Broadsurf's Conduct Rules and Acceptable Use Policy

Broadsurf Hi-Speed Internet and Dial Up Conduct Rules and Acceptable Use Policy [AUP] were updated on 17/10/2005 regarding the services on the Broadband services. New price changes starting from 02/01/2006. Any existing contracts will be held to previous T & C's until expirations of previous contract of services.

The terms and conditions, easy to Understand.

• This service is provided by Broadsurf Ltd and the Brand Broadsurf Lite, Broadsurf Medium and Broadsurf Heavy are property of Broadsurf Ltd, owned wholly by the Angelfire Group In Northern Ireland.
• These Conduct Rules have been created to promote the integrity, security, reliability and privacy of Broadsurf's systems and networks and form part of the legally binding Terms and Conditions which govern the use of Broadsurf's systems, services and equipment by you. These Conduct Rules also identify the actions that Broadsurf considers to be intrinsically abusive, and thus, strictly prohibited.
• Broadsurf Ltd and the Brand Broadsurf including Angelfire reserve the right to change any part of these terms and conditions with or without prior notification in response to the ever-changing information technology environment. We will however within all reasonable purposes try to keep you informed of any changes on these terms either by your account email or by the website as a public information service.
• By using our services, you agree to be bound by all Broadsurf terms and conditions.
• In event of it being necessary to change the terms and conditions on our website, you will be considered to have accepted the changes if any of the following conditions apply:
  • 7 days have passed from the date that the new terms and conditions were posted.
  • We, by any reasonable means, try to keep you informed of any changes on these terms either by your account email or by the website as a public information service.
  • If you have logged on to the service and continue to do so.
  • If you do not agree to the new terms and conditions, you are perfectly within your rights to cancel the said service with Broadsurf Internet providing you are still within 7 days of the changes initially being posted.
  • The Service, Broadsurf Plus 2GB is sold at the price of £14.99 per month for a permanent capped service exclusive of its 2 GB limits, this will carry a charge of £1.50 per gig afterward should you exceed your bandwidth allowance.
  • The Service, Broadsurf Max (5GB) is sold at the price of £20.99 per month for a permanent capped service exclusive of its 5 GB limits, this will carry a charge of £1.50 per gig afterward should you exceed your bandwidth allowance.
  • The Service, Broadsurf Max (30GB) is sold at the price of £24.99 per month for a permanent capped service exclusive of its 30 GB limits, this will carry a charge of £1.50 per gig afterward should you exceed your bandwidth allowance.
  • The ADSL Service, Broadsurf Plus is no longer available to new customers or as a regrade option. Existing requests to regrade to the Broadsurf Plus package can not be completed. An alternative package should be chosen instead.
  • The Broadsurf Plus service is subject to an Fair Usage Policy.
  • By using the Broadsurf Plus service, you agree to be bound by the Fair Usage Policy and these Terms and Conditions.
  • Use of the Broadsurf Plus package for Peer to Peer or file sharing software at peak times, or for bandwidth usage exceeding 100GB per month is not allowed. Broadsurf reserve the right to impose bandwidth restrictions on individual users if Broadsurf deem their usage to be excessive.
  • Broadsurf Plus Peak Hours are from 18:00 to 23:00 daily.
  • Specified data transfer limits on Broadsurf Broadband services are per calendar month. Any overuse charges due will be added to the following months subscription cost.
  • An activation fee of £44 + VAT will be debited from your account before the broadband order can be placed, if you have agreed to a three month contract term during signup. This charge will not be applied if you have chosen a twelve month contractual term.
  • The contractual term cannot be changed after the completion of the signup process
  • The dialup Service, Broadsurf Lite is sold at a price of £7.99 per month inc vat for 50 hours access per month.
  • The dialup Service, Broadsurf Medium is sold at a price of £11.99 per month inc vat for 80 hours access per month.
  • The dialup Service, Broadsurf Heavy is sold at a price of £13.99 per month inc vat for 150 hours access per month.
  • All dialup services have a 2 hour disconnect time.
  • Usage limits for dialup services are measured per calendar month. Usage totals for the current month so far and the two previous months are available from the My Account area.
  • Heavy usage will not be tolerated, any persons using the service for more than the time requirement without written authorisation from Broadsurf authorities will be disconnected, and any time outside the Standard maximum hours, will be charged from your account, plus any over use will be charged at 0.6 pence per minute inc vat.
  • Domain services, including domain name registration, web hosting and forwarding service and mail hosting service carry a 2 year term
  • Registration of UK domains costs £5.99 + VAT per year. .com, .org, .net domains cost £10.99 + VAT per year.
  • Domain Web Hosting service costs £40 + VAT per year.
  • Domain Mail Hosting service costs £15 + VAT per year.
  • Broadsurf reserve the right to withdraw all domain services should payment not be made in reasonable time. Domains services withdrawn for non payment remain the property of Broadsurf Internet and a non payment notice may be placed on the services until such time as the outstanding monies are paid in full.
  • Broadsurf are not responsible for domains placed into redemption periods due to late payment. Broadsurf will send out payment reminder notifications for domain service renewals, however it is the customers full responsibility to ensure all renewal payments are made in reasonable time to ensure continuity of service.
  • The Service Price may vary in line with any promotions we have for new customers or resellers, this does not entitle any already contracted subscriber to benefit from all or any or the new offers Broadsurf may have other than the subscriber has left the service for a term of no lesser than 1 month and may wish to re-join.
  • Broadsurf reserve the right to inflate the monthly price on the need to continue the services in a profitable manner and to keep in line with competitors pricing modules.
  • Broadsurf reserve the right to reduce the monthly price on the need to continue the services in a profitable manner and to keep in line with competition prices.
  • Broadsurf will inform you of any price change 1 month prior to doing so, as a subscriber, if you are unhappy with any proposals you reserve the right to cancel your subscription with 35 days notice.
  • To cancel any subscription based on our broadband services before the contracted time period, the customer must pay any monies owed for the remainder of the contract before their account can be cancelled.
  • Cancellation of an ADSL account by ADSL service cease must be requested by means of the Cease Account form available by logging in at http://myaccount.broadsurf.co.uk. The cease process begins immediately upon successful completion of the form, and will normally take five working days to complete. All currently outstanding payments will be processed as a single bill after the form is submitted. If the billing account is within the Minimum Contract Term originally signed up for, all remaining monthly charges for the duration of the term will be due at this point. If a payment becomes due within the five working day cancellation period from submission of the request, that payment will be added to the final payment amount. Additionally, a Cease Charge of £22.00 + VAT to remove the service from the line will be added to the final payment amount. Only the account holder may submit the request.
  • If you place a new order for Broadsurf broadband services and subsequently wish to cancel the order before activation, if your order cancellation request is received prior to two days before the BT activation due date, a charge of £16.17 + VAT will be due. If the cancellation request is received in the period from two days before the BT activation due date, up to when activation is confirmed, a charge of £66 + VAT will be due.
  • MAC Codes can be requested using the online form available by logging in at http://myaccount.broadsurf.co.uk.
    Once your request is made, you will receive your MAC via email within 5 working days. We will check requests again after 35 days (i.e. after the MAC code expires). If the MAC code has not been used, the account will continue as previously. If the MAC code has been used to switch ISP, the account will be cancelled. Any subscription charges due within this period are valid and will be processed as normal.
  • If BT is unable to provide the service for any reason, you will receive a full refund of monies taken.
  • Cancellation requests of service due to reasons out of Broadsurf's control will incur an administration fee for refunds.
  • All services and offers are subject to terms and conditions, errors and omissions excluded.
  • Re-activation of cancelled accounts or activation on a new line number constitutes a new agreement and as such is subject to the fees, minimum terms and agreements therein.
  • Requests to terminate broadband and dialup services must be placed through the cancellation form in the MyAccount login area. Requests placed by any other method are not valid and will not be accepted.
  • Service change requests constitute a new agreement and as such are subject to the minimum terms and agreements therein.
  • The download speed of the Broadsurf Plus package will be determined at the time the order is placed. If the maximum download speed possible on the active telephone line changes after the order is placed, we will not automatically upgrade the speed. Please email support@broadsurf.co.uk if you wish to have the speed upgraded. A regrade fee of £11.00 + VAT will apply.
  • We will endeavour to provide the broadband service to you at the speed you have requested,
    however we cannot always guarantee this and the speed of your connection and download times
    may be slower if our network or the internet is congested.
  • We may suspend the broadband service from time to time without notice to you where it is
    necessary for us to do so for operational reasons such as repair, maintenance, improvement
    or emergency. We will restore the broadband service to you as soon as possible.
  • Broadsurf reserve the right to terminate any customer's subscription with or without notice should any customer breach any terms.
  • Broadsurf reserve the right to withdraw any services giving 1 month's notice to all subscribers.
  • Payment will be taken from your account on a monthly basis and upon signup you will immediately be debited from your account the subscription amount for the advertised sum.
  • Monthly or annual subsciption charges, or any other charges due, are valid regardless of fault investigations or customer hardware issues that may be affecting service access or connectivity.
  • Should payment be rejected by your bank or building society, Broadsurf reserve the right to disconnect you without notice until payment is made. There will be a re-connection charge of £1.50
  • Broadband 250, 500, 1000 and 2000 broadband services provided by Broadsurf carry a minimum of 3 months term. Should you cancel within this time you will be obliged to pay the full contractual term from your account. Broadsurf reserve the right not to refund any monies that are taken from your account during contractual term.
  • Proof of account ownership must be provided either by using the MyAccount login on the Broadsurf website or by requesting in writing providing your account reference details, including your account email address and password.
  • Payment disputes must be brought to the attention of Broadsurf before any action can be taken. Any payment outstanding on an account will be passed to our debt recovery team, who will seek a resolution by whatever means necessary. Please note: Any credit chargebacks for services provided without sufficient effort to notify Broadsurf beforehand, will result in a £25 administration charge per transaction and the service may be disconnected.  If the issue cannot be resolved, the debt shall be forwarded to our debt collection specialists, and they will seek a resolution by whatever means necessary. 
  • Use of the service for business purposes is permitted. However, availability of the service at any point cannot be guaranteed. Broadsurf advise business users make arrangements for a backup service.
  • You the subscriber, must ensure that your service is running on minimum equipment that will provide you with normal internet access, we will not accept responsibility for any subscriber that getting problems connection due to badly programmed operating systems or problematic computers. The computer must be error free in order to take full advantage of our services; this is the customer's responsibility. We will not accept technical support requests with problematic machines.
  • Should a BT engineer be required to investigate any service problems and the problem be end user related, you the subscriber will be liable for any BT Engineer Call Out Charges.
  • When calling technical support you must at all times try to ensure that the person we are speaking to is, at least comfortable with helping us over the phone and have a basic understanding of how to work a computer.
  • Support services provided by Broadsurf are provided in the languages of English only, please ensure the person we are dealing with on any Technical, billing or situation that requires a phone call, can speak proper fluent English.
  The Heavy Legal points from here on in.
  
  
  1. You shall not post, publish transmit, re-transmit or store material on or through any of the Broadsurf's systems services or products which:
     
     1. Is in violation of any law or regulation which is enforceable in the United Kingdom; or
     2. Is threatening, obscene, indecent, defamatory, or blasphemous; or
     3. Is calculated to incite hatred against any ethnic, religious or other minority or is otherwise calculated to adversely affect any individual, group or entity (collectively, "Persons"); or
     4. Violates the rights of any Person, including rights of privacy, rights of personality;
     5. Infringes or breaches any third party intellectual property rights (which shall include but not be limited to copyrights, trade marks, design rights, trade secrets patents, moral rights and performance rights).
     
     For the avoidance of doubt, the installation or distribution of "pirated" software or other software products that are not appropriately licensed to the customer will constitute a violation of intellectual property rights. In the event of any disagreement as to whether materials posted, transmitted, re-transmitted or stored by a customer are in contravention of this section, the decision of Broadsurf shall be final.
     
     
  2. You shall not post, transmit, re-transmit or publish
     1. Unsolicited promotional or advertising material; or
     2. chain letters or pyramid selling schemes.
     
     
  3. You shall not undertake any activity designed or likely to:
     1. waste networked resources, including but not limited to time on end systems accessible via Broadsurf anytime or anytime plus; or
     2. corrupt, interfere with or destroy another anytime user's ("Users") data; or
     3. violate the privacy of other Users; or
     
     
  4. interfere with other Users' enjoyment of anytime, including but not limited to overloading access links or switching equipment.
  Prohibited Uses of Broadsurf's Systems, Services and Equipment
  
  You may only use Broadsurf's systems, services and equipment in a manner that, in Broadsurf's sole judgement, is consistent with the purposes of such systems, services and products. If, after reading the Conduct Rules, you are unsure whether a contemplated use or action is permitted under the Conduct Rules, you should contact Broadsurf with a description of the proposed use by using our web form at http://www.Broadsurf.uk.net/abuse.asp for an explanation as to whether the use is permissible under these Conduct Rules.
  
  Please ensure you await our response before carrying out any use or action that you are unsure about.
  
  The examples identified in the sub-sections below are non-exclusive and are provided, in part, for guidance purposes only. The following uses of Broadsurf's systems, services and equipment as described in subsections A through D are expressly prohibited:
  
  
  1. Prohibited Actions: General Conduct
     1. Actions that restrict or inhibit any person, company, firm or organisation whether a customer of Broadsurf or otherwise, in its use or enjoyment of any of Broadsurf's systems, services or products.
     2. Resale of Broadsurf's services and products, without the prior written consent of Broadsurf.
     3. Deceptive or misleading on-line advertising or marketing practices
     4. Furnishing false data on Broadsurf's sign-up form, contract, or on-line application, including fraudulent use of credit card numbers (and such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).
     5. Broadsurf Internet residential services are for residential and business use
     
     
  2. Prohibited Actions: System and Network Security
     1. Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
     2. Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which customer is not an intended recipient or logging onto a server or account that customer is not expressly authorised to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host.
     3. Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
     4. Executing any form of network monitoring which will intercept data not intended for the customer.
     
     
  3. Prohibited Actions: e-mail
     1. Harassment, whether through language, frequency, or size of messages sent, is prohibited.
     2. Transmission of e-mail to any person containing offensive or abusive language; and
     3. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail Spam"). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the customer must not send that person any further e-mail.
     4. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
     5. Malicious e-mail, including, but not limited to, "mail-bombing" (flooding a user or site with very large or numerous pieces of e-mail).
     6. Unauthorised use, or forging, or mail header information.
     7. Use of unsolicited e-mail originating from the Broadsurf network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Broadsurf, or connected via Broadsurf network.
     8. Wilful failure to secure open SMTP ports so as to prevent the unauthorised use of customer resources for the purposes of sending unsolicited e-mail by a third party.
     9. For the avoidance of doubt any systematic, repeated or bulk referral of third parties to Broadsurf contained in e mails shall be deemed "e mail Spam" and a breach of this sub-section C and in addition to Broadsurf's right to suspend and/or terminate your contract and any other rights Broadsurf may have, Broadsurf shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.
     
     
  4. Prohibited Actions: Usenet Newsgroups
     1. Posting the same or similar messages to large numbers of Usenet newsgroups (Newsgroup Spam, USENET Spam, Unsolicited Commercial Messaging, Unsolicited Commercial Mail, Mass Mail Fraud).
     2. Posting chain letters or other pyramid schemes, of any type.
     3. Posting encoded binary files to newsgroups not specifically named for that purpose.
     4. Postings that contain offensive or abusive language.
     5. Cancellation or superseding of postings other than your own, with the exception of official newsgroup moderators performing their duties.
     6. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup
     7. Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.
     8. Postings that are in violation of the written charters or FAQ's for those newsgroups.
     9. Posting of Usenet articles from the Broadsurf anytime network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Broadsurf, or connected via the Broadsurf anytime network.
     10. Failure to secure a news server so as to prevent the unauthorised use of customer resources by a third party which may result in Usenet posts, which violate this policy.
     11. Advertisements posted in newsgroups whose charters/FAQ's explicitly prohibit them. The poster of an advertisement or other information is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
     12. For the avoidance of doubt any systematic, repeated or bulk referral of third parties to Broadsurf contained in Usenet newsgroups shall be deemed "Usenet Spam" and a breach of this sub-section D and in addition to Broadsurf's right to suspend and/or terminate your contract and any other rights Broadsurf may have, Broadsurf shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.
     
     
  Censorship
  
  The Internet contains material that is inappropriate for minors and may cause offence to others. We do not censor or restrict access to any material or information on the Internet unless required to do so by the Police or other competent authority. We will however refer any complaints regarding censorship to the Police for further investigation. Please see below for details of Broadsurf's complaints procedures.
  
  Security
  
  The security (including authentication) of any Internet Protocol services used by you from home is your responsibility. It is also your responsibility to ensure that you keep your passwords secure. Broadsurf is not liable for any negative consequences, for instance lost or corrupted files, incurred by your failure to employ adequate security measures.
  
  Broadsurf Is Not Responsible For Content
  
  Broadsurf is not responsible for the content of any USENET posting, whether or not a posting was made by a customer of ours. Broadsurf is not responsible for the content of materials and information published by others, which are accessible through the Companies network, and does not accept responsibility for the violation of any laws resulting from such publication.
  
  Removal of Materials
  
  At its sole discretion, Broadsurf reserves the right to remove materials from its servers and to terminate Internet access to customers that Broadsurf determines have violated this Conduct Rules.
  
  Complaint and Enforcement
  
  
  1. Complaint
     • Complaints regarding abusive conduct will be accepted via the online form at http://www.broadsurf.co.uk/feedback.htm, provided a valid return address is included. Broadsurf must be able to verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS.
     • Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged.
     • This information is vital to our investigation.
  2. Enforcement
     • Broadsurf may, in its sole discretion, suspend or terminate a customer's service for violation of any of the Conduct Rules at any time and without warning.
     • As a general matter, Broadsurf attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service, but it shall not be obliged to do so.
  Breaches of the Conduct Rules
  
  In applying the Conduct Rules, it is intended that common sense and responsible attitudes should be the guiding principles.
  
  If you breach the Conduct Rules, you may receive a formal warning from Broadsurf specifying the unacceptable conduct and notifying you that repeated breaches may result in anytime services being temporarily or permanently withdrawn from you.
  
  If, after you have received a formal warning from Broadsurf, your conduct continues to breach the Conduct Rules Broadsurf will withdraw its services from you until such time as Broadsurf is satisfied that you have implemented appropriate steps to ensure that your use of Broadsurf's systems, services or equipment will comply with the Conduct Rules.
  
  Further breaches will be grounds for termination of your contract with Broadsurf.
  
  Notwithstanding the above, Broadsurf may terminate your contract with Broadsurf without following the above procedures if you commit a breach of the Conduct Rules which in Broadsurf's reasonable opinion is serious enough to merit immediate termination.
  
  Further information
  
  For further information or advice regarding this document or use of Broadsurf's services please email support@broadsurf.co.uk.