Acceptable Use Policy
1. Purpose. The purpose of the ONE Communications (Guyana) Inc. and its affiliates and subsidiaries (hereinafter collectively referred to as “ONE”) Acceptable Use Policy (“AUP”) is to establish acceptable practices regarding the use of ONE’s various telecommunication services offered by ONE (individually “the Service” and collectively “the Services”) in order to protect the confidentiality, integrity and availability of information created, collected, and maintained.This AUP applies to ONE’s services that (i) provide or include access to the Internet, including Warp Drive services, hosting services, or are provided over the Internet or wireless data networks (collectively, “Broadband Service”), (ii) provide or include access to the public telephone switching network, including business lines, residential lines, PRIs and voicemail (collectively, “Voice Services”), and (iii) provide or include communications services through cloud-based services, including hosted PBXs, contact center services and cloud-based voicemail.
2. General. This AUP shall be applicable to all the Services provided to the Customer by ONE. By using the Services (defined as any telecommunication services provided by ONE), the Customer agrees to comply with the terms of this AUP and to be responsible for all users utilizing the Services. ONE reserves the right to change or modify the terms of the AUP at any time, effective when a revised version of the AUP is provided to Customer or when posted on ONE’s website, whichever is earlier. The Customer's use of the Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms. You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Service subscription(s). If you do not agree to comply with this AUP, you must immediately stop all use of the Service and notify ONE so that we can close your account
3. Illegal Use Prohibited. The Services and ONE’s network may be used only for lawful purposes. Access, transmission, distribution, storage or export of any material in violation of any applicable law or regulation is prohibited.
In general, this AUP prohibits uses and activities involving the Services that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service(s) by others.
No user of the Service may, individually or in combination with another:
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service(s) (except for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt performance of the Service or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any ONE’s (or ONE’s Suppliers) host, server, backbone network, node or service;
- resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
- accessing and using the Service with anything other than a ONE assigned Internet Protocol (“IP”) address.
4. Intellectual Property Rights of Others. The Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
5. Material or Content.. The Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, threatens the health or safety of others, is obscene, or defamatory.
6. Email and Usenet Abuse. The Services shall not be used to send unsolicited mail messages, including, without limitation, commercial advertising and informational announcements. A user shall not use another site's mail server to relay mail without the express permission of the site.
The Services shall not be used to post the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM").
The Services shall not be used to transmit a forged TCP-IP packet header, or any part of the header information, in an email or a newsgroup posting.
7. Security.The Services shall not be used to violate the security of ONE or any parties’ networks. Examples of security violations include, without limitation, the following:
Interference with service to any user, host or network including, without limitation, deliberate attempts to overload a system, mailbombing, flooding and broadcast attacks;
Unauthorized access (e.g., “hacking”) to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; or;
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
8. Other Prohibited Uses. The Services shall not be used for commercial by-pass of ONE’s international switching facilities or for interconnection to the public switched telephone network
The Services shall not be used in a manner which contravenes the terms and conditions of the service agreement between the parties and any license, concession or authorization granted to ONE.
The Services shall not be used contrary to recognized Internet Protocols.
9.Third Party Rules
Users may have access through the GTT+ Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements
The Services shall not be used in a manner which contravenes the terms and conditions of the service agreement between the parties and any license, concession or authorization granted to ONE.
The Services shall not be used in a manner that interferes with or adversely affects any other service provided by ONE.
The Services shall not be used to route any traffic or affect transmission by a route other than that authorized and approved by ONE for the purpose of providing the Services.
Users are prohibited from fraudulently evading any charge payable to ONE for the Services.
Users shall not circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use Services.
Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether specifically listed in this AUP, Terms of Use or Privacy Policy, may result in suspension or termination of the User's access to and use of the Service.
ONE’s Acceptable Use Policy applies to ONE’s plans and all ONE’s Services. ONE may take action if ONE considers your use to be in breach of the Acceptable Use Policy. Please ensure that you have read and understood our Acceptable Use Policy, which forms part of our terms and conditions and is published by ONE on its website.
10. Violation
ONE RESERVES THE RIGHT, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS AND CONDITIONS OF SERVICE SPROVIDED BY ONE AND WITHOUT NOTICE, TO SUSPEND OR TERMINATE THE SERVICES UPON THE FIRST OR ANY SUBSEQUENT VIOLATION OF THE TERMS OF THIS AUP.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS, BY CUSTOMER, ITS END USERS OR THIRD PARTIES ON BEHALF OF THE CUSTOMER OR AN END USER OF THE CUSTOMER SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY THE CUSTOMER.
A VIOLATION OF THE AUP BY THE CUSTOMER, AN END USER OF THE CUSTOMER OR THIRD PARTIES ON BEHALF OF THE CUSTOMER OR AN END USER OF THE CUSTOMER ARE A MATERIAL BREACH AND DEFAULT OF THE APPLICABLE SERVICE AGREEMENT BETWEEN ONE AND CUSTOMER.
11.Third Party Rules Users may have access through the ONE Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.
Privacy As the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."
Legal
The use of the ONE’s Network by a customer of ONE is subject to the terms and conditions of any agreements entered by such customer with ONE. This Acceptable Use Policy is incorporated into such agreements by reference.
This AUP is governed by the laws of Guyana.
Limitation of Liability and Indemnification
ONE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONE SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN ONE AND ITS CUSTOMER. OTHER LIMITATIONS OF LIABILITY ARE INCLUDED HERE BY REFERENCE INCLUDING THE TERMS OF USE AND PRIVACY POLICY OF THE ONE.
ONE MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
Indemnity
You agree to indemnify, defend, and hold ONE, its subsidiaries, affiliates, parent company, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this AUP, misuse or abuse of the Services, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in ONE’s defense of any claim in this regard. ONE reserves the right to assume the exclusive defense and control of any matter otherwise subject to ONE. You agree immediately to notify ONE of any unauthorized use of your account, or any other breach of security known to you.
