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Cable & Wireless Jamaica Ltd


(C& WJ)Internet Acceptable Use Policy

C&WJ provides to business and consumer users several information technology related services, including such service as Internet access, various electronic mail (email) packages and services, World Wide Web hosting arrangements, and other online and Internet-related services. It is contrary to C&WJ policy for any user of any of these services to effect or participate in any of the following activities through a C&WJ-provided service:

  1. To post messages substantially similar in content to ten (10) or more Usenet or other newsgroups, forums, listservs or other similar groups or lists (each a "List");

  2. To intentionally post to any List articles which are off-topic according to the bulletin board or other owner-published FAQ or description of the group or list

  3. To send Unsolicited E-mail, if such Unsolicited E-mail could reasonably be expected to provoke complaints. Except as otherwise defined under applicable law, "Unsolicited E-mail" does not include any message addressed to an individual (i) with whom the sender has a preexisting and ongoing business or personal relationship, (ii) from a non-commercial organization or entity of which the individual is a pre-existing member or (iii) a posting to a List that does not otherwise violate this Policy

  4. To interfere with other users use of a C&WJ service;

  5. To falsify user information provided to C&WJ or to other users of the service in connection with use of a C&WJ service;

  6. To post or transmit any file which contains viruses, worms, 'Trojan horses' or any other contaminating or destructive features

  7. To engage in any of the foregoing activities by using the service of another provider, but channeling such activities through a C&WJ account, remailer, or otherwise through a C&WJ service or using an C&WJ account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect a C&WJ service;

  8. To engage in any other activity which is either in violation of law, threatens the integrity of any computer system, or violates generally accepted standards of Internet conduct and usage including but not limited to denial of service attacks; web page defacement; port and network scanning and unauthorized system penetrations.

    C&WJ considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by C&WJ's terms and conditions of service. Engaging in one or more of these practices may result in termination or suspension of the offender's account and/or access to C&WJ services in accordance with the customer's agreement with C&WJ.

    In addition, C&WJ reserves the right, where feasible, to implement technical mechanisms which block postings and messages as described above before they are forwarded or otherwise sent to their intended recipients. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, C&WJ's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and C&WJ will respond as appropriate to these other activities as well.

    Nothing contained in this policy shall be construed to limit C&WJ's actions or remedies in any way with respect to any of the foregoing activities, and C&WJ's reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the C&WJ service, and levying cancellation charges to cover C&WJ's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, C&WJ reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.


Security

Many of the C&WJ services we provide on this Web Site require your use of access codes or user ID’s such as a login ID as well as a password or Personal Identification Number (PIN). C&WJ takes the safeguarding of such user information seriously. We also encourage you, the customer, to take steps in protecting your personal information. We encourage you to keep such user information confidential at all times and we recommend that you change your password or PIN on a regular basis. If you think your PIN has been compromised, change it and contact us immediately.

You have a responsibility for the protection of such personal logon information and although C&WJ has implemented measures to safeguard such information on our servers, C&WJ shall not be liable for damages of any kind for loss arising from such information being compromised, due to your failure to safeguard such information or for third parties unauthorized access to or use of such information.

Fair Usage Policy

Broadband is a shared service and the activities of some users can impact the services available to other users. In an ideal environment, all users would obtain an equal percentage of the available bandwidth. Unfortunately, some users take a disproportionately greater share of the available bandwidth and, as a consequence, other users suffer a diminished experience. Particularly at peak times, data rates may be reduced by contention within the Cable & Wireless local access network and the public Internet.

In order to preserve the quality of our broadband services, we have introduced a Fair Use Policy (“FUP”), effective 1 September 2007. A FUP is intended to assure that the very few users of excessive bandwidth-consuming applications do not use their service to the detriment of other broadband customers.

In order to implement our FUP, we monitor the performance of our network and may restrict the amount of bandwidth available to users of applications that consume large amounts of bandwidth or download unusually large files during peak times so to ensure a fair allocation of bandwidth to all broadband customers. If a broadband customer exceeds the usage associated with the relevant broadband package that such user is on, Cable & Wireless will not be liable to such user for the quality, integrity or continuation of the broadband service.

Whilst this FUP is mainly aimed to avoid any unfair disruption of services resulting from extreme peer-to-peer usage, other file-sharing software and download of very large files during Internet peak usage times, we do not prevent the use of such applications or downloads. Furthermore, if you don't use Peer-to-Peer or file sharing software or if you don't download very large files continuously at peak times, then it is unlikely you will be affected by this policy.

Additionally, as Cable & Wireless upgrades its broadband distribution, users will be able to experience different contents enabled by the higher access speeds. We may be introducing explicit download limits to some broadband packages in order to enable us to manage the broadband customer experience. Obviously, we will communicate such limits as well as any available upgrade option or charges for excess usage. In order to select which package suits your usage profile best, you may wish to understand the amounts of data that you will typically transfer in a month. In order to understand the amounts of data that you will typically transfer in a month, you may find the following guidance useful:


Understanding the amounts of data that you may transfer in a month

Type of Data size of data (megabytes)
Text only email 0.005
Average web page 0.05
MP3 Music File (4 mins) 5
Movie Trailer (3 mins) 30
Word Document 0.05
Online Gaming 20 per hour
Streaming Audio (128k speed) 60 per hour
Streaming audio (300k speed) 140 per hour

No Warranty or Liability


THE INFORMATION CONTAINED IN OR ACCESSED VIA THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MOREOVER, NO WARRANTY IS MADE THAT OPERATION OF THE C&WJ WEB SITE SHALL BE ERROR-FREE, VIRUS-FREE OR UNINTERRUPTED. REFERENCES TO CORPORATIONS, THEIR SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

IN NO EVENT SHALL C&WJ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR UNAVAILABILITY OF THIS WEB SITE; THE INACCURACY OF ANY INFORMATION CONTAINED ON OR AVAILABLE VIA THIS WEB SITE; OR ARISING OUT ANY INFORMATION CONTAINED ON OR AVAILABLE VIA THIS WEB SITE.



Modify This Policy

C&WJ reserves the right to update this AUP from time to time. You are expected to check this website page from time to time to take notice of any changes we make, as such updates are legally binding on you once. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our site or written documents issued to you.

Effective September 01, 2007


Comments, questions, or suggestions: webmaster@cwjamaica.com
Legal Notices © Copyright 2001 Cable & Wireless Jamaica Limited. All Rights Reserved.

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Legal Notices
© Copyright 2001 Cable and Wireless Jamaica Limited. All Rights Reserved.