Acceptable Use Policy
As a provider of Internet access, web site hosting, and other Internet-related services, NTT Singapore Pte. Ltd. (hereinafter referred to as "NTTS") offers its customers, resellers, their subsidiaries and respective customers and users (hereinafter collectively referred to as "Subscribers") the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information.
NTTS respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; NTTS reserves the right to take certain preventative or corrective actions.
In order to protect these competing interests, NTTS has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Subscriber's respective service agreement and is intended as a guide to the Subscriber's rights and obligations when utilising NTTS services.
This AUP will be revised from time to time at the sole discretion of NTTS. A Subscriber's use (including Subscriber’s subsidiaries and their respective customers and users) of NTTS services after changes to the AUP are posted on the NTTS web site (www.sg.ntt.com) will constitute the Subscriber'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 judgement 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 NTTS cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Subscribers may acquire. For this reason, Subscribers must exercise their best judgement 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 NTTS cannot monitor or censor the Internet, and will not attempt to do so, NTTS 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 NTTS 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 NTTS network and may reach a large number of people, including both Subscribers and non-Subscribers of NTTS, Subscribers' postings to the Internet may affect other Subscribers and may harm NTTS's goodwill, business reputation, and operations. For these reasons, Subscribers violate NTTS 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 NTTS, but also because it can overload NTTS's network and disrupt service to NTTS Subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NTTS has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list.
- Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the Intellectual Property rights of others, including copyrights, trade marks, 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. NTTS is required by law to remove or block access to Subscriber content upon receipt of a proper notice of copyright infringement. It is also NTTS policy to terminate the privileges of Subscribers who commit repeated violations of copyright laws.
- Obscene Speech or Materials: Using the NTTS network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. NTTS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, NTTS's network.
- Defamatory or Abusive Language: Using NTTS'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 unauthorised access to other computers or networks: accessing illegally or without authorisation 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 Subscribers country which is contrary to that respective country's rules and regulations. Usenet Groups: NTTS reserves the right not to accept postings from newsgroups where NTTS has actual knowledge that the content of the newsgroup violates the AUP.
- Other Illegal Activities: Engaging in activities that are determined to be illegal, misleading or deceptive to the marketing practice including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software or to conduct or be part of a business that is illegal.
- Other Activities: Engaging in activities, whether lawful or unlawful, that NTTS determines to be harmful to its Subscribers, operations, reputation, goodwill, or customer relations.
As pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the Subscribers. The Subscriber is responsible for ensuring that its authorised users, who use the service under its consent and authority, observe and comply with the terms and conditions set forth in this Acceptable Use Policy. NTTS will not, as an ordinary practice, monitor the communications of its Subscribers to ensure that they comply with NTTS policy or applicable law.
Should NTTS become aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to suspension or termination of any service(s) provided to Subscriber if Subscriber’s use of the service(s) violates this AUP, 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. Notwithstanding the foregoing, in the event Subscriber breaches or is alleged to have breached any provision of this AUP, NTTS may, in its sole discretion, with or without notice to Subscriber, take any corrective or preventive actions it deems necessary including, but not limited to, suspension or termination of the service(s) provided to Subscriber. Any costs and expenses incurred by NTTS and associated with the abovementioned actions shall be recovered from Subscriber on a full indemnity basis.
NTTS is also aware that many of its Subscribers are, themselves, providers of Internet services, and that information reaching NTTS's facilities from those Subscribers may have originated from a customer of the Subscriber or from another third-party. NTTS does not require its Subscribers who offer Internet services to monitor or censor transmissions or web sites created by its customers. NTTS has the right to directly take action against a customer of a Subscriber. Also, NTTS may take action against its Subscriber because of activities of a customer of the Subscriber, even though the action may affect other customers of the Subscriber. Similarly, NTTS anticipates that Subscribers who offer Internet services will co-operate with NTTS in any corrective or preventive action that NTTS deems necessary. Failure to co-operate with such corrective or preventive measures is a violation of this AUP.
NTTS is also 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, NTTS urges its Subscribers to assume that all of their on-line communications are insecure. NTTS cannot take any responsibility for the security of information transmitted over NTTS's facilities.
NTTS 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. NTTS may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NTTS 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 Customer shall be solely responsible for ensuring that its authorised users software is suitable for their needs and it is compatibility for use with any equipment used by Customer or its authorised users, whether or not NTTS introduces any changes to the service.
NTTS 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, NTTS may disclose Subscriber information or information transmitted over its network where necessary to protect NTTS and others from harm, or where such disclosure is necessary to the proper operation of the system.
NTTS reserves the right to manage and control access to any computer or other electronic or telecommunications system operated or used by NTTS or linked to any computer or other electronic or telecommunications system operated or used by NTTS and any data stored therein in a manner deemed appropriate by NTTS and to delete any data (whether belonging to, provided or stored by the Subscriber or otherwise) notwithstanding that such access and the storage of such data is a requirement or constitutes a part of the Service.
NTTS expects that it’s 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 this policy. Finally, NTTS wishes to emphasise that in signing the service agreement, Subscribers indemnify NTTS for any violation of the service agreement, laws, or this Policy that results in loss to NTTS or the bringing of any claim against NTTS by any third party. This means that if NTTS is sued because of a Subscriber's or customer of a Subscriber's activity, the Subscriber will pay any damages awarded against NTTS, plus costs and reasonable attorneys' fees.
Any notice or other communication to be given by NTTS under this AUP shall be deemed to be duly served on, given to or made in relation to the Subscriber if it is left at the designated address of the Subscriber, posted by first class/registered post addresses to the Subscriber at such address, sent by electronic mail or sent by facsimile transmission to a machine situated at the Subscriber’s designated address.
We hope this AUP is helpful in clarifying the obligations of Internet users, including NTTS and its Subscribers, as responsible members of the Internet. Please email us should you have any complaints about a Subscriber's violation of this AUP.