Acceptable Use Policy ("AUP")
A. General Assessment Direct Ltd and its affiliates ("Assessment Direct") provide to business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting arrangements, ATM, Frame Relay, voice and other data, online, internet-related and telecommunications services (each, a "Service" and collectively the "Services").
This document defines the Acceptable Use of the Services with a view of ensuring the integrity, security, reliability and privacy of Assessment Direct network, systems, products, services, server hosting facilities and data contained therein (collectively, the "Assessment Direct Network").
Assessment Direct's Customers are solely responsible for the content and messages that they post, distribute or otherwise make available using Assessment Direct Network and Services. Assessment Direct encourages its Customers to self-rate their websites and assessment content using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org).
For the purposes of this policy, a Customer is defined as any party who purchases a Service from Assessment Direct.
B. Prohibited Activities
It is contrary to Assessment Directs policy for any of its Customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.
Engaging in any other activity that:
ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS POLICY BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED A VIOLATION OF THE POLICY BY SUCH CUSTOMER OR CUSTOMER'S END USER.
C. Rights and Remedies
Assessment Direct may suspend and/or terminate a Customer's Service at any time for any material failure) of Customer, its representatives or its users to comply with this policy or for engaging (or permitting others to engage) in a Prohibited Activity (as determined by Assessment Direct, in its reasonable discretion.
Assessment Direct may deny all traffic from known IP address blocks that support indiscriminate port scanning programs such as ProxyHunter, or other unlawful activity, for the purpose of preserving Customer's system and network resources.
Assessment Direct reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, Assessment Direct reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount (i) equal Assessment Directs actual expenses incurred in preventing or responding to such activity, or (ii) up to US$ 500, whichever is greater.
For complaints of SPAM only: In addition to any applicable charges described above, Assessment Direct reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified US$10.00 per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the Network (they increase Assessment Direct costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers' mission-critical internet applications).
Nothing in this Acceptable Use Policy limits Assessment Directs rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.
D. Password Protection
Users are responsible for protecting their password and for any authorised or unauthorised use made of their password. You will not use or permit anyone to use Assessment Direct's Service to guess passwords or access other systems or networks without written authorisation. In the event a network or network device becomes compromised, Assessment Direct will assist in the tracking and/or expulsion of said offender on the network level to the extent Assessment Direct finds reasonable, at its sole and absolute discretion.
E. Access to Internet Data Centres for test / assessment completion
For Customers accessing Internet Data Centres (IDCs), in addition to, and to the extent not in conflict with, the rules of the individual IDC, only those individuals identified in writing by Assessment Direct or by Customer on the Customer Registration Form ("Authorised Personnel") may access the IDCs. Customer shall deliver prior written notice to Assessment Direct of any changes to the Customer Registration Form and the list of Authorised Personnel. Customer and its representatives shall not allow any unauthorised persons to have access to or enter any IDC. Customer and its representatives may only access that portion of an IDC made available by Assessment Direct to Customer for the placement of Customer's equipment and use of the IDC Services (the "Customer Area"), unless otherwise approved and accompanied by an authorised Assessment Direct representative.
F. Use of Internet Data Centre Facility
Conduct at Internet Data Centres. For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, Customer and its representatives agree to adhere to and abide by all security and safety measures established by Assessment Direct and set forth in the Customer Guide provided by Assessment Direct to the Customer.
Customer and its representatives shall also not do or participate in any of the following:
For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, Customer and its representatives shall keep each Customer Area clean, free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by Assessment Direct, (1) place any computer hardware or other equipment in the Customer Area that has not been identified in writing to Assessment Direct; (2) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any IDC."Prohibited Materials" shall include, but not be limited to, the following and any similar items:
G. Equipment and Connections
Customer Equipment.For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, each piece of equipment installed in a Customer Area (the "Customer Equipment") must be clearly labelled with Customer's name (or code name provided in writing to Assessment Direct) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labelled with Customer's name (or code name provided in writing to Assessment Direct) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide Assessment Direct with at least 48 hours prior notice any time Customer intends to connect or disconnect any Customer Equipment or other equipment.
H. Modification of This Policy Assessment Direct reserves the right to change this policy from time to time.
I. Scheduled Maintenance For information on scheduled maintenance, please view the maintenance schedule posted on Assessment Direct World Wide Web site at: http://www.assessmentdirect.co.uk
General disclaimer of liability for Assessment Direct Ltd
1 Assessment Direct Ltd is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Assessment Direct Ltd makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Assessment Direct Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
2 Neither Assessment Direct Ltd nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
3 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Assessment Direct Ltd's liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Assessment Direct respects the privacy of you, its customer and takes its responsibilities regarding the security of your customer information very seriously. Assessment Direct is committed to providing you with a professional, valuable and personalised service whilst safeguarding your privacy
Definitions of personal data
Personal data is any information that allows you to be identified. The types of personal data Assessment Direct will collect may include details of your name, address, telephone number, email address, fax number and date of birth.
Sensitive personal data is any sensitive data relating to you, including information about your racial or ethnic origin, political opinion, religious beliefs or other beliefs of a similar nature, membership of a trade union, physical or mental health or conditions, sexual life, commission or alleged commission of any offence or any proceedings for any offence committed or alleged to have been committed by you, the disposal of such proceedings or the sentence of any court in such proceedings.
The practices and procedures Assessment Direct
follow to collect your personal data
Assessment Direct collect personal data from you through the use of enquiry and registration forms, direct personal contact with you (for example, over the telephone) and every time you email us your details. Assessment Direct will only use your personal data where it is necessary to do so because it is relevant to Assessment Direct's dealings with you or where it is has your consent. Assessment Direct will not process sensitive personal data about you without your express consent.
Assessment Direct will use your personal data where it is necessary to do so because it is relevant to Assessment Direct's dealings with you (i.e. it is relevant to the provision of the goods and/or services that you have requested from Assessment Direct) including for billing, customer service and network management.
With your consent, Assessment Direct will use your personal data for direct marketing, including the provision of offers for Assessment Direct and its third party partners' products and services and customer surveys.
Direct marketing If you have consented at the point of collection to Assessment Direct (and/or any third party) providing you with direct marketing material you will be requested to elect the type of media via which this material shall be provided (for example, by post, e-mail, telephone or fax). Assessment Direct will only provide you with such material via your chosen media. If, at any stage, you object to Assessment Direct's use of your personal data for direct marketing or to the media in which such material is being sent, you may choose to unsubscribe to its receipt. If you have consented to receive third party direct marketing you will need to unsubscribe directly with that third party.
Use of "cookies"
Security of your personal data
Assessment Direct has in place appropriate technical and organisational security measures to prevent unauthorized or unlawful disclosure or access to or, accidental or unlawful loss of or destruction, or alteration or unauthorised disclosure of or access to, or other damage to your personal data. These measures ensure an appropriate level of security in relation to the risks inherent in the processing and the nature of the personal data to be protected. Your securely held personal data will only be accessible by select authorised members of staff within Assessment Direct.
Your rights to your personal data held by
Assessment Direct will only keep your information for as long as we are either required to by law, or as is relevant for the purposes for which it was collected.
During this period, you may contact the Assessment Direct Data Protection Officer at any time if you would like to see details of the personal data that we hold about you, details (available to Assessment Direct) as to the source of that personal data, the purposes for which your personal data are being used, details of the parties with whom we may share your personal data or to ask us to correct, update, supplement or delete this personal data.
Assessment Direct enforcement of this Privacy
What happens if you have a complaint about
Assessment Direct's use of your personal data?
If you make a complaint to your local Data Protection Officer and your complaint is unable to be resolved to your complete satisfaction, your complaint will be passed to the Data Protection Director to be resolved. If your complaint is still unable to be amicably resolved, it will be escalated. Any finding of misuse of your personal data by Assessment Direct shall be remedied as soon as reasonably possible.