Fair usage policy
This agreement is designed to protect both the rights of ourselves (Velocity1, or hereafter ‘us’ or ‘we’) and you (or ‘the customer’). By using our Services, you agree to comply with all parts of this Fair useage policy (hereafter called ‘FUP’) and we may terminate your account if you fail to comply with any of them
We may amend, modify or substitute this FUP at any time and any such modification, amendment or substitution shall be posted on our web site and become automatically effective on all Users as from the date of posting. We recommend that you visit our website regularly to check for any updates or amendments to this FUP.
2. Velocity 1's Right to Suspend, Restrict or Terminate Your Services
We will take action if you abuse the Services (for example, by sending spam or making racist Internet postings). The actions we may take include:
- a formal warning to you;
- suspension of your account (with or without notice);
- restriction of your access to the Services (or any part of the Services); or
- termination of your account.
Notwithstanding our right to restrict, suspend or terminate the Services, if you breach this FUP and/or our Terms and Conditions you may receive a formal warning from us specifying the unacceptable conduct and notifying you that repeated breaches may result in the Services (or any part of Services) being temporarily or permanently withdrawn from you.
If, after you have received a formal warning from us in accordance with paragraph above, your conduct continues to breach this FUP, then we will withdraw the Services (or part of the Services) from you until such time as we are satisfied that you have implemented appropriate steps to ensure that your use of our systems, Services or equipment will comply with this FUP.
If such a suspension is imposed, then this may be lifted at our discretion, upon receipt of a formal written undertaking from you not to commit any future relevant abuse. However, all cases will be considered individually (in our sole discretion) upon their merits.
3. Use of the Services
We reserve the right to investigate any suspected violation(s) of this FUP. When we become aware of possible violations, we may initiate an investigation, which may include gathering information from the User involved and the complaining party, if any, and examination of material on our servers, networks or any other equipment associated with the Services.
You must not use the Services in any way that is unlawful or illegal or in any way to the detriment of other Internet users. You also must not allow anybody using your connection to use the Services in any way that is unlawful or illegal or in any way to the detriment of other Internet users.
Velocity 1 does not place a limit on monthly network usage. However, in isolated cases (currently less than 0.1% of customers) where excessive network usage at busy times (9am to 9pm) is having a detrimental effect on other users, we may need to take appropriate action in accordance with the terms of this FUP to notify users of the impact they are having and require them to move some of their activity into the less busy period.
During an investigation, if we believe that a violation of this FUP or our Terms and Conditions has occurred, we may take immediate remedial action. Such action may include temporary or permanent removal of material from our servers, the cancellation of newsgroup postings, warnings to the User responsible, and the suspension, restriction or termination of the User's account. We will determine what action will be taken on a case-by-case basis.
In addition to and without prejudice to your obligations pursuant to our Terms and Conditions, you agree to comply with (and ensure that others using the Services comply with) all applicable laws, statutes and regulations in connection with the Services. As the User of record, you are responsible for all use of your account, irrespective of use without your knowledge and/or consent.
You are required to keep your contact details provided to Velocity 1 up to date.
Keeping your records up to date is important as we may need to send notices or other information to you using the contact information you gave us.
4. Use of Material
You are prohibited from storing, distributing, transmitting or causing to be published any Prohibited Material through your use of the Services. Examples of "Prohibited Material" shall be determined by us (acting in our sole discretion) and shall include (but are not limited to) material that: is threatening, harassing,
invasive of privacy, defamatory, racist, obscene, indecent, offensive, abusive, harmful or malicious;
You are prohibited from infringes or breaches any third party's intellectual property rights (which shall include, but not be limited to copyright, trade mark, design rights, trade secrets, patents, moral rights, paternity rights and performance rights) - this includes the use, distribution and/or copying of any material without the express consent of the owner.
You are prohibited from anything that is in violation of any law or regulation that is enforceable in the United Kingdom.
You are prohibited from unsolicited promotional or marketing material.
You are prohibited from chain letters or pyramid selling schemes; and programs containing viruses, hoaxes or any tools designed to compromise the security of other websites and/or systems.
We reserve the right to inform and/or report the storage, distribution, transmission, retransmission or publication of Prohibited Material (and/or any other materials which may constitute unlawful conduct by Users) to relevant authorities and/or regulators, in addition to any action we may take as outlined in this FUP.
5. System Security
We will not be liable for interruptions, reception, picture degradation, programming guide error, set top box failure or other problems with our television services which are beyond our reasonable control.
You agree that you will tell us about any fault in the services by phoning, emailing or writing to our Customer Care team who will aim to respond as promptly as possible.
If you prevent us from carrying out our maintenance (at a time previously agreed and arranged with you), or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee.
6. Prohibited Uses of Velocity 1's Systems, Services and Equipment
Users must not take any action that may restrict or inhibit any person, partnership, company, firm or organisation (whether a customer of Velocity 1 or not) in its lawful use or enjoyment of any of our systems, services or products.
- the sale or resale of our services and products;
- any form of on-line advertising or marketing practices - deceptive, misleading or otherwise;
- furnishing false data on our sign-up forms, contracts or on-line applications, including fraudulent use of credit card numbers (and such conduct is grounds for immediate termination and may subject the offender to civil or criminal liability); and
- trade or business use of the Services of any kind unless used during the course of working away from the usual place of work (“home working”).
Prohibited Actions: System and Network Security:
- 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 User, logging into a server or account the User is not expressly authorised to access, or probing the security of other networks without the express authorisation of the owner of such third
- party network(s);
- effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which the customer is not an intended recipient or logging onto a server or account that the customer is not expressly authorised to access. For the 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, any otherwise unspecified form of Denial of Service (DoS) attack, or attempts to "crash" a host;
- using any program/script/command, or sending messages of any kind, designed to interfere with or adversely affect a user's enjoyment of our network by any means, locally or by the Internet - including violating the privacy of other Users; and
- executing any form of network monitoring which causes the interception for malicious purposes of any data that does not belong to the User.
7. Internet Protocol Services
Users may only provide Internet Protocol Services ("IPS") within the limits set out in this Section 7. Users are deemed wholly responsible for any and all network traffic emanating from relevant servers and are required to ensure that such IPS
are secured against abuse by third parties. This includes (but is not limited to) ensuring that servers are running up to date security patches and are configured so as to not act as relay servers at any time. "Relay servers" mean servers that can be utilised by another Internet user to relay spam, or any other type of abusive network traffic.
Failure by Users to secure servers against such abuse may result in immediate suspension or termination of service by us (acting at our sole discretion), with no prior notice, in order to protect the overall network and services provided to other customers.
In addition to the above, Users' provision of IPS may not adversely affect any other users of our network (including telephony and internet services). Further, Users may not include within and/or distribute via an IPS any content without the
express consent of the owner of all relevant rights in such content (including but not limited to intellectual property rights). We reserve the right to monitor network traffic and to take appropriate action as required, including the right to restrict
any IPS. An example of such adverse usage could be the consumption of a high proportion of the available upload bandwidth over a significant period of time. We will not offer any technical support for the provision of IPS.
We may, in our sole discretion, suspend, restrict or terminate a User's service for violation of any of part of this FUP at any time and without warning.
Prior to terminating services as a general rule, we will attempt to work with Users to avoid future violations of the FUP and to ensure that there is no reoccurrence of the incident (but it shall not be obliged to do so).
9. Velocity 1 Is Not Responsible For Content
We are not responsible for the content of any Internet posting, whether or not the posting is made by a User.
We are not responsible for the content of materials and information published by others (including Users) that are accessible via the Services, and we do not accept liability or
responsibility for any such publication.
At our sole discretion (and without prejudice to any of our other rights related to this FUP and our Terms and Conditions), We reserve the right to remove any materials from any server under our control.