Tiscali - Acceptable use policy

1 INTRODUCTION

Tiscali's aim is to provide Internet services to our customers that allow our customers to enjoy the freedom of the Internet. Part of that freedom comes from the breadth and flexibility of the Internet; another part comes from being able to use it as free from interference as possible. Both you as a customer and Tiscali as your service provider have legal and other responsibilities that must be adhered to in pursuit of this freedom (and, sometimes, in order to comply with national and international laws).

This acceptable use policy applies to all users of, and visitors to, our Website and to all users of any of our Services as set out in our Terms and Conditions.

This acceptable use policy:

1.1 sets out the terms between you and us under which you may access our website www.tiscali.co.uk (our Website);

1.2 defines the standards of conduct required of Tiscali users when using any of the Tiscali services; and

1.3 defines technical and capacity usage guidelines set by Tiscali to ensure that all users have access to a quality service.

Your use of our Website and / or our Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions and the Terms of Use of our Website.

www.tiscali.co.uk is a site operated by Tiscali UK Limited (we or us). We are registered in England and Wales under company number 0340817 and we have our registered office at 20 Broadwick Street, London, W1F 8HT. Our VAT registration number is GB712563061.

2 USE OF OUR WEBSITE

2.1 Our Website contains content that is protected by copyright, trademarks and other intellectual property rights. Unless otherwise specifically stated, you must not and must not allow anyone else to copy, store, modify, transmit distribute, publish, broadcast or otherwise use any such content except as necessary for the normal use and enjoyment of our Website. 2.2 You are solely responsible for evaluating the accuracy and completeness of any content appearing on our Website. We do not make any representations or warranties in relation to the content appearing on our Website. In particular, we do not make any representations or warranties regarding the accuracy, timeliness or completeness of the content. We will not be responsible for any loss or damage caused by relying on the content contained in our Website. 2.3 The content on our Website may include programs, data, information, graphics, music and video. Please note that the content, design, layout or any other feature of our Website may change from time to time due to editorial, rights clearance, non-availability or other considerations. 2.4 You are also solely responsible for evaluating the integrity of any goods and services offered for sale on our Website either by us or by one of our third party affiliates. We will not be held responsible in any way for any transaction entered into between Tiscali Members and third parties offering goods or services on our Website. 2.5 There may be additional terms and conditions which you will need to agree to in order to receive certain content on our Website or to purchase certain goods and services. These may be our own terms and conditions or those of third parties and will not affect these terms and conditions. 2.6 Your use of the Internet it is at your own risk and is subject to any applicable laws and regulations.

3 UNLAWFUL ACTIVITIES

You may use our Website and the Services only for lawful purposes. You may not use any Tiscali services:

3.1 for publishing, distributing, circulating or otherwise propagating any material which may be deemed illegal, abusive, offensive, anti-social, racist, distressing, harmful or threatening; 3.2 in any way which will infringe the rights of others including privacy and copyright; 3.3 in any way which will cause a reduction in performance or functionality of any computer or network facilities; 3.4 in any way that breaches any applicable local, national or international law or regulation; 3.5 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; 3.6 for the purpose of harming or attempting to harm minors in any way; 3.7 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; 3.8 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or 3.9 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or to gather information on any person without their explicit consent. You also agree not to access without authority, interfere with, damage or disrupt: 3.10 any part of the our Website; 3.11 any equipment or network on which our Website is stored; 3.12 any software used in the provision of our Website; or 3.13 any equipment or network or software owned or used by any third party.

4 EMAIL

4.1 You must not:

4.1.1 send emails that cause distress, anxiety or harm to another person or that breach any applicable local, national or international law;

4.1.2 send / knowingly receive emails that contain abusive, offensive or illegal content;

4.1.3 send emails for the purpose of harming minors in any way;

4.1.4 send emails that deliberately affect the performance or functionality of any computer or network facilities

4.1.5 to transmit, or procure the sending of unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

4.1.6 subscribe anyone else to a mailing list without their authorisation;

4.1.7 attempt to conceal your identity or impersonate any individual or organisation;

4.1.8 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or

4.1.9 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or to gather information on any person without their explicit consent.

4.2 Any emails that you have received, and that you have not downloaded, may be deleted from the Tiscali servers 90 days after they have been received. 4.3 Your email account must not be in excess of 10MB. Emails may be deleted should your email account exceed 10MB. [Please note: the account limit remains 5MB for LineOne customers. If you would like to increase your limit please register for a Tiscali product].

5 WEBSPACE

5.1 As part of the Broadband Services and Dial Up Internet Services we provide to you, you may set up your own web sites. You will be able to select a web site name. For example; http//:myweb.tiscali.co.uk/yourname. You will be responsible for any material that you or anyone else places on your web sites. 5.2 You must ensure that you are the owner of, or that you are authorised by the owner of, any trade mark or name that you wish to use as part of your web site address. We may reject or remove names that we believe may infringe someone else's trade mark. In addition we may reject or remove names that we believe are offensive. 5.3 If we receive a complaint about your website (or any part of it) we may suspend the entire website (or any part of it) without notifying you beforehand. We may then ask you to obtain the complaining party's written consent prior to reinstating your web site. We may also require you to provide us with written assurance as regards further material to be displayed on your website. If we believe that the material on your website is sufficiently harmful, unlawful or offensive, is illegal or we receive further complaints about your web site after we have already issued you with a warning, we may either again suspend your web site indefinitely or end the contract between us immediately without further notice to you. 5.4 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses that we incur as a direct result of the misuse of your website either by yourself or by someone you have knowingly allowed to place material on to your web site. 5.5 Your webspace must not contain:

5.5.1 content that is illegal, anti social, racist, distressing, threatening, defamatory of, abusive or harmful to others;

5.5.2 content that infringes third party intellectual property rights;

5.5.3 software to distribute spam, viruses, or programmes that cause harm to computers and networks.

5.6 Your webspace must not be capable of permitting you to

5.6.1 impersonate; or

5.6.2 pass yourself off as connected with; or

5.6.3 utilise in any domain name a trade mark belonging to another individual or organisation.

5.7 You may not run, or link to, a website where access is subject to a premium rate telephone charge. 5.8 If your website generates abnormally high traffic, Tiscali may investigate and where any other term of this AUP appears to be being breached, take appropriate action. 5.9 You are responsible for retaining copies of your own data - Tiscali will not be responsible for the loss of any files or data. 5.10 Tiscali may require that content and/or links be removed from your site should we consider them to be in breach of this AUP or the Terms and Conditions 5.11 We may remove any website you have created and deactivate your account if your website does not contain an index file (index.htm or index.html) in the root directory of your homepage or you have not accessed your website for more than 3 months. 5.12 If you exceed your 50Mb of space, you will be asked to remove excess files. Failure to so this will result in your site being removed. 5.13 You may only run CGI scripts provided by Tiscali. 5.14 On termination of your account with Tiscali for any reason, Tiscali will delete your site.

6 INTERACTIVE SERVICES

6.1 We may from time to time provide interactive services on our Website, including, without limitation:

6.1.1 Chat rooms.

6.1.2 Bulletin boards.

6.1.3 Forums

6.1.4 Newsgroups

("interactive services").

6.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). 6.3 We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 6.4 The use of any of our interactive services by anyone aged 16 or under is subject to the consent of their parent or guardian. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

7 CONTENT STANDARDS

7.1 These content standards apply to any and all material which you contribute to, and comments you post on, our Website ("contributions"), and to any interactive services associated with it including chat, newsgroups and forums. 7.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. 7.3 Contributions must:

7.3.1 be accurate (where they state facts);

7.3.2 be genuinely held (where they state opinions); and

7.3.3 comply with applicable law in the UK and in any country from which they are posted.

7.4 Contributions must not:

7.4.1 contain any material which is defamatory of any person;

7.4.2 contain any material which is obscene, offensive, hateful or inflammatory;

7.4.3 contain material which is inappropriate to the interactive service;

7.4.4 promote sexually explicit material;

7.4.5 promote violence;

7.4.6 contain mass messages or mass invites;

7.4.7 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

7.4.8 infringe any copyright, database right or trade mark of any other person;

7.4.9 be likely to deceive any person;

7.4.10 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

7.4.11 promote any illegal activity;

7.4.12 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

7.4.13 be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

7.4.14 give the impression that they emanate from us, if this is not the case; or

7.4.15 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

7.5 Additional Chat Room Rules:

7.5.1 do not type personal information into public channels;

7.5.2 do not give your password to anyone;

7.5.3 do not attempt to conceal your identity or impersonate any individual or organisation;

7.5.4 do not attempt to misrepresent your age to anyone; and

7.5.5 do not connect to the Tiscali chat server more than three times simultaneously using one connection.

7.6 Additional Newsgroup and Forum Rules:

7.6.1 do not hijack a thread by repeatedly adding postings designed to draw the readers' attention to separate forum, thread, site or issue;

7.6.2 do not post unsolicited bulk postings or 'spam';

7.6.3 do not continue a thread which has previously been deleted by Tiscali Forum Moderators or Tiscali staff, unless it is with prior permission from the Community Team

8 USE OF SERVICES

All Services (Dial-up packages and Broadband): 8.1 Do not disclose your username or password to anyone. You are responsible for the security of these. 8.2 Tiscali may request that you change your username and / or email address. 8.3 The services must not be used for business purposes. For information on Tiscali Business Services, please go to http://www.tiscali-business.co.uk/. 8.4 You must be at least 18 years old to be a Tiscali member. Sub-Users under this age must have permission from the account holder to access the Tiscali service.

For Anytime, Offpeak and Daytime packages:

8.5 Your account should only be used for a single Internet connection at any one time. 8.6 You may only use your Tiscali account from one number that you have given us upon registration. If this changes, you must contact customer services 0871 222 3311. (Calls are charged 10p per minute. Calls from a Tiscali Talk landline are charged at 5p per minute†. Lines are open 24 hours, 7 days a week) or by completing a form within the 'Contact us' area within the My Account area of the Tiscali portal. 8.7 Your Internet connection may be cut out every two hours. If you wish to continue surfing, simply reconnect. For Pay As You Go package: 8.8 Before using the Services, you must obtain permission from the person who pays the phone bill.

9 SECURITY

9.1 It is your responsibility to protect your computer from computer viruses, adware, malware spyware by installing and updating adequate anti-virus and security software.

10 GENERAL ABUSE

10.1 You must not run port scanning software on the Services. 10.2 You must not attempt to gain unauthorised access to any computer system. 10.3 You must not undertake any activity that has an adverse effect on the Tiscali service or its users.

11 SUSPENSION AND TERMINATION

11.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate. 11.2 Failure to comply with this acceptable use policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

11.2.1 Immediate, temporary or permanent withdrawal of your right to use our Website.

11.2.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.

11.2.3 Issue of a warning to you.

11.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

11.2.5 Further legal action against you.

11.2.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

11.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

12 CHANGES TO THE ACCEPTABLE USE POLICY

12.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.