Introduction

 

inq. Digital Nigeria Limited acceptable use policy (the “Policy”) defines acceptable practices relating to the use of inq. Digital Nigeria Limited services (the “Service”) by customers of inq. Digital Nigeria Limited  (“Customers”). By using the Service, you acknowledge that you and your Users are responsible for compliance with the Policy. You are responsible for violations of this Policy by any User. While it is not our intent to control or monitor online experience or the content of online communications, we may edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful, or offensive. The Policy applies to all aspects of the Service. “inq.” means inq. Digital Nigeria Limited. “inq. Intelligent Network” includes, without limitation, inq.’s constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such a transmission network. As used in this Policy, “you” refers to Customers, and any reference to “Users” is intended to encompass, as applicable, both Customers and their Users. This Policy is designed to assist in protecting the inq.’s Intelligent Network, the Service, our Users and the Internet community as a whole from improper and/or illegal activity over the Internet, to improve Service and to improve Service offerings. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), Users of the inq. Intelligent Network must also conform to the applicable acceptable use policies of such other ISPs. Rights of inq. Digital Nigeria Limited

 

If suspension or termination of service

If Users engage in conduct or a pattern of conduct, including without limitation repeated violations by a User whereby correction of individual violations does not in inq.’s sole discretion correct a pattern of the same or similar violations, while using the Service that violates the Policy, or is otherwise illegal or improper, inq. reserves the right to suspend and/or terminate the Service or the User’s access to the Service.

inq. will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the inq. Network is threatened or cases involving unsolicited commercial email/SPAM, a pattern of violations, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment or copyright infringement, we reserve the right to suspend or terminate your Service or the User’s access to the Service without notification.

In addition, we may take any other appropriate action against you or a User for violations of the Policy, including repeated violations wherein correction of individual violations does not in inq.’s sole discretion correct a pattern of the same or similar violations. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy.

 

Cooperation with investigations

inq. Digital Nigeria Limited will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. inq. Digital Nigeria Limited reserves the right to disclose customer information to the extent authorised by applicable law.

 

Modifications to policy

inq. Digital Nigeria Limited reserves the right to modify this Policy at any time without notice. We will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. Any such modifications shall be effective and applied prospectively from the date of posting.

 

Filters and service information

We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this Policy, including devices designed to filter or terminate access to the Service. By accepting and using the Service, you consent to allowing us to collect service information and routing information in the normal course of our business, and to use such information for general business purposes.

 

Prohibited uses

Illegal Activity: The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws or is obscene, defamatory or otherwise unlawful.

Unauthorised Access/Interference: A User may not attempt to gain unauthorised access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the inq. Digital Nigeria Limited Network. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without authorisation. A User may not attempt to gain unauthorised access to the user accounts or passwords of other Users.

Unsolicited Commercial Email/Spamming/Mailbombing: A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient is prohibited. In addition, “spamming” or “mailbombing” is prohibited. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, to promote a site hosted on or connected to the inq. Digital Nigeria Limited Network is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages. inq. may in its sole discretion rely upon information obtained from anti-spamming organisations (including for example, and without limitation, spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active “spam operation” for purposes of taking remedial action under this Policy.

Spoofing/Fraud: Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using the name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with the use of the Service is prohibited.

USENET Postings: All postings to USENET groups must comply with that group’s charter and other policies. Users are prohibited from cross-posting to unrelated newsgroups or to any newsgroups where the post does not meet that group’s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited), is prohibited. Disrupting newsgroups with materials, postings or activities that are (as determined by inq. Digital Nigeria Limited in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libellous, hateful, excessive or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, FAQ or charter.

 

Complaints

inq. Digital Nigeria Limited receives complaints directly from Internet users, through Internet organizations and through other parties. inq. Digital Nigeria Limited shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organisations, before taking action under this AUP. A complaint from the recipient of a commercial email, whether received directly or through an anti-spamming organisation, shall be evidence that the message was unsolicited. inq. Digital Nigeria Limited has no obligation to forward the complaint to the User or to identify the complaining parties.

 

The following activities are also prohibited:

  • Intentionally transmitting files containing a computer virus or corrupted data.
  • If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations. If a User is accessing the Service via a dial-up connection, we may terminate the user session if the User is connected for more than seven days in order to protect inq. Digital Nigeria Limited Network resources and maintains Service availability for others.
  • Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilisation, or other methods to document the use of inq. Digital Nigeria Limited’s services.
  • 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 deliver unsolicited commercial email.
  • Any activity that disrupts degrades, harms or threatens to harm the inq. Digital Nigeria Limited Network or the Service.
  • Any use of another party’s electronic mail server to relay email without express permission from such other party is prohibited.
  • Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this Policy, may result in suspension or termination of the User’s access to or use of the Service.

This listing of prohibited activities is not exhaustive and inq. Digital Nigeria Limited reserves the right to determine that any conduct that is or could be harmful to the inq. Digital Nigeria Limited Network, inq. Digital Nigeria Limited’s Customers or Internet users is in violation of this Policy and to exercise any or all of the remedies contained in this Policy.

 

Responsibilities of customers

Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You agree immediately to notify inq. Digital Nigeria Limited of any unauthorised use of your account or any other breach of security known to you. If you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us.

 

Impending security event notification

All Users of the inq. Network is responsible for notifying inq. immediately if they become aware of an impending event that may negatively affect the inq. Network. This includes extortion threats that involve a threat of “denial of service” attacks, unauthorised access, or other security events.

 

Configuration

All Users of the inq. Network are responsible for configuring their own systems to provide the maximum possible accountability. inq.  shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorised or requested by inq. For example, Users should ensure there are clear “path” lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange and should generally present header data as clearly possible. As another example, Users should maintain logs of dynamically assigned IP addresses. Users of the inq. Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User’s site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.

 

Complaints

In most cases, we will notify our Customer(s) of complaints received by us regarding an alleged violation of this Policy. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications.

 

Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. inq. Digital Nigeria Limited makes no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”

 

Claims of copyright infringement

Transmission of any material or content of which the User is not the owner of or does not have a right of publication or distribution, whether under law or under contract, is prohibited. Such materials or content includes, without limitation, proprietary and confidential information or materials or consent subject to the Nigerian Copyrights Act Cap C28 LFN 2004 and any amendment made pursuant thereto. Unauthorised duplication or dissemination of these product terms or any of its contents is a violation of applicable laws.

 

Additional terms and conditions

The use of the inq. Network by a Customer of inq is subject to the terms and conditions of any agreements entered into by such Customer and inq. This Policy is incorporated into such agreements by reference.

 

Complaints and contact information

Any complaints regarding prohibited use or other abuse of the inq. Network, including violations of this Policy, should be sent to inq. Please include all applicable information that will assist inq. in investigating the complaint, including all applicable headers of forwarded messages.

Sites experiencing live attacks from inq. Customers should call into our Customer Service Operations Center (telephone 234-1-2120700) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention.

 

Law and legislation

inq. Digital Nigeria Limited’s infrastructure may be used only for lawful purposes. Users may not violate any applicable laws and regulations of Nigeria within the territory of Nigeria. Should the user reside outside of Nigeria, the laws of the country in which the user resides shall apply.

Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The user undertakes to use inq. Digital Nigeria Limited services in accordance with any restriction imposed under the following legislation:

Nigerian Communications Act 2003 and any amendment made pursuant thereto

All regulations for the time being in force made pursuant to the Nigerian Communications Act, including but not limited to the Lawful Interception of Communications Regulation.

Economic and Financial Crimes Commission (Establishment) Act 2004 and any amendment made pursuant thereto.

All regulations for the time being in force made pursuant to the Economic and Financial Crimes Commission (Establishment) Act.

All legislation currently in force in Nigeria for Cybersecurity and the prevention, detection, response and prosecution of cybercrimes and other related matters.

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