1. ConnectMK Acceptable Use Policy

1.1. Definitions

Term	Definition
Acceptable Use Policy	This document detailing user activity that is deemed unacceptable by ConnectMK.
Users	A Customer or any individual user or group of users of the WiMAX service provided by ConnectMK

1.2. Introduction

This Acceptable Use Policy ("AUP"S) outlines the principles that govern use of the systems, services and equipment directly or indirectly provided by CONNECTMK Limited ("CONNECTMK") in connection with the provision of WiMAX wireless internet access (The Services). The terms set out in this document form part of CONNECTMK’s terms of supply and should be read carefully as they define obligations that must be complied with by any user of the CONNECTMK Services whether supplied directly by CONNECTMK or through a third party.

The primary purpose of this AUP is to prevent the illegal use of CONNECTMK's Services as defined in UK law or the inappropriate use or misuse of the Services on the basis of CONNECTMK’s own judgement and discretion.

By using the Service Users agree to the AUP, which is intended to improve the user experience of the Service by preventing unacceptable uses. CONNECTMK does not actively monitor individual users activity or use of the Service or control the content of any web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Service provided. CONNECTMK may at its sole discretion remove, block, filter or otherwise restrict access to any materials that it judges in its sole discretion to be illegal or have the potential to subject it to liability or otherwise breach this policy.

When CONNECTMK suspects a violation of this policy it reserves the right to initiate an investigation, which may include gathering information from the User involved and any affected party, if any, and examining material on our servers, networks or any other equipment associated with the Services.

CONNECTMK maintains a policy of open co-operation with all relevant authorities and regulators and if approached with complaints relating to system or network violations will actively co-operate with law enforcement authorities and or other government bodies in the investigation of any suspected criminal activity or civil wrong.

CONNECTMK may at its sole discretion immediately and without notice, suspend or restrict service or terminate a Users account if they fail to comply with all parts of this AUP. Prior to terminating services, CONNECTMK will generally attempt to (but shall not be so obliged ) work with Users to assist them to avoid future violations of the AUP and provide such advice and assistance as reasonably practicable to prevent reoccurrence of the incident.

This AUP may be amended, modified or substituted by CONNECTMK at any time. Any such amendment, modification, or substitution shall become automatically effective as from the date of posting on CONNECTMK’s website or Customer Portal as may be operable from time to time.

1.3. Use of the Services

The Services may only be used for lawful purposes. Using, or permitting others to use the service for the transmission, distribution or storage of any material in violation of any applicable law or regulation or in any way to the detriment of other Internet users is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Users must not take any action that may restrict or inhibit any individual, group of individuals or other form of organisation in its lawful use or enjoyment of any systems, services or products. Examples of this may include (but not be limited to):

a) the unauthorised sale or resale of CONNECTMK’s services and products;
b) any form of on-line advertising or marketing practices - deceptive, misleading or otherwise;
c) furnishing false data to CONNECTMK, including fraudulent use of credit card numbers (such conduct will result in immediate termination and will subject the offender to civil or criminal liability);


1.4. Use of Prohibited Material

This policy expressly prohibits Users of the Services from storing, distributing, transmitting (by uploading, posting, e-mail or otherwise), publishing or causing to be published any Prohibited Material or allowing others to do so. Examples of "Prohibited Material" shall be determined by CONNECTMK (at its sole discretion) and shall include (but not be limited to) material that:

a) is threatening, harassing, invasive of privacy, defamatory, racist, obscene, indecent, offensive, abusive, harmful or malicious, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable, causes harm or attempt to cause harm to minors in any way;
b) infringes or breaches any third party's intellectual property rights (which shall include, but not be limited to copyright, trade mark, design rights, trade secrets, patents, moral rights, patent rights and performance rights) - including use, distribution and/or copying of any material without the express consent of the owner;
c) is in violation of any law or regulation that is enforceable in the United Kingdom;
d) unsolicited promotional or marketing material;
e) chain letters or pyramid selling schemes; and
f) programs containing spyware, viruses, hoaxes or any tools designed to compromise the security of other websites and/or systems or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Users may pass samples of malware in a safe manner to appropriate agencies for the purpose of preventing their spread.
g) software or associated materials that are the subject of a license, and such license has not been granted to the User (“Pirated Software”)
h) any material that the User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements)

CONNECTMK reserves the right to inform and/or report the storage, distribution, transmission, retransmission or publication of Prohibited Material (and/or any other materials which may constitute unlawful conduct by Users) to relevant authorities and/or regulators, in addition to any action it may take as described in this AUP.

1.5. System Security

Users are prohibited from using or attempting to use the Services to compromise the security, adversely affect or tamper with CONNECTMK’s system resources or accounts (including but not limited to those of any other Users) on our systems, or on any other system or network accessible via our systems, without the explicit consent of the owner of such account , system and/or network. Malicious use or distribution of tools designed for compromising security is strictly prohibited.

The security of the Services used by a User from their premises is the Users responsibility. It is also the Users responsibility to ensure that they keep passwords secure. CONNECTMK shall not be held responsible for any lost or corrupted files incurred or other such negative consequences occurring as a result of a Users failure to employ adequate security measures.

Users are responsible for the security of any devices that they directly or indirectly connect to CONNECTMK’s network. This includes, but is not limited to: Servers, Personal Computers, handheld or portable devices including Personal Digital Assistants, Mobile Phones , wired and wireless home networking devices and games consoles.

CONNECTMK reserves the right to disconnect a User connection without notice it identifies or has reason to believe that machines utilizing a Users connection are causing significant impact to the service or have been hijacked by others to distribute malicious software or other forms of abuse (a “botnet”).

Users must not take any action that may restrict or inhibit any individual, group of individuals or other form of organisation in its lawful use or enjoyment of any systems, services or products accessible by or otherwise connected to the Services. Examples of this may include (but not be limited to):

a) attempting to circumvent user authentication or security of any host, network, or account ("cracking"). Including, but not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorised to access, or probing the security of other networks without the express authorisation of the owner of such third party network(s);
b) causing, or attempting to cause, security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which the User is not an intended recipient or logging onto a server or account that the User is not authorised to access. "Disruption" means any deliberate attempt to overload a service or causing any otherwise unspecified form of Denial of Service (DoS) attack, or attempting to "crash" a host by any means including, but not limited to, port scans, ping floods, packet spoofing or forged routing information;
c) executing any program, script, or command or code, or sending messages of any kind, designed to interfere with or adversely affect another persons enjoyment of any systems, services or products accessible by or otherwise connected to the Services, by any means, locally or by the Internet - including violating the privacy of other Users; and
d) executing any form of network monitoring which causes the interception for malicious purposes of any data that does not belong to the User.

Users are at all times responsible for any and all network traffic emanating the equipment they connect to the Service and are required to ensure that all such equipment is secured against abuse by third parties. This includes (but is not limited to) ensuring that all such equipment is installed with and running up to date security patches as applicable and any server equipment attached is configured so as to prevent it from being utilised by another Internet user to relay spam, or any other type of abusive network traffic (a “Relay Server”).

Failure by Users to secure equipment against such abuse may result in immediate suspension or termination of service by CONNECTMK (acting at its sole discretion), where necessary without notice, in order to protect the overall network and Services provided to other customers.

1.6. User Obligations

In addition to, and without prejudice to, the User Obligations described in the CONNECTMK Terms and Conditions, by using the Service, Users agree to comply with (and ensure that others using the Services comply with) all applicable laws, statutes and regulations in connection with the Services. By entering into a contract for supply of the WiMAX service, Users agree to take responsibility for all use of their account, irrespective of use by third parties and/or without their knowledge and/or consent.

It is a condition of Service that Users keep the contact details they provide to CONNECTMK current thereby providing CONNECTMK with the capability to deliver notices or other important information as may be necessary from time to time. Additionally, Users are expected and required to review email notices from CONNECTMK on a regular basis and within a reasonable period following receipt thereby permitting CONNECTMK to advise of any significant issues that may affect use of the Services.

Where a User becomes aware that a person is in breach of this policy, it is their responsibility to notify CONNECTMK including as reasonably available, information such as the date, time and place of such breach (and any other information that the User reasonably believes would be useful). Such notification should be sent in the first instance by e-mail to: info@connectmk.net

1.7. Investigations

When CONNECTMK suspects a violation of this policy it reserves the right to initiate an investigation, which may include gathering information from the User involved and any affected party, if any, and examining material on our servers, networks or any other equipment associated with the Services.

During an investigation, if CONNECTMK establishes or otherwise has reason to believe that a violation of this AUP or its Terms and Conditions has occurred, it may take immediate remedial action. Such action may include removal of material from its servers on a temporary or permanent basis, issuing warnings to the User responsible, and the suspension, restriction or termination of the User's account.

ConnectMK reserves the right to determine the action to be taken at its sole discretion on a case-by-case basis.

1.8. Suspension or Termination of Services

CONNECTMK reserves the right to take action against any user abusing the Services including (but not limited to):

a) Issuing a formal warning to a User. Any user found to be in breach this AUP and/or CONNECTMK’s Terms and Conditions may receive a formal warning from CONNECTMK specifying the unacceptable conduct and notifying the User that any repeated occurrences of the conduct may result in the Services (or any part of Services) being temporarily or permanently withdrawn.
b) suspension of a User account (where necessary without notice); If, having received a formal warning from CONNECTMK in accordance with (a) above, the User continues to breach this AUP, CONNECTMK will withdraw the Services (or part of the Services) until it is satisfied that the User has implemented appropriate steps to ensure that their use of the systems, Services or equipment complies with this AUP.
c) restriction of a user access to the Services (or any part of the Services); or
d) termination of a users account.
e) Informing the relevant authorities in the event of suspected criminal activity;
f) or commencing legal proceedings against a User otherwise infringing CONNECTMK’s rights.

If a suspension is imposed, then this may only be lifted at CONNECTMK’s sole discretion, upon receipt of an undertaking from the User not to commit any future abuse.

1.9. Complaints

Complaints regarding the conduct of a User of the Service should be sent in the first instance via e-mail to: info@connectmk.net

In order to enable CONNECTMK to verify each instance of abuse, any complaint should include as complete a description of the abuse as reasonably practicable including but not limited to samples of the abusive material or a description of the activity encountered including where appropriate quantities, dates, times as applicable to the abuse being reported. Submitting all relevant evidence in the original complaint will assist CONNECTMK to resolve the issue in a timely manner.

1.10. Responsibility for Content

CONNECTMK shall not be responsible for any content or materials or information contained within or otherwise transmitted by the Service that has not originated from or been expressly published by CONNECTMK. At CONNECTMK’s sole discretion (and without prejudice to any of its other rights pursuant to this AUP and its Terms and Conditions), it reserves the right to remove any materials from any server under its control.

For the avoidance of doubt any material originating from, or otherwise published by, any User, individual, or organization connected to the Service or otherwise accessible via the Service shall be the responsibility of the originator, and CONNECTMK does not accept liability or responsibility for any such publication.

2. CONNECTMK Fair Use Policy

2.1. Definitions

Term	Definition
Affected Users	Any user that becomes the subject of this Fair Use Policy
Contract Term	The term of the contract as designated in the User Agreement that forms a part of the contract between CONNECTMK and the User
Customer Portal	The CONNECTMK Customer Portal as designated in the User Agreement and maintained by CONNECTMK for the purposes of providing information to Users
Fair Use Policy	The policies and terms described in this document and as may be updated from time to time by CONNECTMK and published on the Customer Portal or CONNECTMK website ((http://www.connectmk.com)
Excessive Use	Usage over any limits described in the User Agreement
Inappropriate Use	Excessive Use or other uses described herein as being unacceptable or uses deemed (at the discretion of CONNECTMK) to be against the spirit of the User Agreement
Peak Hours	8am - Midnight, 7 days per week or as otherwise notified as an amendment to this Policy on the CONNECTMK customer Portal from time to time.
Transfer Rate	The effective speed of transfer of files or other data over the WiMAX service.
Users	Any individual or organisation that directly connects to the CONNECTMK WiMAX network.
WiMAX

2.2. Introduction

CONNECTMK is commited to providing a quality WiMAX service enabling its customers to select services on the basis of consistent, professional, high-performance delivery. CONNECTMK fulfils this commitment by deploying the latest network traffic management technologies alongside rigorous planning and service management activities.

WiMAX is a contended (i.e. a shared) service this means that individual usage in excess of that expected from normal can have a negative impact on the service level available to other Users - particularly at times of peak demand. Whilst the majority of customers use the service considerately, the situation arises that a very small number of customers conducting Excessive Use of the service can have a significant effect on the service as a whole.

This Excessive Use may be due to high use of file sharing software which constantly sends and receives very large files throughout the day or heavy downloads of music and films. Such activity significantly uses network capacity leaving less available for other Users and would mean that the speed of all Users WiMAX service may be adversely affected.

Most Users who don't use Peer to Peer or file sharing software are unlikely to ever be affected by this Fair Use Policy. If a User only occasionally has a very high usage CONNECTMK is unlikely to be concerned unless it becomes a regular occurrence.

The CONNECTMK Fair Use Policy has been implemented to manage Inappropriate Use and support the delivery of fast and reliable WiMAX services at all times to all Users.

In addition to the Excessive Use described above, any use of the CONNECTMK WiMAX services that is in any way designed or intended to unfairly exploit the terms of usage or otherwise cause CONNECTMK loss, for example, by using domestic services for commercial purposes, accessing services that are not included in a service package or using an unauthorised device shall be deemed to be Inappropriate Use and shall be a breach of this Fair Use Policy and may also be a breach of contract that will result in action being taken by CONNECTMK including but not limited to, suspension or termination of service.

All CONNECTMK WiMAX users must comply with relevant copyright and intellectual property laws. Please note that in addition to causing excessive network traffic, some activities, such as using peer to peer or file sharing software, may contravene these laws. Under CONNECTMK’s terms and conditions, any illegal use of the service will be a breach of contract resulting in action being taken by CONNECTMK including but not limited to, suspension or termination of service.

CONNECTMK reserves the right to make reasonable changes this Fair Use Policy and any new version will replace this version and will have effect from the time that it is available on the CONNECTMK website or Customer Portal.

By accepting CONNECTMK’s Terms and Conditions, Users agree to be bound by this policy.

Through monitoring the performance of its network CONNECTMK can automatically identify the very small number of extremely heavy users.

In the event that Inappropriate Use as described above is suspected, CONNECTMK reserves the right to take any action that it deems necessary to protect the quality of its services. These actions may include (but not necessarily be limited to) any or all of the following:

1. CONNECTMK will contact very heavy Users to inform them that their usage at Peak Hours is excessive and is affecting other Users. CONNECTMK will, at this point ask the User to change their behaviour and offer the user alternative courses of action or may provide simple advice on how to reduce usage.
2. If at any time within the entire Contract Term following this first communication the Excessive Use returns or persists CONNECTMK will contact the User again to ask them to reduce their transfer of large files during Peak Hours.
3. If, at any time within the entire Contract Term subsequent to the second communication, the excessive usage during Peak Hours returns or persists, CONNECTMK will contact the User a third time to advise them that their bandwidth will be restricted during Peak Hours for the good of all other customers. CONNECTMK may (at its sole discretion) apply the restriction during Peak Hours only or alternatively the restriction may apply at all times.
4. CONNECTMK may impose a Peak Hours Transfer Allowance (suggest 30GB per month??) –applicable to all data transferred during Peak Hours. Once the Peak Hours Transfer Allowance has been reached, CONNECTMK will limit the Users transfer rate to 64Kbps during Peak Hours.
5. CONNECTMK may at its sole discretion choose to separate Users affected by the Fair Use Policy from other Users and during Peak Hours, cause this affected group of Users to share bandwidth with each other. The amount of bandwidth available for Affected Users to share will be at least as much as for those customers unaffected by the policy.
6. The Transfer Rate that Affected Users will experience when downloading at Peak Hours will therefore depend on the activity of the Affected Users as a group. For instance, if the Affected Users are all web-browsing and reading emails, they will experience normal broadband speed. If on the other hand they are using Peer to Peer or file sharing software they will experience slow broadband speed. Outside peak hours, no restrictions will apply.
7. If, in the opinion of CONNECTMK, the measures taken above fail to prevent the Unacceptable Use (or for example, the Unacceptable Use is for reasons other than Excessive Use in Peak Hours CONNECTMK retains the right (at its sole discretion) to suspend or close the Users account.
8. CONNECTMK is keen to assist in any way it can those Users who generate an unusually large amount of network traffic from legitimate activities. CONNECTMK will to the extent available to it, work with these Users to help them to select the service most appropriate for their usage requirements.
9. Where it establishes that a User is using a residential service for business or commercial use and generating heavy volumes of traffic over their connection, CONNECTMK will provide the option to change the service onto the appropriate commercial tariff. Where the User rejects this option, CONNECTMK may (at its sole discretion) terminate the service.