Firenet's Conduct Rules and Acceptable Use Policy

Recently BT Wholesale have announced new pricing for ceasing of circuits to all providers, as such from the 9th September 2012 the BT Wholesale cease fee will be £31.12 + vat.

In event of it being necessary to change the terms and conditions on our website, you will be considered to have accepted the changes if any of the following conditions apply:

Firenet Hi-Speed Internet and Dial Up Conduct Rules and Acceptable Use Policy [AUP] were updated on 18/10/2008 to reflect the new ADSL broadband services added on the same date. Other terms, including the terms of existing services no longer sold, are not affected by this update. Any existing contracts will be held to previous T & C's until expirations of previous contract of services.

This service is provided by Firenet Ltd and the Brands Firenet Speedwire and Firenet Anytime and all service names are property of Firenet Ltd, owned wholly by Firenet Ltd. In Northern Ireland.

These Conduct Rules have been created to promote the integrity, security, reliability and privacy of Firenetís systems and networks and form part of the legally binding Terms and Conditions which govern the use of Firenetís systems, services and equipment by you. These Conduct Rules also identify the actions that Firenet considers to be intrinsically abusive, and thus, strictly prohibited.

Firenet Ltd reserve the right to change any part of these terms and conditions with or without prior notification in response to the ever-changing information technology environment. We will however within all reasonable purposes try to keep you informed of any changes on these terms either by your account email or by the website as a public information service.

By using our services, you agree to be bound by all Firenet terms and conditions.

Recently BT wholesale have announced new pricing for provisioning of circuits to all providers. Unfortunately we have to pass on these charges to all customers. From 12th June 2011 pricing will change as follows:
* The current connection charge for new circuit will increase from £44.64 to £45.79
* Early termination charge prior to 2 days before live date will increase from £17.74 to £18.09
* Early termination charge within 2 days of live date will increase from £66.00 to £69.38
* Currently there is a charge to cease a broadband line, £31.12
* The current fast track charge for a new ADSL circuit is £156.29
Please note the above pricing does not include VAT, and replaces any reference in the terms and conditions, additional charges, cease policy and MAC policy to charges for the above.

In event of it being necessary to change the terms and conditions on our website, you will be considered to have accepted the changes if any of the following conditions apply:

  • 7 days have passed from the date that the new terms and conditions were posted.
  • We, by any reasonable means, try to keep you informed of any changes on these terms either by your account email or by the website as a public information service.
  • If you have logged on to the service and continue to do so.

If you do not agree to the new terms and conditions, you are perfectly within your rights to cancel the said service with Firenet Internet providing you are still within 7 days of the changes initially being posted. All applicable cease/migrations charges will still apply.

Exceeding the quoted usage allowance in any given billing month will result in an overuse charge of £1.50 per 1 Gigabyte(GB) or part Gigabyte used above the quoted allowance.

Bandwidth usage levels can be found via your Firenet MyAccount section available from the following link: myaccount.firenet.uk.net
Any Overuse charges due will be added to the monthly charge for the month following the overuse.

All services are subject to an install/migration fee.

Firenet will no longer be offering any Unlimited or Unmetered broadband services.

Specified data transfer limits on all ADSL broadband services are per calendar month. Any overuse charges due will be added to the following months subscription cost.

The Service Price may vary in line with any promotions we have for new customers or resellers, this does not entitle any already contracted subscriber to benefit from all or any or the new offers Firenet may have other than the subscriber has left the service for a term of no less than 1 month and may wish to re-join.

Firenet reserve the right to inflate the monthly price on the need to continue the services in a profitable manner and to keep in line with competitors pricing modules.

Firenet reserve the right to reduce the monthly price on the need to continue the services in a profitable manner and to keep in line with competition prices.

Firenet will inform you of any price change that affects you 1 month prior to doing so. As a subscriber, if you are unhappy with any proposals you reserve the right to cancel your subscription with 7 days notice.

To cancel any subscription based on our ADSL Broadband services before the contracted time period, the customer must pay any monies owed for the remainder of the minimum contract period before a cancellation request will be accepted.

Firenet do NOT support, and will not accept orders for, the BT Home Move process. If you are going to be moving home, or have already moved home, you will have to place a normal cancellation request via myaccount.firenet.uk.net . You should then place a new broadband order for the new line or premises.

Transfer away of a broadband service
Migration of broadband services is no longer done using the MAC (Migration Authority Code) system. To transfer a broadband service away to another Internet Service Provider (ISP), it is not necessary for you to contact us. You must place a transfer order with the new ISP. Your new ISP will then contact us to notify us of the transfer. As per Ofcom requirements, we will send you a letter to tell you we have received this request, confirming the transfer date, which services are affected, and any payment amount due, in accordance with the terms of service. The new transfer process takes approximately 10 working days.

Cancellation of an ADSL account by ADSL service cease must be requested by means of the Cease Account form available by logging in at http://myaccount.firenet.uk.net. The cease process begins immediately upon successful completion of the form, and will normally take five working days to complete. All currently outstanding payments will be processed as a single bill after the form is submitted. If the billing account is within the Minimum Contract Term originally signed up for, all remaining monthly charges for the duration of the term will be due at this point. If a subscription payment becomes due within the five working day cancellation period from submission of the request, one months subscription payment will be added to the final payment amount. Additionally, a Cease fee may be chargeable to remove the service from the line will be added to the final payment amount. Only the account holder may submit the request.

If your Broadband service is transferred to another provider, or your PSTN service is transferred to another provider resulting in your Broadband service being terminated, without using the appropriate cancellation or migration process detailed within these Terms, you will still be required to complete the cancellation form at http://myaccount.firenet.uk.net, and you will be liable for any charges due on your account, including any cease charge that may be applied.

If BT is unable to provide the service for any reason, you will receive a full refund of monies taken.

If you place a new order for Firenet broadband services and subsequently wish to cancel the order before activation, if your order cancellation request is received prior to two days before the BT activation due date, a charge of £16.17 + VAT will be due. If the cancellation request is received in the period from two days before the BT activation due date, up to when activation is confirmed, a charge of £66 + VAT will be due.

Cancellation of service requests for reasons out of Firenet's control will incur an administration fee for refunds.

All services and offers are subject to Firenet's terms and conditions, errors and omissions excluded.

Activation and migration are BT processes. Activation normally takes 5 to 7 working days to complete for standard and LLU broadband, while FTTC activation takes a minimum of 10 working days. Migration normally takes a minimum of 10 working days. In certain circumstances beyond our control, it may take longer than this. Firenet are not responsible for any difficulties arising from a delay in activation or migration. Delayed activations or migrations can not normally be cancelled after being placed and any payments processed in order to place such an order cannot be refunded, except where BT confirm that they are unable to provide any broadband service on the requested line and cancel the order.

Re-activation of cancelled accounts constitutes a new agreement and as such is subject to the minimum terms and agreements therein.

Service changes can be requested only using the MyAccount management system, provided the account is not within a minimum contractual period. Service change requests constitute a new agreement and as such is subject to a new minimum term of a period of three months. A fee may be charged for service change requests, which will be confirmed on the regrade form before placing the request. ADSL service changes normally take 5 - 10 working days to complete, but can take up to 21 working days or longer. Regrades to FTTC broadband require an engineer appointment to be arranged and will normally take a minimum of 10 working days. Special offers advertised for new customers do not apply to regrades.

The download speed of the Firenet Gamer ADSL package will be determined at the time the order is placed. If the maximum download speed possible on the active telephone line changes after the order is placed, we are not notified and we will not automatically upgrade the speed. Please email support@firenet.co.uk if you wish to have the speed upgraded. A regrade fee of £11 + VAT will apply.

We will endeavour to provide the broadband service to you at the speed you have requested,
however we cannot always guarantee this and the speed of your connection and download times
may be slower if our network or the internet is congested.

The actual download speeds you may receive on ADSL Max based services are variable, and can be influenced by BT service monitoring systems at the exchange, network capacity, customer hardware and other issues.

We may suspend the broadband service from time to time without notice to you where it is
necessary for us to do so for operational reasons such as repair, maintenance, improvement
or emergency. We will restore the broadband service to you as soon as possible.

Firenet reserve the right to suspend or terminate any customerís subscription for excessive or illegal use of Peer to Peer (P2P) software for circulation of copyrighted or illegal material. Firenet may receive notice of copyright infringement from copyright holders and will attempt to notify the customer and request they stop the alleged activity. Failure to comply, or repeated notifications may lead to cancellation or suspension of services pending full investigation.

Firenet reserve the right to terminate any customerís subscription with or without notice should any customer breach any terms, including non payment. It is the responsibility of the customer to ensure that payment details are kept up to date in order for payment to be made on time.

Firenet reserve the right to withdraw any services giving 1 monthís notice to all subscribers. Firenet may place affected customers on the closest comparable service to the one being withdrawn, if available.

Firenet do not accept any responsibility for loss of business due to downtime caused by network or server downtime as a result of service changes or faults.

Firenet accept no responsibility for penalty charges charged to the customer by their bank for any payment processed or attempted by Firenet. The customer should ensure that the payment details they have submitted for their order are valid, up to date, and that funds are available when payment is due.

Payment will be taken from your account on a monthly basis and upon signup you will immediately be debited from your account the relevant activation or migration fee and subscription amount for the advertised sum, special introductory offers excepted.

Should payment be rejected by your bank or building society, Firenet reserve the right to disconnect you without notice until payment is made. There will be a re-connection charge of £1.50. Firenet will attempt to notify you by email to the registered primary and secondary email addresses prior to disconnection. The customer should regularly check the primary email address of their account for service notifications.

From 18 Sept 2008, ADSL Broadband services provided by Firenet carry a minimum of 1 months term. Should you cancel within this time you will be obliged to pay the full contractual term from your account. Firenet reserve the right not to refund any monies that are taken from your account during contractual term. A 12 month minimum contract term option is available at signup time only. A customer who avails of this option during signup will not be charged a £44 + VAT new activation charge or £11 + VAT migration in charge, but will be liable for all 12 monthly payments of the contractual term even if the account is cancelled or the customer uses a MAC code to transfer the service to another provider. Any unforeseen charges applied by third parties in order to complete an activation or migration are not covered by this offer and will be charged to the customer. The free setup option was withdrawn on 09/02/2009. A setup charge of £11 + VAT will apply for standard migrations, and £44 + VAT for new activations or LLU migrations will apply on all accounts signed up on or after 09/02/2009.

Proof of account ownership must be provided either by using the myaccount login on the Firenet website or by requesting in writing providing your account reference details, including your account email address and password.

Payment disputes must be brought to the attention of Firenet before any action can be taken. Any payment outstanding on an account will be passed to our debt recovery team, who will seek a resolution by whatever means necessary.

In the event a payment is charged back or recalled by your credit/debit card provider, a fee of £15.00 (per transaction charged back) which is imposed by our merchant provider, will be passed on to the relevant customer.

Firenet email addresses are made available only to active subscription customers. Inactive addresses will be removed automatically from the server. Email addresses will be terminated upon termination of the customer's subscription service. No backup is made of individual email messages, files or address book data stored on the address. In the event of server failure or address deletion, no recovery of emails will be possible.

You the subscriber, must ensure that your service is running on minimum equipment that will provide you with normal internet access, we will not accept responsibility for any subscriber that is experiencing problems with their connection or any other service due to badly configured or programmed operating systems or problematic computers. The computer must be error free in order to take full advantage of our services, this is the customerís responsibility. We will not accept technical support requests for problems caused by problematic hardware.

The warranty of any hardware provided by Firenet or request through the signup process is provided by the manufacturer. In the event of a hardware failure, the customer should contact the manufacturer for assistance.

Current Firenet Speedwire, business, Firenet Gamer and Firenet Family customers may, by email request to Support, request the use of a singleain name and the email hosting service free of charge until the ADSL agreement is terminated. This offer may be requested only once per customer. Any domain name registered by Firenet for the purposes of this offer will remain the property of Firenet Limited. Should the ADSL agreement be terminated, any continued use of the services provided by this offer will be chargeable by Firenet from the date ADSL agreement cancellation is requested. Domain services provided by this offer are also subject to the Domain Services Terms and Conditions. Firenet reserve the right to suspend access to these services or cancel the offer for non-payment of the ADSL service. Firenet reserve the right to refuse to provide the offer for any reason, at Firenet's discretion. Firenet Business customers may also request 50MB of basic webspace and have it linked to the www record for their chosen.

Should a BT engineer be required to investigate any service problems and the problem be end user related, you the subscriber will be liable for any BT Engineer Call Out Charges. Firenet will not be liable for this charge under any circumstances. The customer should carry out all instructions and requested tests, and return all requested results in full in order that avoidable and unnecessary engineer Call Outs are not made.

When calling technical support you must at all times try to ensure that the person we are speaking to is, at least comfortable with helping us over the phone and have a basic understanding of how to work a computer.

You must keep the documentation of any modem or router hardware that you use to access the service, as well as support details for the manufacturer of the hardware. Our support team will attempt to help with configuring or troubleshooting your Internet setup, but cannot be guaranteed to be familiar with, or be able to obtain documentation for, all current or discontinued ADSL hardware.

No hardware or software that the customer has within their setup is the responsibility of Firenet to support, however, we will attempt to assist with issues with hardware or software that directly affect connectivity to the Firenet service, where possible. The Firenet support team may refer the customer to the manufacturer's support service where appropriate.

Support services provided by Firenet are provided in the language of English only, please ensure the person we are dealing with on any Technical or billing queries, or any other situation that requires a phone call, can speak proper fluent English. The person we are dealing with should also be competent in the use of their computer hardware and software, and be able to follow instructions on testing procedures to assist our technicians in finding and resolving any fault.

  1. You shall not post, publish transmit, re-transmit or store material on or through any of the Firenet's systems services or products which:
    1. Is in violation of any law or regulation which is enforceable in the United Kingdom; or
    2. Is threatening, obscene, indecent, defamatory, or blasphemous; or
    3. Is calculated to incite hatred against any ethnic, religious or other minority or is otherwise calculated to adversely affect any individual, group or entity (collectively, 'Persons'); or
    4. Violates the rights of any Person, including rights of privacy, rights of personality;
    5. Infringes or breaches any third party intellectual property rights (which shall include but not be limited to copyrights, trade marks, design rights, trade secrets patents, moral rights and performance rights).
  2. For the avoidance of doubt, the installation or distribution of 'pirated' software or other software products that are not appropriately licensed to the customer will constitute a violation of intellectual property rights. In the event of any disagreement as to whether materials posted, transmitted, re-transmitted or stored by a customer are in contravention of this section, the decision of Firenet shall be final.
    1. You shall not post, transmit, re-transmit or publish
      1. Unsolicited promotional or advertising material; or
      2. chain letters or pyramid selling schemes.
    2. You shall not undertake any activity designed or likely to:
      1. waste networked resources, including but not limited to time on end systems accessible via Firenet anytime or anytime plus; or
      2. corrupt, interfere with or destroy another anytime user's ('Users') data; or
      3. violate the privacy of other Users; or
    3. interfere with other Users' enjoyment of anytime, including but not limited to overloading access links or switching equipment.
    Prohibited Uses of Firenetís Systems, Services and Equipment

    You may only use Firenetís systems, services and equipment in a manner that, in Firenetís sole judgement, is consistent with the purposes of such systems, services and products. If, after reading the Conduct Rules, you are unsure whether a contemplated use or action is permitted under the Conduct Rules, you should contact Firenet with a description of the proposed use by using our web form at http://www.Firenet.uk.net/abuse.asp for an explanation as to whether the use is permissible under these Conduct Rules.

    Please ensure you await our response before carrying out any use or action that you are unsure about.

    The examples identified in the sub-sections below are non-exclusive and are provided, in part, for guidance purposes only. The following uses of Firenetís systems, services and equipment as described in subsections A through D are expressly prohibited:

    1. Prohibited Actions: General Conduct
      1. Actions that restrict or inhibit any person, company, firm or organisation whether a customer of Firenet or otherwise, in its use or enjoyment of any of Firenetís systems, services or products.
      2. Resale of Firenetís services and products, without the prior written consent of Firenet.
      3. Deceptive or misleading on-line advertising or marketing practices
      4. Furnishing false data on Firenetís sign-up form, contract, or on-line application, including fraudulent use of credit card numbers (and such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).
      5. Firenet internet residential services are for residential and business use
    2. Prohibited Actions: System and Network Security
      1. Attempting to circumvent user authentication or security of any host, network, or account ('cracking'). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
      2. Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which customer is not an intended recipient or logging onto a server or account that customer is not expressly authorised to access. For purposes of this section, 'disruption' includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to 'crash' a host.
      3. Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
      4. Executing any form of network monitoring which will intercept data not intended for the customer.
    3. Prohibited Actions: e-mail
      1. Harassment, whether through language, frequency, or size of messages sent, is prohibited.
      2. Transmission of e-mail to any person containing offensive or abusive language; and
      3. Sending unsolicited mail messages, including the sending of 'junk mail' or other advertising material to individuals who did not specifically request such material ('e-mail Spam'). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the customer must not send that person any further e-mail.
      4. Creating or forwarding 'chain letters' or other 'pyramid schemes' of any type, whether or not the recipient wishes to receive such mailings.
      5. Malicious e-mail, including, but not limited to, 'mail-bombing' (flooding a user or site with very large or numerous pieces of e-mail).
      6. Unauthorised use, or forging, or mail header information.
      7. Use of unsolicited e-mail originating from the Firenet network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Firenet, or connected via Firenet network.
      8. Wilful failure to secure open SMTP ports so as to prevent the unauthorised use of customer resources for the purposes of sending unsolicited e-mail by a third party.
      9. For the avoidance of doubt any systematic, repeated or bulk referral of third parties to Firenet contained in e mails shall be deemed 'e mail Spam' and a breach of this sub-section C and in addition to Firenetís right to suspend and/or terminate your contract and any other rights Firenet may have, Firenet shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.
    4. Prohibited Actions: Usenet Newsgroups
      1. Posting the same or similar messages to large numbers of Usenet newsgroups (Newsgroup Spam, USENET Spam, Unsolicited Commercial Messaging, Unsolicited Commercial Mail, Mass Mail Fraud).
      2. Posting chain letters or other pyramid schemes, of any type.
      3. Posting encoded binary files to newsgroups not specifically named for that purpose.
      4. Postings that contain offensive or abusive language.
      5. Cancellation or superseding of postings other than your own, with the exception of official newsgroup moderators performing their duties.
      6. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup
      7. Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.
      8. Postings that are in violation of the written charters or FAQ's for those newsgroups.
      9. Posting of Usenet articles from the Firenet anytime network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Firenet, or connected via the Firenet anytime network.
      10. Failure to secure a news server so as to prevent the unauthorised use of customer resources by a third party which may result in Usenet posts, which violate this policy.
      11. Advertisements posted in newsgroups whose charters/FAQ's explicitly prohibit them. The poster of an advertisement or other information is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
      12. For the avoidance of doubt any systematic, repeated or bulk referral of third parties to Firenet contained in Usenet newsgroups shall be deemed 'Usenet Spam' and a breach of this sub-section D and in addition to Firenetís right to suspend and/or terminate your contract and any other rights Firenet may have, Firenet shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.
    Censorship

    The Internet contains material that is inappropriate for minors and may cause offence to others. We do not censor or restrict access to any material or information on the Internet unless required to do so by the Police or other competent authority. We will however refer any complaints regarding censorship to the Police for further investigation. Please see below for details of Firenetís complaints procedures.

    Security

    The security (including authentication) of any Internet Protocol services used by you from home is your responsibility. It is also your responsibility to ensure that you keep your passwords secure. Firenet is not liable for any negative consequences, for instance lost or corrupted files, incurred by your failure to employ adequate security measures.

    Firenet Is Not Responsible For Content

    Firenet is not responsible for the content of any USENET posting, whether or not a posting was made by a customer of ours. Firenet is not responsible for the content of materials and information published by others, which are accessible through the Companies network, and does not accept responsibility for the violation of any laws resulting from such publication.

    Removal of Materials

    At its sole discretion, Firenet reserves the right to remove materials from its servers and to terminate Internet access to customers that Firenet determines have violated this Conduct Rules.

    Complaint and Enforcement
    Complaint
    • Complaints regarding abusive conduct will be accepted via the online form at www.Firenet.uk.net/abuse.asp, provided a valid return address is included. Firenet must be able to verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS.
    • Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged.
    • This information is vital to our investigation.
    Complaints Procedure

    If you have a complaint please contact our customer services department.
    We will record relevant information regarding your complaint, supply a reference number and initiate an investigation, or if possible resolve the issue directly with you.
    If the complaint can't be resolved, it will be escalated to a team leader. You will receive a reply within 24 - 48 working hours.
    If the explanation or resolution is not acceptable you can submit a written complaint, this will be directed to the department manager who will respond in writing within 7 working days from receipt of the letter.
    If the reply from the department manager is still not satisfactory to you, you can request that the complaint is further escalated within the company. The complaint will then be passed to the relevant director and a reply will be received within 21 days.
    If you are still not satisfied with any proposed resolution or explanation, you will have the option of raising a case with CISAS (Communications and Internet Services Adjudication Scheme), who will act as independent arbitrator.

    To initiate this procedure, you should contact CISAS directly:

    CISAS
    24 Angel Gate
    City Road
    London
    EC1V 2PT.

    Telephone: 020 520 3827
    Fax: 020 7404 4023
    E-mail: info@cisas.org

    If you have any queries about our formal complaints procedures, please contact our Customer Services Team on 02892 707070, or by e-mail at support@firenet.co.uk, or by writing to the following address:

    Customer Services, 4 Windsor Avenue, Lurgan, Craigavon Co. Armagh BT67 9BG

    Enforcement

    Firenet may, in its sole discretion, suspend or terminate a customer's service for violation of any of the Conduct Rules at any time and without warning.

    As a general matter, Firenet attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service, but it shall not be obliged to do so.

    Breaches of the Conduct Rules

    In applying the Conduct Rules, it is intended that common sense and responsible attitudes should be the guiding principles.

    If you breach the Conduct Rules, you may receive a formal warning from Firenet specifying the unacceptable conduct and notifying you that repeated breaches may result in anytime services being temporarily or permanently withdrawn from you.

    If, after you have received a formal warning from Firenet, your conduct continues to breach the Conduct Rules Firenet will withdraw its services from you until such time as Firenet is satisfied that you have implemented appropriate steps to ensure that your use of Firenetís systems, services or equipment will comply with the Conduct Rules.

    Further breaches will be grounds for termination of your contract with Firenet.

    Notwithstanding the above, Firenet may terminate your contract with Firenet without following the above procedures if you commit a breach of the Conduct Rules which in Firenetís reasonable opinion is serious enough to merit immediate termination.

    Further information

    For further information or advice regarding this document or use of Firenetís services please email support@firenet.co.uk.

"

© 2010 Firenet Ltd - part of the Fast Group - Company number NI039283 registered in England & Wales.
Registered office: 4 Windsor Avenue, Lurgan, County Armagh, BT67 9BG.