ACCEPTABLE USE POLICY & VISITOR AGREEMENT
WELCOME TO STARCOMMS NETWORK SERVICES
This is offered to you by Starcomms Plc, together with its subsidiaries, affiliates,
agents and licensors (collectively "Starcomms Plc "). The following terms
apply to your use of and access to any Starcomms Plc or Starcomms
(collectively "Starcomms Plc.")owned or operated website
("Website"), as well as any electronic transmission sent, received, posted,
accessed, or stored via any Starcomms Plc network ("Network"), including
without limitation its wireless web, data, and messaging services; Internet services;
and internal email network for communicating with Starcomms Plc employees.
Certain products or services offered through our Network and/or E-mail may have
additional terms and conditions, which govern in the event of any inconsistency with
the terms below.
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and Starcomms Plc, these terms explain
the policies that govern your access to and use of our Network, E-mail service and
Website, including the actions that we may take, within our sole discretion, for any
use that we deem unacceptable.
By accessing or using our Network, E-mail service, Website or any other type of
service (collectively “SERVICE”), you agree to these terms
(collectively the "Policy and Agreement"), as Starcomms Plc may modify it
from time to time. If you do not agree to accept and comply with the Policy and
Agreement, do not access or use our SERVICE.
LINKS TO THIRD-PARTY SITES
Starcomms Plc Website may contain links to other websites that are maintained by
third parties over which Starcomms Plc has no control. These links are provided for
Use of these links will cause you to leave this Site and use of third-party websites
is entirely at your own risk. Starcomms Plc makes no representation or warranty
concerning any other site or the information, products or services offered or
appearing on or through these sites.
Starcomms Plc does not sponsor or
endorse the operators of the sites or the content, products or services they provide,
and Starcomms Plc is not responsible or liable for the conduct of the sites' operators,
the content, availability, accuracy, quality, advertising, products, services or other
materials offered at the sites. The same apply to any worldwide Internet Website.
ILLEGAL OR HARMFUL USE
You may access and use our SERVICE only for lawful purposes. You are responsible
for any transmission you send, receive, post, access, or store via our Network, including
the content of any communication.
Transmitting, distributing, or storing any
material that violates any applicable law is prohibited. Additionally, the following
non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
- Infringement: Infringement of intellectual property rights or other
proprietary rights including, without limitation, material protected by copyright,
trademark, patent, trade secret or other intellectual property right. Infringement may
result from the unauthorized copying, distribution and/or posting of pictures, logos,
software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is
unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful,
invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Fraudulent Conduct: Offering or disseminating fraudulent goods,
services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and
- Failure to Abide by Third-Party Website Policies: Violating the rules,
regulations, or policies that apply to any third-party network, server, computer database,
or website that you access.
- Harmful Content: Disseminating or posting harmful content including,
without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any
other computer programming routines that may damage, interfere with, secretly intercept or
seize any system, program, data or personal information.
You may not distribute, publish, or send through our Network:
- unsolicited advertisements, solicitations, commercial e-mail messages or
promotional messages of any kind (commonly referred to as "spam" or/and “419 scam”);
- unsolicited informational announcements;
- chain mail;
- numerous copies of the same or substantially similar messages;
- empty messages;
- messages which contain no substantive content; or
- very large messages or files that disrupt a server, account, newsgroup, chat
service or network/equipment performance.
Likewise, you may not
(1) participate in collecting e-mail addresses, screen names, or other identifiers
of others (without Starcomms Plc's prior written consent), a practice sometimes known
as spidering or harvesting;
(2) participate in using software (including "spyware") designed to facilitate
(3) collect responses from unsolicited messages; or
(4) use any of our mail servers or another site's mail server to relay mail without the
express permission of the account holder or the site.
NETWORK SECURITY AND INTEGRITY
You may not violate the security of our SERVICE in any way. Such violations may result in criminal or civil liability. Starcomms Plc may, but is not obligated to, investigate any violation of our Network. Starcomms Plc may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Starcomms Plc products services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:
INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
- Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
- Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
- Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.
- Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
- Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Starcomms Plc or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Starcomms Plc customer or other end-user. Starcomms Plc may, but is not obligated to, take any action it deems necessary to protect its Network, E-mail service and Website, its rights or the rights of its customers or third parties, or (2) optimize or improve its SERVICE, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the SERVICE. Starcomms Plc may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional information) related to your access and use of our Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies;' (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A STARCOMMS PLC SERVICE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A STARCOMMS PLC SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." STARCOMMS PLC, IT’S AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS SERVICE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. STARCOMMS PLC DOES NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL STARCOMMS PLC, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF STARCOMMS PLC, IT’S AGENTS, AND IT’S LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY STARCOMMS PLC SERVICE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF STARCOMMS PLC, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
This Policy and Agreement is governed by and is be construed under the laws of the Federal Republic of Nigeria. The Federal High Court, have exclusive jurisdiction over and venue of any suit that relates to this Policy and Agreement.
You agree to indemnify, defend and hold harmless Starcomms Plc from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our SERVICE; or (5) your use of our SERVICE.
MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.starcomms.com. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network.
Starcomms Plc respects the privacy of our subscribers using our Network services and the privacy of visitors to our site. Please take a few minutes to review our
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Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Starcomms Plc may assign its rights and duties under these terms to any party at any time without notice to you.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.