Acceptable Usage Policy

Please read the following information.

It sets out the terms under which eir ie's Service is made available for existing eir ie Customers, these terms and conditions are part of and are to be read in conjunction with your existing Service Agreement with eir ie

Definitions

ADSL Internet Services: means the collective name for eir ie's Internet ADSL access services product portfolio, as available from time to time and includes, but is not limited to, eir net Broadband Time, eir net Broadband Home Starter, eir net Broadband Home Plus, eir net Broadband Home Advanced, eir net Broadband Home Professional, eir net Business Lite, eir net Business Lite Plus, eir net Business Starter, eir net Business Plus, eir net Business Enhanced.

CLI: means Caller Line Identification, a method by which the telephone number of a customer making a telephone call (Calling Number) is identified by the recipient of the call.

Customer: the person or entity to whom eir ie is providing the Service.

Customer Contact Policy: eir ie reserves the right to contact the Customer via email regarding information specific to eir ie, including service enhancements, network upgrades, pricing changes and general information relating to the Services.

Dial-Up Internet Services: the collective name for eir ie's Internet access services available for the time being. The current Services are eir ie Pay As You Go, eir ie Subscription Service, eir ie flat rate 25, eir ie flat rate 60 and eir ie anytime, more particularly described on www.eir.ie.

Dial-Up Number: is the telephone number provided to the Customer by eir ie to allow the Customer to access the Services.
eir ie: the provider of the Services.

eir ie anytime: the Dial-Up Internet Service which provides the Customer with 150 hours Allocated time per monthly billing, for use Peak or Off Peak.

eir ie Broadband Business Enhanced: the ADSL service which provides the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir ie Broadband Business Lite: the ADSL service which provides the Customer with unlimited hours per monthly billing, with a traffic allowance of 10Gb.

eir ie Broadband Business Lite Plus: the ADSL service which provides the Customer with unlimited hours per monthly billing, with a traffic allowance of 30Gb.

eir ie Broadband Business Plus: the ADSL service which provides the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir ie Broadband Business Starter: the ADSL service which provides the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir Broadband Home Professional: the ADSL service which provides the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir Broadband Home Plus: the ADSL service which provides the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir Broadband Home Starter: the ADSL service which provides the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir ie Broadband Home Turbo: the ADSL service which provides the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir ie Next Generation Broadband Basic 8Mb: the ADSL service which provided the Customer with unlimited hours per monthly billing, with a traffic allowance of 10Gb.

eir ie Next Generation Broadband Regular 8Mb: the ADSL service which provided the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir ie Next Generation Broadband Velocity 24Mb: the ADSL service which provided the Customer with unlimited hours per monthly billing, with a traffic allowance of 50GB.

eir ie Next Generation Broadband Ultimate 24Mb: the ADSL service which provided the Customer with unlimited hours per monthly billing, with an unlimited traffic allowance.

eir ie Broadband Talk: the VoIP service that allows the Customer to make voice calls using a broadband internet connection.

eir ie Broadband Time: the ADSL service which provides the Customer with 20 hours Allocated time per monthly billing, for use Peak or Off Peak.

eir ie flat rate 25: eir ie Dial-Up Internet Service, which provides the Customer with 25 hours Allocated time per monthly billing period, for use Off Peak .

eir ie flat rate 60: eir ie Dial-Up Internet Service, which provides the Customer with 60 hours Allocated time per monthly billing, for use Off Peak.

eir ie Home Advanced: the ADSL service which provides the Customer with unlimited hours per monthly billing, with a traffic allowance of 50Gb

eir ie Pay As You Go: eir ie Dial-Up Internet Service which doesn't charge the Customer a subscription but which charges customers on a per second basis for time online.

eir ie Pay As You Go Call rates: are the per second call charges paid by eir ie Pay As You Go Customers.

eir ie Subscription: is the periodic fee payable by the Customer to avail of the eir ie Subscription service.

eir ie Subscription Service: is a Dial-Up Internet Service for which the Customer pays a subscription to eir ie and separately Call Charges to its Telecommunications Service Provider for access to the Service.

eir ie's Technical Support Desk the help desk set-up to answer technical support queries from Customers on eir ie's Dial-Up Internet and ADSL Services. Its hours of operation are available for review on eir ie's website www.eir.ie.

eir ie Website: the web site accessible at www.eir.ie

eir ie WiMax: the wireless internet service which provides the Customer with unlimited hours per monthly billing, for use Peak or Off Peak.

eSecurity: is eir ie’s service powered by Symantec and providing internet security software on the Customers computer.

HotSpot: the wireless Internet access which allows the Customer to connect to the Internet in a fixed public location.

Port Scanning: the activity, which by using a particular type of software or otherwise, gives the user the ability to scan the computer system of another Internet user. The purpose of port scanning can be (but is not limited to), obtaining passwords and usernames, remotely controlling that computer or destroying data on that computer. This includes using applications capable of scanning the ports of other Internet users.

Service: means the eir ie website, search facilities, directory services, personal web space, email, newsgroups, Dial-Up Internet Services and other internet services provided by eir ie on an ongoing basis.

Webmail: the service to provide an email space to Customers on the eir ie servers.

1. Registration

You agree the following:
1.1 Access to services and eir ie networks is allowed at the sole discretion of eir ie. eir ie reserves the right, at its sole discretion to refuse certain Customers access to certain services if eir ie considers it likely that allowing the Customers in question to access the services and eir ie networks would be likely to lead to a breach of the terms of this Acceptable Usage Policy.

1.2 to provide true, accurate, current and complete information when you register as a User of eir ie ("User Information"); and notify us immediately of any changes to the User Information.

1.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

1.4 We reserve the right to terminate your account (including user name and password) if any User Information is untrue, inaccurate, out-of-date or incomplete.

1.5 The Terms and Conditions of any Service Agreement between the Customer and eir ie, along with the provisions of this Acceptable Usage Policy, apply absolutely regardless of the type of connectivity used, whether physically wired or wireless, to gain access to eir ie's services.

2. Provision of the service

2.1 eir ie provides access to national and international resources to its Customers through its own network and connections to networks outside of eir ie. Access to these networks is contingent on observance of this Acceptable Usage Policy as the same may be amended from time to time and the current version of which is available on eir ie's web site, www.eir.ie. This Acceptable Usage Policy applies to all users of the eir ie service.

2.2 eir ie's services are provided to the Customer and the Customer therefore agrees to neither share the service, nor use the service to share eir ie sensitive information with any other person or body.

2.3 Use of the eir ie service is deemed to be an acceptance of this policy.

2.4 To ensure that eir ie provides a top quality service to its Customers, it is essential to protect against potential abuse by anonymous users, such as those sending unsolicited spam email, or other unacceptable behaviour. Customers accessing the Service agree to make their Caller Line Identification available when connecting to eir ie. Regardless of whether your telephone number is ex-directory or not this unblocking of Caller Line Identification is automatic and is essential for accessing the eir ie Service. Removing the CLI block only releases the phone number for the duration of the call to eir ie and not for any other call. The Calling Number identified by using CLI will not be used by eir ie for any purposes other than protecting against fraud and/or abuse.

2.5 eir ie reserves the right to deny access to all or any part of eir ie or the Services if the telephone Caller Line Identification is blocked from the telephone line used to access eir ie.

2.6 Some Customers administer their own mail servers to send and receive email across eir ie systems. These mail servers can potentially be used by third parties to send spam and other unsolicited email. To protect against this abuse all mail servers must be configured as "closed relays".

2.6.1 Customers are responsible for ensuring that their mail servers are not acting as open relays.

2.6.2 eir ie reserve the right to test the status of mail servers for open relays.

2.6.3 Customers whose mail servers are acting as open relays will be required to reconfigure them as closed relays.

2.6.4 eir ie reserves the right to suspend and/or terminate service where a Customer fails to close an open relay.

2.6.5 eir ie reserves the right to suspend service immediately and without prior notice where the Customer's mail server is actively being used to send unsolicited email (including spam).

3. Security & Personal Information

3.1 eir ie will use its reasonable endeavours to prevent unauthorised access to the Service by third parties, but shall have no liability to the Customer for any unauthorised access to the Customer's computer system. The Customer is responsible for selecting and properly using any security procedures made available by eir ie as well as other procedures and measures necessary to safeguard and back-up the Customer's files, data and programs or any other form of information.

3.2 Depending on which eir ie Dial-Up Internet Service, ADSL Internet Service or other eir ie services you choose you may be issued with a set of unique passwords. You are responsible for the security and proper use of all passwords relating to the service and must take all necessary steps to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people.

3.3 Other users of your username and password shall be bound by these terms and conditions as if they were you. You agree to immediately notify us of any unauthorised use of your username or password or any other breach of security of which you become aware.

3.4 If you forget your password you can reset it by using the forgotten password link http://autoreg.eir.ie/passwordchange/.

3.5 eir ie reserves the right, at its absolute discretion, to require the Customer to change any username or password used by the Customer in connection with the Service.

3.6 eir ie reserves the right, at its absolute discretion, to suspend the Customer's user name and/or password and/or access to the Service if at any time eir ie considers that there is or is likely to be a breach of security or of this Agreement or any other agreement entered into by the Customer and require the Customer to change any user name or password used by the Customer in connection with the Service.

4. Use of the service

4.1 The Customer is responsible for obtaining, installing and maintaining suitable equipment, communication lines and services necessary to access and use the eir ie Service. Customers must ensure that equipment (whether supplied by eir, eir ie or a third party) drops the connection and that only intended connections are being made.

4.2 eir ie shall have no liability to the Customer whether in contract, tort or otherwise (including any liability for negligence) arising from the selection and use of an inappropriate POP or Dial-Up Number by the Customer or the overwriting of any existing setting or the deletion of any file from the Customer's Web Space Allocation. Under no circumstances will eir ie make refunds for the selection and use of an inappropriate POP or Dial-Up Number.

4.3 The Customer shall be responsible for discharging the cost of technical support provided by or on behalf of eir ie, including the cost of any call to eir ie 's Technical Support Desk, at such rates as specified by eir ie.

4.4 eir ie services may not be used for any activity, which contravenes the laws of Ireland, or any other applicable jurisdiction.

4.5 Customers may not use eir ie services to seek to gain unauthorised access to eir ie facilities, services or resources or to the facilities, services or resources of connected networks.

4.6 Customers may not use eir ie services to engage in activities, which waste eir ie resources (people, networks, computers and financial).

4.7 Customers may not use eir ie services to engage in activities, which cause or are liable to cause disruption or denial of service to any eir ie customer and any user of the eir ie service.

4.8 Customers may not use eir ie services to create, host or transmit offensive or obscene material, or engage in activities, which would cause offence to others on the grounds of, amongst other things, race, creed or sex.

4.9 Customers may not use eir ie services to create, host or transmit material, which is defamatory.

4.10 Customers may not use eir ie services to create, host or transmit material, which infringes the intellectual property rights of another person or organisation including, but not limited to, copyright and related rights, database rights, trade marks, industrial designs and patents.

4.11 Customers may not use eir ie services to engage in activities, which infringe proprietary rights in any software.

4.12 Customers may not use eir ie services to engage in activities, which compromise the privacy of others.

4.13 Customers may not use eir ie services to engage in activities, which would destroy the integrity of computer-based information.

4.14 Customers may not use eir ie services to transmit unsolicited commercial or advertising material either to other customers or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance to the recipient.

4.15 Customers may not use eir ie services to transmit unsolicited or bulk email either to other customers or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance to the recipient.

4.16 eir ie services are not intended for resale. Resale of services without making specific express arrangements with eir ie shall not be permitted

4.17 eir ie reserves the right, to take any action it deems appropriate when dealing with third party content, which whilst not necessarily illegal, is none-the-less considered by eir net, on reasonable grounds, to be inappropriate and deliberately calculated to cause unreasonable anxiety, inconvenience or stress to others.

4.18 eir ie informs its Customers that it may from time to time receive notices from www.hotline.ie requesting the removal of specified material from web sites or newsgroups hosted on its services and providing that it is reasonable to do so eir ie must comply with such notices within a reasonable time.

4.19 You must not gain or attempt to gain unauthorised access to any computer systems for any purpose, including accessing the Internet. You must not run Port Scanning software which accesses remote machines or networks, except with the explicit prior permission of the administrator or owner of such remote machines or networks. A Customer who intends to run a Port Scanning application on the eir net network must provide eir ie with a copy of the written consent received from the target of the scan authorising the activity. This must be supplied to eir ie prior to the application being run.

4.20 During the initial registration process for the Service, eir ie may send a file to the Customer's computer to configure the Customer's computer with the correct settings for the Service. The Customer acknowledges and agrees that the said file will change the Customer's default Internet settings to those of eir ie.

4.21 eir ie may supplement or make changes to its rules of operation, access procedures, security procedures and standards for Customer equipment;

4.22 eir ie may change the type and location of the system equipment, facilities and software used by eir ie in providing the Service;

4.23 eir ie may modify, withdraw or restrict the availability of the Service;

4.24 eir ie accepts no responsibility for minors using the Service; and

4.25 if the Customer wishes to change the name of the address on their account, eir ie requires written confirmation, in the form of email, letter or fax, from the account holder.

5. Webmail Message Storage, Web Space Allocation and other limitations

5.1 The following storage limits in relation to Webmail apply:

5.1.1 Your web-based e-mail storage space is limited to 5MB (if you are using the earlier eir net Webmail service) or to 5GB (if you are using the newer Webmail service).

5.1.2 Your POP e-mail storage is limited to 50 MB (if you are using the earlier eir net Webmail service) or to 5GB (if you are the using the newer Webmail service).

5.2 In relation to web space storage, the following limits apply:

5.2.1 In respect of the eir ie Pay As You Go service, your web space storage is limited to 20MB.

5.2.2 In respect of the eir ie Subscription service, your web space storage is limited to 100MB 5.2.3 In respect of the eir ie Flat Rate services your web space storage is limited to 50 MB

5.2.4 In respect of the eir ie Broadband Time services your web space storage is limited to 50 MB

5.2.5 In respect of the eir ie Broadband Home Starter services your web space storage is limited to 100 MB

5.2.6 In respect of the eir ie Broadband Home Plus services your web space storage is limited to 100 MB

5.2.7 In respect of the eir net Broadband Home Advanced services your web space storage is limited to 100MB

5.2.8 In respect of the eir ie Broadband Home Professional services your web space storage is limited to 200 MB

5.3 eir ie reserves the right without prior notification to suspend, clear down or terminate e-mail addresses and relevant passwords, which are inactive (i.e. mail is not retrieved) for a period of more than 90 days. Terminated email addresses will then become available for use by another Customer. eir ie shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. You agree that eir ie may terminate your access to any part or all of the Service and any related service(s) at any time, on notice to you, effective immediately, for any good and sufficient reason and acknowledge and agree that eir ie shall not be liable to you or any third party for any termination of your access to the Service. eir ie reserves the right to take such action as it deems appropriate against any Customer who violates any conditions of this Acceptable Usage Policy.

5.4 eir ie does not guarantee the successful delivery of attachments to emails or messages sent over the eir net service.

5.5 The Customer is responsible for ensuring that it does not exceed the Web Space Allocation. Where the Web Space Allocation is exceeded, eir ie may, at its absolute discretion and with or without notice to the Customer, delete any file from the Customer's Web Space Allocation.

5.6 If a Customer moves from an eir ie Internet Service to another eir ie Internet Service with a smaller allocation of web space, then the Customer shall not be allowed to update or add to their web space account until they are within the limit of their new Dial-up or ADSL Internet Service.

6. Intellectual Property and Right to Use

6.1 You acknowledge that all copyright, trademarks and all other intellectual property rights in any material supplied as part of the Services shall remain vested in our licensors or us. You acknowledge that you are permitted to use this material only as expressly authorised by our licensors or us and may not copy, reproduce, transmit, distribute or create derivative works of such material without express authorisation.

6.2 The material and content contained within eir ie and the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) distribute or commercially exploit such material and content. If you become aware of any such distribution or commercial exploitation, you will let us know immediately.

7. Limitation of Liability

7.1 You acknowledge that eir ie has no control over the information which can be accessed by using eir ie services and that we do not examine the use to which you or other users put the Services or the nature of the information you or they are sending or uploading. We therefore exclude all liability of any kind for the transmission or reception or such information of whatever nature.

7.2 We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other person on any web site you establish using the Services.

7.3 You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

8. Indemnity

8.1 You agree to indemnify us, or any company in the eir Group and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Services.

9. User dealings with Advertisers

9.1 Your correspondence with, or participation in promotions of, advertisers or merchants found on eir ie, including payment for and delivery of related goods, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree that we have no liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the eir ie website.

10. Termination

10.1 eir ie reserves the right to take such action as it deems appropriate against any Customer who violates any conditions of this Acceptable Usage Policy. In such cases, services (including your username and password, your email addresses, emails, web space, eLiving, Broadband Talk, HotSpot, Always on for Sport, Always on for Music, eSecurity, and other data stored on eir ie) may be limited, interrupted or terminated with or without notice to the Customer.

11. Law

These terms and conditions shall be governed by and construed in all respects in accordance with the laws of Ireland and each party hereby submits to the exclusive jurisdiction of the Irish Courts.
This Acceptable Usage Policy will be amended from time to time as is deemed necessary by eir ie. A copy of this policy will be made available to all new customers and the current policy will also be available on eir ie's web site. It is the Customer's responsibility to ensure familiarity with and observance of this Acceptable Usage Policy.

12. Data Protection

Any information obtained by eir ie through an application for the Service, or through the use of the Service may be accessed by eir ie in accordance with the provisions of the Data Protection Acts 1988 – 2003, as same may be amended from time to time, and may be used by eir ie to identify other products and services which may be offered to the Customer by eir ie or agreed third parties, only where the Customer has expressly agreed that the information may be used for such purposes.

13. Force Majeure

Except for failure to make payments when due, neither party will be liable to the other by reason of any failure in performance of this Agreement if the failure arises out of the unavailability of third party communication facilities or energy sources, acts of God, acts of the other party, acts of governmental authority, fires, strikes, delays in transportation, riots or war, or any cause beyond the reasonable control of that party. If any such event prevents the Customer from accessing the Service and continues for more than one (1) month, the Customer may terminate the Service upon delivery of notice to eir ie.

14. No Warranties

14.1 The Service is provided on an "as is" basis and all conditions and warranties expressed or implied whether by statute or common law or otherwise are hereby excluded to the fullest extent permitted by law.

14.2 eir ie does not warrant that the Service will meet the Customer's requirements or that the operation of the Service will be uninterrupted or error-free or that any defect in the Service can or will be remedied. In particular, eir ie makes no warranties or representation to the extent that the operation of the Service is dependent on third party service providers and eir ie shall have no liability in respect of defects, interruptions or malfunctions in the Service, which are attributable to such third party service providers.

14.3 The Customer assumes the responsibility to take adequate precautions against damage to its operation which could be caused by defects, interruptions or malfunctions in the Service.

14.4 In respect of information provided by information providers to whom access has been gained by the Customer via the Service, the Customer acknowledges that eir ie does not warrant or guarantee:

14.4.1 the accuracy, completeness, performance, quality, suitability or usefulness of such information; or

14.4.2 that such information will be free of infection by viruses, worms, Trojan horses or anything else manifesting, contaminating or destructive properties; or

14.4.3 that such information will not contain adult-oriented material, or material which some individuals may deem objectionable.

14.5 The Customer assumes the risk of using information accessible using the Service and shall isolate information, execute anti-contaminationsoftware and otherwise take steps to ensure that information, if contaminated or infected, will not damage the Customer's information or system.

14.6 eir ie has no responsibility for any information, software, services or other materials obtained by the Customer using the Service.