| 1 | Scope and validity of the AUP |
| 1.1 | This Acceptable Use Policy (hereinafter referred to as 'AUP') applies to all customers for Internet services ('Services') from Orange and forms an integral part of the Subscription Contract entered into by the customer. It governs the use of the Internet services supplied by Orange. |
| 2 | Amendments to the AUP |
| 2.1 | Orange reserves the right to amend this AUP at any time. Such amendments shall be published on the Internet at www.orange.ch and if necessary, notified to the customer directly in a suitable manner. |
| 3 | Acknowledgement and duties of the customer |
| 3.1 | The customer is under a strict duty to observe the rules stated here, as well as the conduct guidelines for Internet users known under the name of 'Netiquette'. |
| 3.2 | Use may only be made of the Services within the scope of relevant international and Swiss law and other rules. 'Requests For Comment' (RFCs) of the Internet Society (ISOC) as well as any applicable 'Memorandums of Understanding' of the International Telecommunication Union (ITU) are more particularly included among such rules. The customer shall in addition observe the basic principles of fairness and clarity and refrain from all conduct or business practice which is deceptive, misleading or in breach of good faith. |
| 3.3 | Furthermore, the customer shall take suitable and appropriate precautions against unauthorised access to his systems, as well as their improper use. |
| 4 | Improper use within the terms of the AUP |
| 4.1 | Improper use of IP and Internet services is prohibited. More particularly (but not conclusively) deemed to be improper use within the meaning of this AUP are: |
| 4.1.1 | unauthorised access or attempt to access to data, systems or external networks without authorization; |
| 4.1.2 | passive or non-interventional techniques such as 'scanning' or 'probing' the systems or networks of others by so-called 'portscans' (e.g. testing other PC's for certain services or for their vulnerability); |
| 4.1.3 | 'sniffing', that is, monitoring and analysing third party network traffic; |
| 4.1.4 | 'flooding', that is, intentional overloading other systems or networks with the object of adversely affecting their operation or making it impossible (denial of service); |
| 4.1.5 | 'spoofing', that is, falsifying network packets, in particularly of TCP/IP header information; |
| 4.1.6 |
sending unrequested commercial
advertising in the following manner:
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| 4.1.7 | sending chain e-mails in the pyramid selling manner, that is, sending e-mail messages with the request to forward them to the greatest number of additional recipients; |
| 4.1.8 | 'spamming', that is, sending unsolicited commercial e-mail messages (UCE), as well as unsolicited bulk e-mail messages (UBE); |
| 4.1.9 | sending e-mails with disturbing content; |
| 4.1.10 | 'mailbombing', that is, sending a large number of e-mail messages to the same recipient; |
| 4.1.11 | unauthorised use of third party mail servers as a relay without obtaining the prior consent of its owner; |
| 4.1.12 | 'excessive multi-posting' (EMP), that is, sending the same or almost the same Usenet group news in large numbers; |
| 4.1.13 | 'excessive cross posting' (ECP), that is, simultaneously sending Usenet news to a large number of news groups; |
| 4.1.14 | 'SMS spamming', that is, flooding mailboxes, 'usenet-newsgroups' or other on-line forums with messages which are pointless, unrequested or annoying in another manner. |
| 5 | Illegal material and offences |
| 5.1 | The customer shall bear responsibility that use of the Services purchased by him or by a user associated with him complies with the relevant statutory provisions, in particular those concerning data protection, telecommunications law, copyright and money laundering. The customer undertakes not to use the Services made available to him either to commit a criminal offence or to act as an accessory. |
| 5.2 | The content of the Internet traffic of the customer either from or to his connection, must not infringe locally applicable laws, as for example, illegal gambling, portrayal of violence, pornography, incitement to commit a criminal offence or acts of violence, or racial discrimination. If access to certain contents is restricted to certain persons, the customer shall take the appropriate precautions so that no unauthorised persons gain access (for example, children to pornography). Where locally applicable law itself does not expressly prohibit certain activities or Internet content, Orange for its part prohibits use of Services for activities which exploit minors, illegally distribute copyrighted or licensed material, or insult, disparage or annoy persons or groups on account of their racial or ethnic origins. |
| 5.3 | The customer may not use the Internet services in order to distribute or offer for sale goods or services, or to advertise goods or services, if and to the extent that these activities are prohibited or subject to restrictions by reason of locally applicable laws. The customer is under a duty to observe all applicable regulations to the extent that financial transactions are effected by the use of Internet services, in particular, duties regarding care in relation to identification of parties involved and origin of funds. |
| 6 | Provocation of network attacks |
| 6.1 | The supply of contents which cause an excessive amount of network traffic and consequently endanger the security of computer systems by provoking attacks on networks from the Internet (for example, offers of pornography, statements by extreme political or religious groups, etc.) is prohibited. Orange reserves the right to remove such contents without prior notice and if necessary to suspend access to the network. |
| 7 | Consequences of infringements against this AUP |
| 7.1 | Orange reserves the right to examine at random for correctness, stored and transmitted contents. Orange reserves the right to take the measures appearing appropriate to counter misuse on justified suspicion of use which infringes applicable law or the principles of this AUP, whether by the customer, a user associated with him or a third party, who with or without the consent of the customer makes use of Services via the customer's system. Such measures may be, for example, suspension of access to certain Services, contents, systems or resources, or interrupting transmissions to the customer. |
| 7.2 | The customer additionally acknowledges that Orange shall make his identity known to a third party where required, in the event of an infringement against this AUP. |
| 7.3 | The customer may be charged for the costs connected with clarification of such breaches. |
| 8 | Suspension and cancellation of accounts |
| 8.1 | Orange is entitled to suspend or cancel accounts (such as e-mail accounts) in cases of disuse over a longer period of time or indication of wrong data at registration. Orange will attempt to inform the customer in advance but reserves the right to effect suspensions and cancellations also without prior advice to the customer. |
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