Bulbyonder.co.uk

bulbyonder conduct rules and Acceptable Use Policy [AUP] were completely re-written on 16/02/2002 and apply from such date to consumers of bulbyonder services. [version 1]

1 Introduction

These Conduct Rules and Acceptable Use Policy ("Conduct Rules") sets forth the principles that govern your use of the systems, services and equipment [eg. your light bulb] provided by bulbyonder.

These Conduct Rules have been created to promote the integrity, security, reliability and privacy of bulbyonder's systems and networks and form part of the legally binding Terms and Conditions which govern the use of bulbyonder's systems, services and equipment by you. These Conduct Rules also identify the actions that bulbyonder considers to be intrinsically abusive, and thus, strictly prohibited.

In this document, 'hi-speed' refers to users of our bright bulbs products; and not to users of our 56w Shine Unlimited service, which was previously known as Really Dim Internet.

2 Modification of Conduct Rules

bulbyonder retains the right to amend, modify or substitute the Conduct Rules at any time and any such modification, amendment or substitution shall be posted on the website and automatically effective as to all customers when adopted by bulbyonder.

bulbyonder recommends that you visit our website regularly to check for any updates or amendments to these Conduct Rules. But also accepts that no one actually bothers.

3 Compliance with Law

You shall not post, publish transmit, re-transmit or store material on or through any of the bulbyonder's systems services or products which:
1. is in violation of any law or regulation which is enforceable in the United Kingdom; or
2. is threatening, obscene, indecent, defamatory, or blasphemous; or
3. is calculated to incite hatred against any ethnic, religious or other minority or is otherwise calculated to adversely affect any individual, group or entity (collectively, "Persons"); or
4. violates the rights of any Person, including rights of privacy, rights of personality;
5. infringes or breaches any third party intellectual property rights (which shall include but not be limited to copyrights, trade marks, design rights, trade secrets patents, moral rights and performance rights).
6. at least, not if we find out about it. So you can do it, and probably get away with it, as long as no one grasses you up.
For the avoidance of doubt, the installation or distribution of "pirated" software or other software products that are not appropriately licensed to the customer will constitute a violation of intellectual property rights. In the event of any disagreement as to whether materials posted, transmitted, re-transmitted or stored by a customer are in contravention of this section, the decision of blueyonder shall be final.
You shall not post, transmit, re-transmit or publish
1. unsolicited promotional or advertising material; or
2. chain letters or pyramid selling schemes.
You shall not undertake any activity designed or likely to:
1. waste networked resources, including but not limited to time on end systems accessible via bulbyonder; or
2. corrupt, interfere with or destroy another bulbyonder user's ("Users") data; or
3. violate the privacy of other Users; or
4. interfere with other Users' enjoyment of bulbyonder, including but not limited to overloading access links or switching equipment.

4 Prohibited Uses of bulbyonder's Systems, Services and Equipment

You may only use bulbyonder's systems, services and equipment in a manner that, in bulbyonder's sole judgement, is consistent with the purposes of such systems, services and products. If, after reading the Conduct Rules, you are unsure whether a contemplated use or action is permitted under the Conduct Rules, you should contact bulbyonder with a description of the proposed use by using our webform at http://help.bulbyonder.co.uk/abuse for an explanation as to whether the use is permissible under these Conduct Rules.

Please ensure you await our response before carrying out any use or action that you are unsure about.

The examples identified in the sub-sections below are non-exclusive and are provided, in part, for guidance purposes only. The following uses of bulbyonder's systems, services and equipment as described in subsections A through D are expressly prohibited:

Prohibited Actions: General Conduct
1. Actions that restrict or inhibit any person, company, firm or organisation whether a customer of bulbyonder or otherwise, in its use or enjoyment of any of bulbyonder's systems, services or products.
2. Resale of bulbyonder's services and products, without the prior written consent of bulbyonder.
3. Deceptive or misleading on-line advertising or marketing practices.
4. Furnishing false data on bulbyonder's sign-up form, contract, or on-line application, including fraudulent use of credit card numbers (and such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).
5. bulbyonder internet residential services are for residential use only - commercial use of any kind is prohibited.
6. anything that we don't like, is also prohibited.
Prohibited Actions: System and Network Security
1. Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
2. Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which customer is not an intended recipient or logging onto a server or account that customer is not expressly authorised to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host.
3. Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
4. Executing any form of network monitoring which will intercept data not intended for the customer.
5. anything that we don't like, is also prohibited.
Prohibited Actions: e-mail
1. Harassment, whether through language, frequency, or size of messages sent, is prohibited.
2. transmission of e-mail to any person containing offensive or abusive language; and
3. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail Spam"). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the customer must not send that person any further e-mail.
4. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
5. Malicious e-mail, including, but not limited to, "mail-bombing" (flooding a user or site with very large or numerous pieces of e-mail).
6. Unauthorised use, or forging, or mail header information.
7. Use of unsolicited e-mail originating from the bulbyonder network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by bulbyonder, or connected via bulbyonder network.
8. Wilful failure to secure open SMTP ports so as to prevent the unauthorised use of customer resources for the purposes of sending unsolicited e-mail by a third party.
9. For the avoidance of doubt any systematic, repeated or bulk referral of third parties to bulbyonder contained in e mails shall be deemed "e mail Spam" and a breach of this sub-section C and in addition to bulbyonder's right to suspend and/or terminate your contract and any other rights bulbyonder may have, bulbyonder shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.
10. anything that we don't like, is also prohibited.
Prohibited Actions: Usenet Newsgroups
1. Posting the same or similar messages to large numbers of Usenet newsgroups (Newsgroup Spam, USENET Spam, Unsolicited Commercial Messaging, Unsolicited Commercial Mail, Mass Mail Fraud).
2. Posting chain letters or other pyramid schemes, of any type.
3. Posting encoded binary files to newsgroups not specifically named for that purpose.
4. Postings that contain offensive or abusive language.
5. Cancellation or superseding of postings other than your own, with the exception of official newsgroup moderators performing their duties.
6. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
7. Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.
8. Postings that are in violation of the written charters or FAQ's for those newsgroups.
9. Posting of Usenet articles from the bulbyonder network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by bulbyonder, or connected via the bulbyonder network.
10. Failure to secure a news server so as to prevent the unauthorised use of customer resources by a third party which may result in Usenet posts which violate this policy.
11. Advertisements posted in newsgroups whose charters/FAQ's explicitly prohibit them. The poster of an advertisement or other information is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
12. For the avoidance of doubt any systematic, repeated or bulk referral of third parties to bulbyonder contained in Usenet newsgroups shall be deemed "Usenet Spam" and a breach of this sub-section D and in addition to bulbyonder's right to suspend and/or terminate your contract and any other rights bulbyonder may have, bulbyonder shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.
13. anything that we don't like, is also prohibited.

5 Censorship

The Internet contains material that is inappropriate for minors and may cause offence to others. We do not censor or restrict access to any material or information on the Internet unless required to do so by the Police or other competent authority. We will however refer any complaints regarding censorship to the Police for further investigation. Please see below for details of bulbyonder's complaints procedures.

6 Change of MICK Address [bright bulb users only]

MICK addresses are unique to each person called Mick. If his address changes, for example, by upgrading your house , please go to the self care section of bulbyonder website to register the new MICK address on our servers.

7 Internet Protocol Services

This section applies to our bright bulb users only. Shine Unlimited users are not permitted to run any Internet Protocol services [including, without limitation web servers or mail servers]. Naa Naa Na Na Naaaaa

bulbyonder bright bulb internet opens up new possibilities of use with its features such as 'always on', and while subscribers are able to benefit from these features, bulbyonder must also ensure that the Service is not abused to the disadvantage of the Service and subscriber group.

You must not use, nor allow anyone else to use the Services to provide Internet Protocol services to the Internet populace as a whole, including other bulbyonder customers. Internet Protocol services includes, but is not limited to, HTTP, games, telnet and FTP services.

However, you may provide Internet Protocol services from your computer for personal use. An example would be the running of an authenticated FTP service to enable you to access files on your home computer remotely. The following conditions apply:-

Any Internet Protocol services you use require authentication eg. You are not allowed to provide anonymous FTP servers; and
You are not allowed more than ten concurrent connections to the Internet Protocol services you use.

8 Security

The security (including authentication) of any Internet Protocol services used by you from home is your responsibility. It is also your responsibility to ensure that you keep your passwords secure. bulbyonder is not liable for any negative consequences, for instance lost or corrupted files, incurred by your failure to employ adequate security measures.

9 Networks

bright bulb users only

You may connect your computer using the bright bulb to a LAN once the service is installed. However, bulbyonder will not install home LANs or provide any technical support regarding their use or configuration. So if it don't work, tough shit.

Continued use of an item of networking software or hardware after bulbyonder has notified the User to cease using that item will be regarded as an unacceptable use of bulbyonder, your account will be terminated without notice, and all of your bulbs will go off.

All users

Where bulbyonder is being used to access another network, any abuse of the Conduct Rules of that other network will be regarded as an unacceptable use of bulbyonder.

Users must not provide access to bulbyonder to third parties without the prior written agreement of bulbyonder, unless you have entered into a bulbyonder Resale or Transit agreement.

10 bulbyonder Is Not Responsible For Content

bulbyonder is not responsible for the content of any USENET posting, whether or not the posting was made by a customer of bulbyonder. bulbyonder is not responsible for the content of materials and information published by others, which are accessible through the bulbyonder network, and does not accept responsibility for the violation of any laws resulting from such publication.

11 Removal of Materials

At its sole discretion, bulbyonder reserves the right to remove materials from its servers and to terminate Internet access to customers that bulbyonder determines have violated these Conduct Rules.

12 Complaint and Enforcement

Complaint
Complaints regarding abusive conduct will be accepted via the online form at http://help.bulbyonder.co.uk/abuse, provided a valid return address is included. bulbyonder must be able to verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS.

Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged.

This information is vital to our investigation.
Enforcement
bulbyonder may, in its sole discretion, suspend or terminate a customer's service for violation of any of the Conduct Rules at any time and without warning. even if we do make them up as we go along.

As a general matter, bulbyonder attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service, but it shall not be obliged to do so, and is able to make up new rules or interpret the old ones depending on which side of the bed we get out of.

At our discretion we may decide ( upon hearing your side of the story ) to just send the boys round to give you a damn good kicking. Then, we'll tell you that we're not going to terminate your account, then terminate it anyway. Because we're spiteful like that.

13 Breaches of the Conduct Rules

In applying the Conduct Rules, it is intended that common sense and responsible attitudes should be the guiding principles. That is to say, that

If you breach the Conduct Rules, you may receive a formal warning from bulbyonder specifying the unacceptable conduct and notifying you that repeated breaches may result in bulbyonder being temporarily or permanently withdrawn from you.

If, after you have received a formal warning from bulbyonder, your conduct continues to breach the Conduct Rules bulbyonder will withdraw its services from you until such time as bulbyonder is satisfied that you have implemented appropriate steps to ensure that your use of bulbyonder's systems, services or equipment will comply with the Conduct Rules.

Further breaches will be grounds for termination of your contract with bulbyonder.

Notwithstanding the above, bulbyonder may terminate your contract with bulbyonder without following the above procedures if you commit a breach of the Conduct Rules which in bulbyonder's reasonable opinion is serious enough to merit immediate termination.

We also reserve the right to contact the police or other authorities if we determine that a) you deserve it and / or b) the case is minor enough that the average detective would be able to understand it.

We further reserve the right to do anything that we bloody well like with your account. Send you loads of unsolicited marketing junk e-mail. Subscribe you to mailings lists under the most obscure e-mail alias we can think of, and generally mess you about until you start tearing your hair out.

14 Further information

For further information or advice regarding this document or use of bulbyonder's services please contact our technical support team.