acceptable Use Policy Colt Website terms and conditions 1. Colt’s web sites (the "Websites") are operated by Colt Technology Services Group Limited (registered number 03232904) whose registered address is at Beaufort House, 15 St. Botolph Street, London EC3A 7QN ("Colt" "we", "us", "our"). 2. These terms relate to your use of our Websites. Other terms may apply to Services provided via our Websites, and you should check to see what specific terms apply to any Services which you use. 3. We may terminate, change or suspend any part of our Websites, including any content, features, and hours of availability or these terms at any time. Continued use of our Websites after we have made any such changes will signify your consent to the changes. 4. Copyright in the material contained in our Websites belong to Colt Technology Services Group Limited, its affiliates or its licensors. All rights, save as expressly granted, are reserved. 5. Colt grants to you a licence to make one free copy of the information contained herein for personal or non-commercial use only. Accordingly, unless otherwise expressly stated, no part of the Websites may be copied, performed in public, broadcast or adapted without Colt's prior written permission. Any other use of materials on our Websites, without our prior written permission, is strictly prohibited. 6. Colt and the Colt logo and all brands and products referred to or detailed in the Websites are the trade marks of Colt Technology Services Group Limited or its affiliates. No rights are granted in respect of any of the above trade marks. If you are in doubt whether an item is a trade mark of Colt Technology Services Group Limited or its affiliates, please contact us for clarification. 7. While Colt has taken every effort to ensure that the information contained within our Websites is correct and kept up-to-date, you should be aware that, at any given time, some of the information may be incomplete, inaccurate or may have become out-of-date. Colt gives no warranty or makes any representation regarding the quality, accuracy or completeness of the content of the Websites. Further, no warranty is given that our Websites will be available on an uninterrupted basis, and no liability can be accepted in respect of any losses or damages arising out of such unavailability. 8. Subject to the next paragraph, Colt excludes all liability for any kind of loss or damage that may result to you or a third party – including, without limitation, any loss of income, profits, goodwill, data, contracts or use of money whether arising in tort (including without limitation negligence), contract or otherwise – in connection with the use, inability to use, or the results of use or non-use of the Websites. 9. Nothing in these terms or the Websites shall limit our liability for fraud or death or personal injury arising out our negligence, or for any other liability which cannot be excluded or limited under applicable law. 10. The use of third party websites is entirely at your own risk. Links contained in our Websites do lead to other websites not under our control, and we accept no liability for, or endorse, the content of any linked site or any link contained in a linked site. Accordingly, you should read the terms and conditions of those websites and direct any questions or comments about the linked website's contents to the relevant website provider. 11. You are not entitled (nor will you assist others) to set up links from your own websites to the Websites (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion. 12. We are committed to protecting your privacy in accordance with our Privacy Statement. Our Privacy Statement should be read in conjunction with these terms and conditions and forms an integral part of these terms. 13. If you transmit defamatory material to the Websites this may result in criminal and/or civil proceedings being commenced against you and you shall at all times indemnify Colt against all losses, expenses, damages, costs (including reasonable legal costs) suffered or incurred by Colt in relation thereto. 14. Nothing in these terms confers on any third party any benefits under the provisions of the UK Contracts (Rights of Third Parties) Act 1999 or equivalent locally applicable laws. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to this Act or equivalent locally applicable laws. 15. If any part of these terms is found to be void or unenforceable, it will be severed from the rest of the terms which shall remain unaffected. 16. You are granted access to the Websites on condition that you accept all of the above and the application of English law and the exclusive use of the English courts to govern matters in relation to the Websites subject to mandatory provisions of applicable law. You also agree to indemnify Colt and not to hold Colt liable for the result (foreseeable or otherwise) of your actions or omissions based on material contained herein. Colt Acceptable Use Policy 1 Introduction Colt and its subsidiaries (collectively "Colt") have formulated this acceptable use policy in order to encourage the responsible use of Colt's networks, systems, services, web sites and products (collectively "Colt's Network and Services") by our customers and other users ("Users"), and to enable us to provide our Users with secure, reliable and productive services. 1.1 This acceptable use policy (“Policy”) sets out: 1.1.1 The minimum standards of behaviour required from you when you use our network and the internet via our network; 1.1.2 certain actions which are prohibited; and 1.1.3 what we may do if you fail to meet those minimum standards. 1.2 The Policy is designed to protect both you and Colt from any claims from third parties that your use of the Colt’s services is inappropriate or damaging to such third parties. 1.3 The actions prohibited and the minimum standards set out in the Policy are not a complete list. If you are unsure about any contemplated action or use please contact support@colt.net. 1.4 By using the Services you agree to be bound by our Policy. 2 General Conduct Colt's Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. Users may not use Colt's Network and Services in order to transmit, distribute or store material 2.1 in violation of any applicable law or regulation; 2.2 in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others; 2.3 that is fraudulent, obscene, defamatory, libellous, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component; 2.4 containing fraudulent offers for goods or services or any promotional materials that contain false, deceptive or misleading statements, claims or representations; or 2.5 generally, in a manner that may expose Colt or any of its personnel to criminal or civil liability. 3 Lawful Use of Resources 3.1 Colt requires its customers to comply with Colt’s instructions and all legal and regulatory requirements relevant to their system, network and any services they may provide within the countries in which they operate. Where a customer fails to meet such legal and regulatory requirements the customer agrees to indemnify Colt against all losses, expenses, costs (including legal costs) or damages which may be suffered or incurred by Colt in relation thereto. 3.2 It is Colt's policy to assist police and law enforcement bodies in any practicable way when required by applicable law. Colt reserves the right to disclose information to such bodies or highlight any concern of potential illegal activities being carried out via Colt's networks or systems. 4 Sending of Electronic Mail 4.1 Under no circumstance will any Colt customer transmit unsolicited bulk email of any kind or permit the usage of unsolicited bulk email to advertise any site located on the Colt network. 4.2 Any mail server connected to the Colt network must not be configured as an open relay. Such a server could be used for the unauthorised transmission of bulk email, should this occur the transmission would be considered to have originated from the customer. 4.3 Customers must not use the Colt network or systems to transmit email with modified, false, inaccurate or purposefully erroneous headers or other information so that the origin of the e-mail is unclear or deceptive. 5 Disruption of Service and Network Security Breaches You agree to the following: 5.1 Under no circumstances should Colt customers utilise Colt's network or systems to gain or attempt to gain unauthorised access to any system. Actions considered unacceptable include, but are not limited to, network probing, network mapping, vulnerability scanning or the exploitation of vulnerabilities or misconfigurations in systems or networks, without prior authorisation with the intention of gaining unauthorised access or for any other purpose. 5.2 Any packets transmitted onto or across the Colt network by Colt or its customers should contain the correct source address of the emanating system. Any packets for which this is not the case may be prevented from traversing the Colt network without additional notice. 5.3 Networks must be configured so as not to accept external broadcast traffic. 5.4 Colt customers must not utilise any protocol or service with the intent of disrupting or preventing the legitimate use of any service by others. 5.5 Customers must not use Colt networks or systems to transmit viruses. 5.6 Customers must not use Colt networks or systems to install directly or indirectly any unauthorised software or other system modification on any system without prior authorisation of the system owner. 5.7 Customers must not attempt to intercept or modify any traffic traversing the Colt network. 5.8 Colt customers will not collect any personal information about other users of the Services without either the consent of those users 5.9 Colt does not make any guarantee about the security of data travelling over its networks. While Colt takes every practical step to protect such data it remains the responsibility of the communicating parties to ensure the security and integrity of their data. 5.10 Colt accepts no responsibility for the security of customer systems connected to the Colt network. Such security remains the responsibility of the customer. 5.11 Where a customer feels their security / privacy may have been compromised via a system connected to the Colt network it is entirely the customer’s responsibility to seek redress from any third parties. Colt will take all lawful and practicable steps to assist in any such investigation which maybe required, subject to the rights of such third parties. 6 Use of Material 6.1 Colt customers accept that Colt cannot control and is not responsible for the content of the Internet. Any concerns regarding the content of systems or networks not located on the Colt network should be directed at the relevant system or network owners and not at Colt. 6.2 Colt customers agree to conform to Internet protocols and standards. 6.3 Colt customers may not use Colt networks or systems to distribute copyright material unless they are authorised to do so by the copyright owner. Colt customers must not use Colt networks or systems for improper or unlawful purposes or to receive or send messages which are, in reasonable opinion, offensive, indecent, obscene, menacing, malicious or defamatory, or which infringe any intellectual property right (including, without limitation, trade marks, copyright, or rights relating to domain names), nor allow others to do so. 6.4 Colt takes no responsibility for any material created or accessible on or through Colt's Networks and Services that is not posted by or at the request of Colt. Colt does not monitor nor exercise any editorial control over such material, but reserves the right to do so to the extent permitted by applicable law. Colt is not responsible for the content of any web sites other than Colt's web sites, including for the content of web sites linked to such Colt's web sites. Links are provided as Internet navigation tools only. 7 Use of Usenet News Facilities 7.1 Users may have access through Colt's Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages, Usenet, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines and agreements. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, 7.2 Usenet facilities should be used only in accordance with relevant Usenet group rules. 7.3 Binaries should only be posted to binary Usenet groups. 7.4 Commercial or advertising messages should not be posted to multiple news groups 8 Violation of This Acceptable Use Policy Colt is not obliged to take active steps to monitor customer compliance with this Policy. In the event that Colt becomes aware of a breach of this Policy, Colt may take any or all of the following actions: 8.1 Colt may inform a network administrator of an issue or incident; 8.2 Colt may require help from a customer in resolving a security incident where that customers system(s) may have been involved 8.3 Colt may charge the offending party for the time and resources used in dealing with the breach; or 8.4 Colt may, without notice, suspend or terminate a network connection or connections. 9 System and Network Security Users are prohibited from violating or attempting to violate the security of Colt's Network and Services, including, without limitation, 9.1 accessing data not intended for such User or logging into a server or account which such User is not authorised to access; 9.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; 9.3 attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing"; 9.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or 9.5 taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. Colt will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations. 10 Other Activities 10.1 Colt’s customers must not engage in any activity, either lawful or unlawful, which Colt considers detrimental to its subscribers, operations, reputation, goodwill or customer relations. 11 Customer Familiarisation 11.1 Customers are expected to make themselves aware of any laws relevant to the service they are providing. 11.2 Colt is not responsible if a customer fails to make themselves properly aware of laws effecting the service(s) they provide. 11.3 Colt may, at its sole discretion, modify this Policy from time to time. Your continued use of the Services signifies your acceptance of any modifications to this Policy. Please check the Policy from time to time, which can be found at http://www.colt.net. 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