Acceptable Use Policy and General Conditions November 2006

www.i-p.mu / www.internetprotocol.i-p.mu / www.internetpromotion.i-p.mu / www.internetpublishing.i-p.mu / www.yellow.mu referred to hereafter as “the internet service provider” offers all its services subject to the following conditions.

Foremost and not excluding please read the following and consider as important:
By making payments to any of our internet service providers you also acknowledge having received, by E-Mail, a printable electronically locked PDF version of our AUP (Acceptable Use Policy) and General Conditions of November 2006 and accept them as our conditions as such. You also acknowledge the paragraph below when making payment to our group of companies.
All services offered by I.P Group of companies hence “the internet service provider” are subject to our AUP Acceptable Use Policy) and General Conditions of November 2006.
Our AUP and General Conditions will be revised from time to time. A customer's use of our group of company’s services after changes to the AUP and General Conditions are posted on www.i-p.mu's web site,
http://www.i-p.mu/policy.php, will constitute the customer's acceptance of any new or additional terms of the AUP and General Conditions that result from those changes.
If you did not receive an electronic locked PDF of our AUP by E-Mail then by effecting payment you agree to have consulted our AUP as posted here prior to payment hence when quoted and then invoiced.


As a provider of Internet access, web site hosting, and other Internet-related services, “the internet service provider” offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. “the internet service provider” respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; “the internet service provider” reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, “the internet service provider” has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing “the internet service provider’s services. This AUP will be revised from time to time. A customer's use of “the internet service provider’s” services after changes to the AUP are posted on “the internet service provider’s” web site, “the internet service provider”, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that “the internet service provider” cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because “the internet service provider” cannot monitor or censor the Internet, and will not attempt to do so, “the internet service provider” cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that “the internet service provider” does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over “the internet service provider’s” network and may reach a large number of people, including both subscribers and non-subscribers of “the internet service provider”, subscribers' postings to the Internet may affect other subscribers and may harm “the internet service provider’s” goodwill, business reputation, and operations. For these reasons, subscribers violate “the internet service provider” policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward “the internet service provider”, but also because it can overload “the internet service provider’s” network and disrupt service to “the internet service provider” subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, “the internet service provider” has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. “The internet service provider” is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also “the internet service provider’s” policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using “the internet service provider’s” network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. “the internet service provider” is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through “the internet service provider’s” network.

Defamatory or Abusive Language -- Using “the internet service provider’s” network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- “the internet service provider” reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that “the internet service provider” determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. “the internet service provider” will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with “the internet service provider” policy or applicable law. When “the internet service provider” becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

“The internet service provider” also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching “the internet service providers” facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. “The internet service provider” does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. “The internet service provider” has the right to directly take action against a customer of a subscriber. Also, “the internet service provider” may take action against the “the internet service provider” subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, “the internet service provider” anticipates that subscribers who offer Internet services will cooperate with “the internet service provider” in any corrective or preventive action that “the internet service provider” deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of “the internet service provider” policy.

“The internet service provider” also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, “the internet service provider” urge its subscribers to assume that all of their on-line communications are insecure. “The internet service provider” cannot take any responsibility for the security of information transmitted over “the internet service provider’s” facilities.

“The internet service provider” will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. “The internet service provider” may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, “the internet service provider” may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. “The internet service provider” assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, “the internet service provider” may disclose subscriber information or information transmitted over its network where necessary to protect “the internet service provider” and others from harm, or where such disclosure is necessary to the proper operation of the system.

“The internet service provider” expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate “the internet service provider” policy. Finally, “the internet service provider” wishes to emphasize that in signing the service agreement, subscribers indemnify “the internet service provider” for any violation of the service agreement, law, or “the internet service provider” policy that results in loss to “the internet service provider” or the bringing of any claim against “the internet service provider” by any third-party. This means that if “the internet service provider” is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against “the internet service provider”, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including “the internet service provider” and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to .

CONDITIONS FOR THE PURCHASE OF DOMAIN NAMES

.MU DOMAIN NAMES

All .mu domain names purchased, through “The internet service provider”, remain the property of their respective owners as stated when Pro-Forma invoice issued requesting payment, to client, from “The internet service provider”. for the purchase of such a domain name.

Price for .MU domain name is: € 140 (registrar fee for a 2 year period, expiration of domain name is 2 years from date of reservation).
Price for .IO domain name is: £ 120 (registrar fee for a 2 year period, expiration of domain name is 2 years from date of reservation).
Any .MU domain name being hosted on our servers is subject to a DNS broadcast with a one off fee of US$40,-
.COM, .NET, .ORG, .BIZ, .INFO DOMAIN NAMES

The same conditions, as for .MU, are applied except for the pricing which is at a uniform price of US$50 for a two year period inclusive of DNS Broadcast.

TERMS OF PAYMENT

Payments, on new accounts, are to be prepaid if total amount is under US$750. This excludes Search Engine Optimization, where a full deposit is taken, and domain name registration as well as DNS broadcasts are always prepaid.
On amounts exceeding US$750 then a 50% down payment is required and the balance upon completion.

Existing client accounts, a 50% down payment is required on all projects (The above-mentioned exclusions are also valid with existing clients) and balance 30 days net.

Hosting services and e-mail accounts, where the amount is under RS 500, - per month per item, is invoiced 12 months in advance otherwise every 3 months.

The contract duration is for the period invoiced for services. If you are purchasing a service where the conditions of payment are 3 months in advance then the duration of the contract is for a period of 3 months. The contract is automatically renewed if not cancelled, per registered post, 30 days prior to expiration of contract for a 3 month service contract.

The contract duration for all other hosting services including Signature Hosting and VPS Plans is 12 months; should you want to cancel such a hosting service you do so per registered post at the under-mentioned address, 3 months before contract expiration, otherwise the contract will renew itself automatically for a further year.

All our prices are based on the current US$ rate of exchange and we reserve the right to adjust our prices without prior notification.
“The internet service provider” reserves the right to suspend all services, without prior notification, on any overdue accounts. Overdue accounts will be subject to a one-off 10% administration fee surcharge not excluding further legal fees incurred through late payment. Subscribers/Clients agree to indemnify “The internet service provider” on accounts where the services have been suspended due to the Subscribers/Clients non-payment on overdue accounts.

PROCEDURES AND CONDITIONS ON WEB HOSTING SERVERS FOR OVERDUE NON-PAYMENT.

LAST WARNING AND CONDITIONS TO SENT TO CLIENT AS FOLLOWS:

When payment for web hosting has not been effected for the period of from (date of renewal) to (date of expiration) on time hence after several reminders for payment we proceed to back up your data and erase your server.

To obtain a copy of the back up as well reconnecting services then there is a service charge of Rs 5,000 as well as a new set up fee of Rs 1,500.

Backups are only kept for 7 days and then erased totally from our data centers.

Where discount for payments effected one year in advance 10% is granted this becomes void from the day that payment is due and in such case then payment for future web hosting services is payable 1 year in advance without discount. In such case invoice is amended, to show total without discount, and resent to client.

Prepayment discount will only be granted in the following year subject to payment being received on time at time of renewal.

If services are suspended, because of non-payment, the contractual amount is still due.

Discrepancies on outstanding accounts must be submitted, per registered post no later than 7 days after invoice due date of payment at the following address:

I.P Ltd (for group of companies)
Nalleetamby Road,
Phoenix,
Mauritius.

If discrepancies are not submitted within the prescribed delay, as mentioned above, it is to be understood that the Subscriber/Client has accepted the amount invoiced by “The internet service provider”.

CLIENTS/MEMBERS AREA

In our restricted area (Client/Members Area), there is confidential information, in accessing our client area you agree that this information remains the property of “The internet service provider”. Or to their respective copyright owners and you will not discuss, distribute or duplicate this information for use to a third party external of your company or institution.
All services are subject to our Acceptable Use Policy and General Conditions of November 2006.