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It is a requirement of the eSterling Limited’s Terms and Conditions that all clients or their agents using its services accept and adhere to eSterling Limited's Acceptable Use Policy (AUP). eSterlingLimited may change this policy to include changes in the law or in the acceptable practice of internet use and reserves the right to make such changes without notice and whenever required. All clients are responsible for ensuring that they have read and understand the current policy.
Compliance with this AUP is a contractual requirement. Failure to observe the terms of this policy may result in the service becoming liable to termination or suspension. In the event that a service is suspended, eSterling Limited may be prepared, at its sole discretion, to restore the service on receipt of a written statement that the client or its agent will not commit any further abuse of the service. Any charges to re-instate service will be passed on.
eSterling Limited's relationship with its clients, its partners and other service providers depends on responsible conduct from all clients. eSterling Limited will not hesitate to protect itself and other clients and services should any form of abuse be found to be occurring.
This policy must be read in conjunction with:
Use of Services and the Internet in General:
The service must not be used for the transmission of illegal material. The client agrees to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, hard-core or paedophile pornography, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. Illegal use also includes where we are unable to provide services which are prohibited by current and future applicable statutes regarding sanctions.
The client agrees to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights.
Storage, distribution of or transmission of illegal materials by a client or their agents may lead to investigation and possible prosecution by the relevant authorities.
Any attempt by a client or their agents to gain unauthorised access to any computer systems or service for any purpose, in addition to being a breach of this AUP, may lead to criminal prosecution under the Computer Misuse Act.
Clients or their agents must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
Clients or their agents must ensure that local computing resources and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam' ,'UBE','UCE' ) or allow our service to be used in this manner.
Clients or their agents are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems, services, or networks except in circumstances where the remote user has given express permission for this to be done. eSterling Limited may ask for evidence of such permission.
Clients or their agents may not divulge service passwords to third parties and should take all reasonable steps to ensure that such information remains confidential.
Sending and receiving email involves the same responsibilities and approach as would be used when sending or receiving any other form of communication - written or printed mail, fax, telephone call etc. Most users fully understand what would be considered appropriate and acceptable when communicating with others and apply these considerations to their use of email. There are occasions when some users send mail or engage in online communication that others consider unacceptable - generally regarded as abuse by the online community.
If you find it difficult to determine what might be considered 'abuse' with online communication you should realise that, in general terms, anything that might be unacceptable, and possibly illegal, in other forms of communication will be equally unacceptable and possibly illegal online.
The client or their agents should not send emails that might cause annoyance, inconvenience or anxiety to a recipient. You should not send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.
The client or their agents must not use eSterling Limited mail services to send email to any user who does not wish to receive it.
The client or their agents must not use eSterling Limited mail services to send unsolicited email, in bulk (commonly known as 'spam') or individually.
The client or their agents must not use eSterling Limited mail services or network with intent to deprive others of service ('mail bomb').
The client or their agents must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.
The client or their agents must not use any email address that you are not authorised to use.
The client or their agents must ensure that any email servers connected to the service and operated by the client or their agents, are not configured to allow 'open relay'. Customers who abuse the eSterling Limited email service will be notified that their behaviour is unacceptable and may have their service suspended, terminated or blocked.
eSterling Limited reserves the right to restrict or block internet traffic to or from a client server, without prior notification, in the event of a failure to abide by the published terms of the Acceptable Use Policy. This may include, but not exclusively, the transmission of unsolicited email or the presence of an open mail relay.
If a customer account or service is suspended or blocked due to abuse, then service may be restored at eSterling Limited's sole discretion and generally will only be restored on receipt of a written assurance of future compliance with this Policy and on payment of an administrative charge for restoration of service.
Web usage includes the use of web space provided with client service, web hosting on eSterling Limited servers and the use of web services and space on client’s colocated servers.
eSterling Limited cannot and does not proactively monitor content on any web space maintained by clients or their agents (whether client space, web hosted or colocated services) and cannot and does not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.
The client or their agents undertake sole responsibility for the content of web pages owned and or operated by the client or their agents - whether on client pages, web hosted space or colocated servers - within the eSterling Limited domain or other domains hosted by eSterling Limited. The client or their agents undertake sole responsibility to ensure that all materials on any web site owned or operated by the client or their agents contains material that you have created or have permission to use.
The client or their agents undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.
Clients or their agents must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country. eSterling Limited may undertake investigation of content services if potential abuse is brought to its attention and reserves the right to remove any web page on our servers at any time and for any reason.
You may not use any shared system or service provided by eSterling Limited in a way that unnecessarily interferes with the normal operation of the shared system or service, or that consumes a disproportionate share of the resources of the system or service. For example, we may require you to repair coding abnormalities in your hosted code if it unnecessarily conflicts with other clients’ use of the service.
The client or their agents may not store on or via the service illegal material. The client or their agents agree to refrain from storing any materials which may be deemed to be offensive, abusive, indecent, hard-core or paedophile pornography, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force.
Abuse of eSterling Limited Services - Action by eSterling Limited
Please address all complaints about abuse of eSterling Limited services to abuse@esterling.co.uk.
eSterling Limited reserves the right to investigate suspected or potential abuse of its Acceptable Use Policy. If we become aware of possible abuse, either through our own investigations or through referral by another user or by a third party, we may begin an investigation that may include gathering information from all potential parties and materials on our servers. eSterling Limited reserves the right to suspend services or access during such investigations and/or to remove materials from servers (on a temporary or permanent basis). All actions will be determined on an individual basis and will not be taken to form any precedent.
eSterling Limited customers who engage in abuse of the service, the cloud and/or the internet will be notified that their behaviour is unacceptable and may have their accounts suspended or terminated if such abuse continues. If a service is suspended or blocked due to abuse, then service may be restored at eSterling Limited's sole discretion and generally will only be restored on receipt of a written assurance of future compliance with this Policy and on payment of an administrative charge for restoration of service.
All eSterling Limited clients acknowledge that eSterling Limited may be required by current or future legislation to access, store, copy or otherwise Customer data stored within or transmitted by our service. By accepting this Acceptable Use Policy you expressly agree that we may access and use your personal data or other account information in connection with any such investigation and may disclose such data to any third party who has a legitimate interest in the data, investigation or outcome.
eSterling Limited reserves the right to terminate service, with immediate effect and without further obligation or liability to Customers, as required by any law enforcement authority or by the Courts of the United Kingdom.
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