BDA T&C have developed its Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our polices regarding activities that may be harmful to our Customers or compromise the efficiency of our shared hosting environment.
We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.
To meet the changing needs of our Customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site periodically.
If you feel you have discovered a violation of any area of our AUP, please report it to us -

1. Rights and Responsibilities

A. Lawful Use. Our services may only be used to engage in lawful activities. Examples of unlawful activities that are prohibited by this AUP include, but are not limited to:

1. Child Pornography. We do not knowingly host and we prohibit use of our services for the distribution or dissemination of child pornography. We consider "child pornography" to be a visual depiction of a minor (child younger than 18) - or any person explicitly or by implication described to be a minor who is engaged in sexually explicit conduct. Prohibited activities include possession, manufacturing and distribution of child pornography, online enticement of children for sexual acts, child prostitution, and child sex tourism. When we become aware of the presence of child pornography that is on or being transmitted through our network, the associated Web site will be suspended IMMEDIATELY and reported to appropriate legal authorities as required.

2. Online Gambling. You may not use our services to engage in the online making, receiving, recording or forwarding of bets or offers to bet. You may not link to sites that engage in such activities.

3. Customers may not use our services to engage in any business or service, which is in a violation of EU legislation or export and import control laws. Violation of these laws may include selling products that are legal to sell in the EU, but illegal to export.

4. Electronic Crimes and Security. We take the security of our network, facilities and our Customers seriously. Customers are prohibited from engaging in the activities set out below and any other activities that create a security risk for BDA T&C and our Customers.

a. Illegal or Unauthorized Access to Other Computers or Computer Networks. BDA T&C prohibits attempts to access, monitor or disrupt another's account, computer, computer network, or security measures. In addition, any activity that may be seen as precursor to an attempted system penetration (for example: port scan, stealth scan, or other information gathering or monitoring activity) is forbidden.
Customers are also prohibited from attempting to circumvent security in order to obtain access to services on BDA T&C’s servers that are not provided in your account. Customers cannot scan our network or other networks with the intent to breach and/or evaluate security vulnerabilities. It will be considered a violation of this AUP for you to attempt to breach or to breach the security or firewall systems, its Internet access provider, or any affiliates. If you become aware of such an attempt to breach or actual breach, please notify us immediately.

We reserve the right to engage in the activities set out in this paragraph in order to improve the security of our services and investigate security breaches.

b. Engaging in Destructive Activities. Customers may not engage in the act of sending or distributing malicious code or information regarding the creation of Internet viruses, worms, Trojan Horses, mail bombing or denial of service attacks. "Destructive Activities" includes, but is not limited to, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other activity that may be deemed harmful and that may result in a denial of service against any computer or computer network. Intruding into a BDA T&C 's network to alter, access, steal, disable or destroy data, including personal, financial, proprietary, or to use the services of the host computers is also prohibited. This prohibition extends to activities that disrupt the use of, or interfere with the ability of, others to use a computer network and any connected network, system, service, or equipment. These types of activities are not only harmful to the shared hosting environment but also slow and cause damage to the entire Internet.

5. Other Illegal Activities. Customers are not allowed to engage in activities that are deemed illegal by BDA T&C. These activities include advertising, transmitting or otherwise making available, pyramid schemes; fraudulently charging or collecting credit card information; or pirating software.

All material on our network and servers must comply with Irish/ EU laws. In addition, all material placed on our network and servers by our Customers must be legal in the Customer's own jurisdiction.

B. Pornography. No Customer shall use BDA T&C's services to engage in pornography. This includes uploading or publishing material that would commonly be considered "indecent," "appealing to the prurient interest" or referred to as "adult" material. In addition, linking to these sites is not allowed.

C. Intellectual Property. Customers may not engage in activities that infringe or misappropriate the intellectual property rights of others. This includes, but is not limited to, infringing copyrights, trademarks, service marks, trade secrets, software or patents held by other individuals, corporations or entities. BDA T&C will cancel the account of any Customer who knowingly infringes intellectual property laws.
Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's Web site within your own without permission and using another's trademarks without their permission to promote competing goods or services.

1. Trademark Infringement. We consider a Trademark Infringement to be any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, colour, picture or layout that could lead to confusion between a Customer's use and the use by the holder of a valid trade or service mark. It is our policy to terminate the services of Customers for whom we have received multiple notices alleging infringement of the same or similar copyrights.

2. BDA T&C Copyrighted Material. It is also our policy to protect our own intellectual property rights. The use of content or marks found on our Web site, or use of the name " BDA T&C" without the prior written consent of BDA T&C, is prohibited. Any infringement of intellectual property rights will result in immediate termination of the offender's contract.
We do, however, want to provide our Customers with the information and access they need to create a successful online presence and will permit fair use of our trademarks when it is possible and appropriate.

D. Disruptive Activity and Communications. Customers must not engage in any activity that disrupts the quiet enjoyment or use of the Internet or BDA T&C’s services by others. Disruptive activities include, but are not limited to:

1. Spamming - Because SPAM can impair our ability to deliver quality services, Customers are prohibited from sending, assisting, or commissioning the transmission of SPAM. E-mail not in compliance with this AUP - regardless of source - which contains any reference to a Web site hosted by us or contains any reference, link, to a network or system of BDA T&C is prohibited.
BDA T&C reserves the right to cancel or suspend your account, at our sole discretion and without notice, for situations involving SPAM violations.

2. Offensive Communication - harassment, defamation, libel and hate speech - Customers are prohibited from using our services to engage in activities that may be considered harassing, defamatory, libellous or malicious. Whether a particular activity is within scope of this prohibition is solely within our discretion. We generally consider harassing activity - or harassment - to be the act, or intention, of intimidating, threatening or otherwise tormenting others using our services. Harassment can result from the language used, or the frequency or size of a message. Hate speech or literature includes, but is not limited to, anything that prejudices, creates a hostile bias or grossly defames a group.

E. Use of Our Services.
1. Unauthorized Reselling or Providing Access to Account Services. Customers cannot resell or provide access to e-mail services, tools or access codes/passwords that are not being used to maintain a Customers account. Nor can Customers sell or give any type of script installed on BDA T&C's servers.

2. Exploits. Customers may not use programs on their Web site, such as CGI, Perl, PHP, etc, which intentionally or unintentionally allow third-parties to utilize your scripts in a manner that violates this AUP. Customers must immediately modify or deactivate offending scripts. We reserve the right to temporarily suspend your account, modify or deactivate offending scripts, or take other action we deem necessary to address or prevent violations of this AUP.

3. Other Activities or Information. Customers are prohibited from taking part in any activity or information, lawful or unlawful, that could be considered harmful, offensive or controversial for BDA T&C, its Customers or third parties. When evaluating an AUP violation, we consider whether we could reasonably foresee our Customers, operations, reputation, goodwill or general Customer relations being negatively impacted by the activity or information.

F. Requests for information about you and your use of our services. We have an obligation and a duty to respond to subpoenas and other legitimate requests for information about your account and your use of our services. You should not assume that any information would remain confidential.

2. Remedies and Action

A. In General. When we become aware of a violation of our AUP, it is at our sole discretion to respond in the manner we believe to be appropriate for stopping the offending activity, including but not limited to, removing or blocking access to material, shutting down a Web site, blocking offending transmissions, deleting an account and all associated information and files.
No credits or refunds will be issued for any account that is cancelled due to a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.

B. Presenting Complaints and Notice. We reserve the right to use our best judgment to determine who bears the burden of proof for alleged AUP violations. We also reserve the right to take any and all action that we deem appropriate and bear no responsibility for verifying/investigating complaints and responses.