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Acceptable Use Policy
1. This Acceptable Use Policy encourages the responsible use of ACnP's services and delineates the relatively narrow range of uses of ACnP services that are contrary to ACnP's mission, generally because such uses either pose an unacceptable risk to the stability, integrity, or quality of ACnP's systems or the systems of its vendors, or harm (or threaten to harm) the rights and interests of third parties. This Acceptable Use Policy supplements your Service Agreement with us. Uses of the ACnP services described below are prohibited.
2. Prohibited Uses
You agree to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by ACnP. The following are prohibited uses of our services:
2.1 - Transmission, distribution, uploading, posting or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind or nature. You may not transmit, distribute, or store material that contains a virus, "Trojan Horse," corrupted data, or any software or information to promote or utilize software or any of ACnP services to deliver unsolicited e-mail. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
2.2 - Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through ACnP's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on ACnP's servers, is prohibited. ACnP accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
2.3 - Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by ACnP customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any ACnP-hosted domain, or referencing any ACnP account, is prohibited.
2.4 - Advertising, transmitting, or otherwise making available or using any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
2.5 - Forwarding Internet users to any Web site that, if such web site were provided by ACnP, would violate the provisions of this Acceptable Use Policy.
2.6 - Using the Private Registration service to provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party.
2.7 - Using the DNS Manager service, or knowingly or recklessly permitting others to use the DNS Manager Services: (a) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (b) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (c) so as to materially interfere with the use of ACnP's network by other customers or authorized users; (d) in a manner that is inconsistent with ACnP routing policies, provided you have notice of such policies or such policies are publicly available on ACnP Web site; (e) in violation of the applicable acceptable use policies of ACnP's backbone providers, provided you have notice of such policies or such policies are publicly available on such backbone providers' Web sites; (f) to alter, tamper with, adjust, repair or circumvent any aspect of the DNS Manager Service provided by ACnP; or (g) in a manner which, in ACnP opinion, is inconsistent with the generally accepted rules of Internet etiquette and conduct.
2.8 - Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
2.9 - Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
2.10 - Engaging in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the ACnP network or on another provider's network.
2.11 - Using ACnP's services in a manner that interferes with the use or enjoyment of the ACnP network or other services by other customers or authorized users. This shall include excessive use of services which impair the fair use of other ACnP customers.
2.12 - Holding of ACnP (including its affiliates) or their employees or shareholders up to public scorn, ridicule, or defamation.
2.13 - Impersonating any person or entity, including, but not limited to, a ACnP official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
3. Responsibilities
3.1 - Email
Where provided, staff and students are responsible for regularly checking email accounts as an essential means of communication within the ACnP network. Users are reminded that email is no less governed by the law than any other form of communication and publication. Users are reminded that for legal and security reasons all emails carry the machine's IP address which with the cooperation of service providers allow the relevant authorities to identify and prosecute. ACnP reserves the right to analyze IP addresses and will cooperate fully with authorities when investigating complaints. Users are also asked to consider appropriate content for emails to avoid possible sources of disrepute, offense, embarrassment and personal intimidation, and in repeated cases, possible causes for the complaint of harassment. The use of ACnP resources to distribute unsolicited commercial or advertising material is expressly forbidden.
3.2 - Security
Users are also reminded of the importance of security for email and other electronic passwords in safeguarding the right to privacy and safeguarding against the possibility of unlawful misuse of identity. Logins are an official identification for examinations. Users are obliged to login using their IDs and passwords and to log out securely at all times. You must take all reasonable precautions to safeguard the integrity of passwords and other security measures and to prevent unauthorized access. Users are forbidden to divulge, share, or transfer any user IDs and passwords.
3.3 - Viruses
Users must take adequate precautions to protect computing resources from viruses and other malicious software - following recommended practice for dealing with disks, email attachments, and downloads; and at all times using the system's prescribed anti-virus software.
3.4 - Backup
Things will go wrong. Data loss is a fact in computing - whether through accidental or malicious damage. Users are responsible for ensuring adequate backups of all essential data.
3.5 - Privacy
Users are obliged to exercise due caution and diligence in respect of the privacy of others. The Internet is a public space, and confidential information, whether your own or another's, must be treated carefully. In particular, users are required, in as far as practicable, to take all necessary measures to protect personal and sensitive data, as defined by the Data Protection Act, 1998 and 2003, against unauthorized access, theft and accidental or malicious damage. ACnP is legally responsible for ensuring the accuracy and security of any personal data stored in its systems. Compliance with the Data Protection Act presents specific obligations for all members of staff on keeping personal data on computer - to protect against unauthorized access, accidental or malicious damage, protection against viruses, against data errors, and effective backups. Users are reminded that breach of copyright is an offense under the laws of the State - whether it be software, music, video, or Internet text content. Users are responsible for checking copyright information and ensuring that the correct license or permissions exist to either use, copy or modify the relevant content. Users are expressly forbidden to copy any licensed data and software, to use any resources for abuse of copyright, or to install or use any unlicensed software on ACnP equipment. Users are bound by the various license and other operating agreements for hardware, software and other services entered into by the network.
3.6 - Health & Safety
Users are required to take due care and diligence around electrical equipment, computer and electrical wiring, and electrical outlets; and to follow health and safety guidelines in the safe use of computer equipment. Users are required to treat the networks resources and equipment with due care and diligence. The consumption of food and drinks within computer facilities is expressly forbidden.
3.7 - Third Parties
Access to third party networks and services may also be covered by further regulation, security responsibilities, and the laws of other countries. At no time will ACnP ask you to divulge any third party account information or passwords.
3.8 – Shell Access
Any and all shell access including but not limited to SSH or direct login is forbidden unless otherwise stated by the administrator of the system and/or network. Access will be given on a need only basis. Shell access is a privilege that may be revoked at any time for any reason. An administrator may remove shell access if they feel the access has been compromised or the account has become inactive. It is your responsibility to keep your shell access private and secured.
3.9 – Samba Access
Samba access is a global privilege. Some private and copyright software is accessible over samba. Some of this data is stored by access for specific individuals. By using samba within the network you agree to access only the information you have legal rights to access.
4. Acknowledgments
4.1 - You acknowledge and agree that it is a violation of this AUP for your services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of ACnP's systems or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of your actions or those of a third party over which you have no control.
4.2 - You are solely responsible for the content you furnish to ACnP in connection with your Web site or other services we provide to you, or make available to others through use of our services. ACnP cannot and does not design (except where you are receiving our Design Services), review or screen content you provide to us for inclusion in your Web site (or that you use, provide or make available in connection any services we provide to you) and does not assume any obligation to monitor such content. However, you agree that we may review your Web site or other content in responding to a third party complaint or for any other reason.
4.3 - You may access and use our services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your use of our services. You agree that you will not (i) use the services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use our services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the services.
4.4 - You represent and warrant that no federal, state or local authority prohibits or materially limits ACnP from transacting business with you or providing our services to you or your agents, representatives, affiliates or related entities. If, at any time, a federal, state or local authority prohibits or materially limits the transaction of business or our provision of services to you or your agents, representatives, affiliates or related entities, such prohibition or restriction shall be a violation of this Acceptable Use Policy and a material breach of the Service Agreement.
5. Damage
5.1 - Any unauthorized attempts to access, modify or interfere with computer data, software, equipment or the integrity of the ACnP computing infrastructure, or any others, is expressly forbidden under this policy; and where applicable under the provisions of the Criminal Damage Act, 1991, may lead to criminal prosecution.
5.2 - It is an offense to knowingly introduce or spread a virus or other malicious software program.
Equipment
5.3 - Users are forbidden to perform any unauthorized setting changes on equipment or software or to connect any unauthorized equipment or software to ACnP resources.
Inappropriate Content
6. Inappropriate Content
6.1 - Users are expressly forbidden to use ACnP resources to access, hold or distribute grossly indecent, obscene, threatening, illegal, or otherwise inappropriate materials.
6.2 - In particular, with regard to the provisions of the Child Trafficking and Pornography Act, 1998, all users are obliged to report any instances of child pornography or its promotion, whether inadvertently accessed or unwillingly received, to ACnP and to the Gardaí.
6.3 - Users are also asked to consider, in as much as practicable, the fair and considerate use of the Internet within a public space - to avoid possible sources of upset or intimidation.
7. Violations
7.1 - ACnP reserves the right to analyze computer access logs, emails, and other content on ACnP systems when investigating complaints.
7.2 - If ACnP determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, ACnP may suspend, restrict, terminate, or take any other appropriate action with regard to your services without any obligation to refund fees paid. ACnP reserves the right to take such actions without notice to you. You understand that we reserve the right to conclude that your conduct is in violation of the standards set forth in this Acceptable Use Policy, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well founded, and even if (i) our opinion or suspicion is proven not to be well founded or (ii) we provide other customers services that have similar characteristics or are being used in a similar manner as your services. You agree that we, in responding to a third party complaint, reserve the right in our sole discretion to suspend or terminate the services subject to this Acceptable Use Policy without notice and with no obligation to refund fees paid. You also understand and agree that by providing you services, ACnP in no way endorses your Web site or deems your content to be suitable under the terms of this Agreement.
7.3 - You agree that ACnP shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
8. Disclaimer
8.1 - Users are reminded that although governed by the law, the Internet, whether as email or the World Wide Web, is home to a vast changing library of materials - some of which may be unexpected, or inappropriate for the ACnP environment, or incorrect, or unregulated, or illegal in this State or in others.
8.2 - As far as practicable, ACnP institutes measures to protect against inappropriate or unlawful use of its resources and for the health and safety of its staff and students, but cannot be responsible for content provided by third parties on the Internet.
9. Monitoring
9.1 - While email content, logs and network traffic are not normally monitored, it may be necessary as a result of disciplinary procedures or compliance with other legal obligations to do so. You should be aware that such monitoring is possible and may indeed occur even as a by-product of system problem-solving and regular backup procedures.
10. Discipline
10.1 - This policy, the IT Acceptable Use Policy (or IT Policy for short), forms part of the general rules and regulations of ACnP; and as such, it is the responsibility of all staff members to be aware of the policy and its specific measures.
10.2 - In general policy-related queries or reports on violations may be reported to ACnP.
10.3 - Persons in violation of this policy may find themselves subject to the ACnP's disciplinary procedures and/or criminal procedures.
11. Modifications to this Acceptable Use Policy
11.1 - You agree that ACnP, in its sole discretion, may modify this Acceptable Use Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. Use of the ACnP services after the posting period constitutes acceptance of the modification.


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