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Introduction

This Acceptable Use Policy ("AUP") sets forth the principles that govern your use of the systems, services and equipment [e.g. your cable modem] provided by Telewest Limited ("Telewest"). This AUP has been created to promote the integrity, security, reliability and privacy of Telewest's systems and networks and forms part of the legally binding Terms and Conditions that govern the use of Telewest's systems, services and equipment by you. This AUP also identifies the actions that Telewest considers to be intrinsically abusive, and thus, strictly prohibited, however it does not purport to be a comprehensive list of actions that may be considered abusive and Telewest reserved the right to treat as abusive any action notwithstanding that it is not specifically mentioned in this AUP.

Modification of AUP

Telewest retains the right to amend, modify or substitute the AUP 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 Telewest. Telewest recommends that you visit our Website regularly to check for any updates or amendments to this AUP.

Compliance with Law

3.1

You shall not post, publish transmit, re-transmit or store material on or through any of the Telewest's systems services or products which:

i.	is in violation of any law or regulation which is enforceable in the United Kingdom; or
ii.	is threatening, obscene, indecent, defamatory, or blasphemous; or
iii.	is calculated to incite hatred against any ethnic, religious or other minority or is otherwise calculated to affect any individual, group or entity (collectively, "Persons") adversely; or
iv.	violates the rights of any Person, including rights of privacy, rights of personality;
v.	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).

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 Telewest shall be final.

3.2

You shall not post, transmit, re-transmit or publish:

i.	unsolicited promotional or advertising material; or
ii.	chain letters or pyramid selling schemes.

3.3

You shall not undertake any activity designed or likely to:

i.	waste networked resources, including but not limited to time on end systems accessible via blueyonder workwise; or
ii.	corrupt, interfere with or destroy another blueyonder workwise user's ("Users") data; or
iii.	violate the privacy of other Users; or
iv.	interfere with other Users' enjoyment of blueyonder workwise, including but not limited to overloading access links or switching equipment

Prohibited Uses of Telewest's Systems, Services and Equipment

You may only use Telewest's systems, services and equipment in a manner that, in Telewest's sole judgement, is consistent with the purposes of such systems, services and products. If, after reading the AUP, you are unsure whether a contemplated use or action is permitted under the AUP, you should e-mail Telewest with a description of the proposed use at policy@byworkwise.com for an explanation as to whether the use is permissible under this AUP. 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 Telewest's systems, services and equipment as described in subsections A through D are expressly prohibited:

Prohibited Actions: General Conduct

i.	Actions that restrict or inhibit any Person, whether a customer of Telewest or otherwise, in its use or enjoyment of any of Telewest's systems, services or products.
ii.	Resale of Telewest's services and products, without the prior written consent of Telewest.
iii.	Deceptive or misleading online advertising or marketing practices.
iv.	Furnishing false data on Telewest's sign-up form, contract, or online 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).

Prohibited Actions: System and Network Security

i.	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).
ii.	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.
iii.	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.
iv.	Executing any form of network monitoring which will intercept data not intended for the customer.

Prohibited Actions: e-mail

i.	Harassment, whether through language, frequency, or size of messages sent, is prohibited.
ii.	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.
iii.	Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
iv.	Malicious e-mail, including, but not limited to, "mail-bombing" (flooding a user or site with very large or numerous pieces of e-mail).
v.	Unauthorised use, or forging, or mail header information.
vi.	Use of unsolicited e-mail originating from the Telewest network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Telewest, or connected via Telewest network.
vii.	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.

Prohibited Actions: Usenet Newsgroups

i.	Posting the same or similar messages to large numbers of Usenet newsgroups (Newsgroup Spam, USENET Spam, Unsolicited Commercial Messaging, Unsolicited Commercial Mail, and Mass Mail Fraud).
ii.	Posting chain letters or other pyramid schemes, of any type.
iii.	Posting encoded binary files to newsgroups not specifically named for that purpose.
iv.	Cancellation or superseding of postings other than your own, with the exception of official newsgroup moderators performing their duties.
v.	Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
vi.	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.
vii.	Postings that are in violation of the written charters or FAQ's for those newsgroups.
viii.	Posting of Usenet articles from the Telewest blueyonder network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Telewest, or connected via the Telewest blueyonder network.
ix.	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 that violate this policy.
x.	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.

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 Telewest's complaints procedures.

Change of MAC Address

MAC addresses are unique to each Network Interface Card (NIC) or USB network interface . If this address changes, for example, by upgrading your PC or NIC, please contact Technical Support on 0800 953 1001 who will register the new MAC address on our servers.

Internet Protocol Services

Telewest's blueyonder workwise hi-speed internet opens up new possibilities of use with its features such as 'always on', and while subscribers are able to benefit from these features, Telewest 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 blueyonder workwise 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 e.g. You are not allowed to use anonymous FTP servers; and
•	You are not allowed more than ten concurrent connections to the Internet Protocol services you use.

Security

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

Networks

You may connect your computer using the cable modem to a LAN once the service is installed. However, Telewest will not install home LANs or provide any technical support regarding their use or configuration. Continued use of an item of networking software or hardware after Telewest has notified the User to cease using that item will be regarded as an unacceptable use of blueyonder workwise. Where blueyonder workwise is being used to access another network, any abuse of the AUP of that other network will be regarded as an unacceptable use of blueyonder workwise. Users must not provide access to blueyonder workwise to third parties without the prior written agreement of Telewest, unless they have entered into a Telewest Resale or Transit agreement.

Telewest Is Not Responsible For Content

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

Removal of Materials

At its sole discretion, Telewest reserves the right to remove materials from its servers and to terminate Internet access to customers that Telewest determines have violated this AUP.

Complaint and Enforcement

Complaint
Complaints regarding abusive conduct will be accepted via e-mail at policy@byworkwise.com provided a valid return address is included. Telewest 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
Telewest may, in its sole discretion, suspend or terminate a customer's service for violation of any of this AUP at any time and without warning. As a general matter, Telewest 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.

Breaches of the AUP

In applying the AUP, it is intended that common sense and responsible attitudes should be the guiding principles. If you breach the AUP, you may receive a formal warning from Telewest specifying the unacceptable conduct and notifying you that repeated breaches may result in blueyonder workwise services being temporarily or permanently withdrawn from you. If, after you have received a formal warning from Telewest, your conduct continues to breach the AUP, Telewest will withdraw its services from you until such time as Telewest is satisfied that you have implemented appropriate steps to ensure that your use of Telewest's systems, services or equipment will comply with the AUP.

Further breaches will be grounds for termination of your contract with Telewest. Notwithstanding the above, Telewest may terminate your contract with Telewest without following the above procedures if you commit a breach of the AUP which in Telewest's reasonable opinion is serious enough to merit immediate termination.

Further information

For further information or advice regarding this document or use of Telewest's services please contact policy@byworkwise.com.

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