Acceptable Usage Policy
Section 1: About This Policy
This Acceptable Use Policy (hereinafter referred to as “Policy or “User Policy”) sets out how “the Services” (defined as “any broadband internet or related services that you have ordered, currently use, and/or any new or additional services which you may use in the future”) provided by Virgin Media Ireland Limited and its subsidiaries (collectively, “Virgin Media,” “we,” or “us” may be used and any restrictions on your use of the Services.
This User Policy has been created to promote the integrity, security, reliability and privacy of Virgin Media’s systems and networks and governs your use of the VIRGIN MEDIA’s systems, services and equipment. Please read this Policy in conjunction with our General Terms and Conditions. A copy of which can be found at www.virginmedia.ie.
User Policy also identifies the actions that Virgin Media considers to be abusive, and prohibited us of the Virgin Media systems, services and equipment. If we have reasonable grounds to suspect that you are in breach of this User Policy or any other terms on which we provide services to you, or you do anything which would put us in breach of our statutory or other obligations, we reserve the right to suspend or terminate your access to the Services without liability to you. We will give you notice of suspension or termination as soon as it is practical to do so.
Section 2: Modification of User Policy
Virgin Media retains the right to amend, modify or substitute this User Policy at any time. Any such modification, amendment or substitution shall be posted on our website at www.virginmedia.ie. The most up to date version of the User Policy will apply to your use of the Services.
Section 3: Data Transfer Allowances, Excessive use and Other Limitations
Virgin Media broadband services are intended for normal recreational or educational use by individuals and families and our pricing and network architecture have been designed accordingly. The Services are strictly for residential use only - commercial use of any kind is prohibited. Customers who use the Services more heavily than a normal home user will reduce the performance of the network for other customers.
From 5th September 2011, the data transfer allowance for all Fibre Power Broadband customers is 500GB
From 25th February 2013, no limit on data transfer allowance will apply for customers of new Fibre Power Broadband products, except for customers of limited products with specified data transfer allowances.
"Excessive use" of the Service means usage exceeding your monthly data transfer allowance. If you exceed your monthly data transfer allowance as determined by Virgin Media, in our sole judgment, Virgin Media may take any of the following actions, or any combination thereof:
• Impose a charge of 3 cent per megabyte or part thereof for exceeding your data transfer limit; and/or
• Upgrade your package to a package with a higher data transfer limit with the corresponding higher monthly fee; and/or
• Downgrade your upload and download speed for a period of one month to dial-up speed, with your monthly fee remaining the same; and/or
• Suspend your access to the services for one month, with your monthly fee remaining the same; and/or
• Terminate your account for non-compliance with the provisions of this User Policy in accordance with the provisions of Virgin Media’s General Terms and Conditions.
• Usage restrictions and data allowances for Limited Broadband Products are set out in the terms and conditions for these bundles. By subscribing to a limited bundle you are choosing a Virgin Media product that has a usage cap. It is a condition of this product that you adhere to the usage cap. Where you do not adhere to the usage cap we will automatically upgrade you to the nearest bundle that best meets your needs subject to the notification provisions set out in the terms and conditions for that bundle.
Virgin Media Mobile Service Fair Usage Policy:
Virgin Media Mobile Services are subject to a Fair Use Policy. Fair Usage Policy applies to usage exceeding 10,000 Voice call minutes or 10,000 Text messages or 30 Gigabytes of Data in any monthly bill cycle. If you exceed these allowances as determined by Virgin Media, in our sole judgment, Virgin MediaVirgin Media may take any of the following actions, or any combination thereof:
- Suspend your access to the Virgin Media Mobile Service and/or
- Terminate your account for non-compliance with the provisions of this Usage Policy in accordance with the provisions of Virgin Media’s General Terms and Conditions.
Where breach of our Mobile Services Fair Usage Policy is suspected, we will endeavour to contact you before taking the actions described above. In the case of severe abuse, as reasonably determined by us, we reserve the right to suspend your use of the Service or end our Agreement, having attempted to contact you first.
Section 4: Prohibited Conduct
As a general principle, you must not use the Services in any way that is unlawful or illegal or in any way that affects the enjoyment of other users of the Services or the internet. You may only use Virgin Media systems, services and equipment in a manner that, in the sole judgment of Virgin Media, is consistent with the purposes of such systems, services and products.
Any activities that improperly restrict, inhibit, or degrade any other person‟s use or enjoyment of the Service and or the internet and related services, or represent (in Virgin Media‟s sole judgment) an unusually great burden on the network itself are strictly prohibited. In addition, you must ensure that your use does not improperly restrict, inhibit, disrupt, degrade or impede the ability of Virgin Media to deliver the Service and monitor the Service backbone, network nodes, and/or other network services. By way of illustration and not limitation, the following uses of Virgin Media systems, services and equipment are prohibited:
You shall not post, publish, transmit, link to, otherwise make available, re-transmit or store material on or through any Virgin Media systems, services or products, and/or undertake any activity, which is:
- In violation of any law or regulation, which is enforceable in the Republic of Ireland;
- Is threatening, obscene, indecent, defamatory, or blasphemous or is calculated to incite hatred against any ethnic, religious or other minority or is otherwise calculated to adversely affect any individual, group or entity
- Is in breach of Virgin Media‟s General Terms and Conditions and or this User Policy
- Deceptive or misleading on-line advertising or marketing practices are prohibited;
- Sending “junk mail” or “e-mail Spam” is strictly prohibited as further defined in Section 6;
- The resale of Virgin Media‟s systems, services and/or products, without the prior written consent of Virgin Media is prohibited;
- The Services are strictly for residential use only - commercial use of any kind is prohibited;
- You must not use the service to knowingly or unknowingly cause any malicious code, including but not limited to transmitted Worms, Trojans or Viruses. Any account found to have been used to transmit such items can be subject to immediate suspension or disconnection of services without notice.
The following uses of Virgin Media systems, services and equipment as described below are expressly prohibited:
- 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);
- 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;
- 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;
- Executing any form of network monitoring which will intercept data not intended for the customer;
- You must not use the Services to carry out Port scanning/probing (which is an attempt to identify an open gateway into another Internet user‟s machine). Where it has been identified that an account has been used for this activity Virgin Media may withdraw the Services without notice. You must not use the services to run any program that can be used to compromise the efficiency and security of network traffic.
Section 5: Intellectual Property Rights
Any images, photographs, articles, pages, designs, drawings, software, music, information and other materials published on the Internet and the Services are protected by copyright.
Published material on the Internet and on the Services does not mean it is available for anyone to copy. Unless the owner of that copyright specifically states that you may copy the work, you should assume that you cannot. It is an infringement of copyright to copy, reproduce, adapt, translate, broadcast or perform copyright protected material without permission, to make infringing copies available to the public or otherwise to knowingly deal in infringing copies. The Services must not be used, directly or indirectly, to transmit, publish, link to or otherwise make available any confidential information or trade secrets of any person or entity.
You shall not post, publish, transmit, link to, otherwise make available, re-transmit or store material on or through any Virgin Media systems, services or products, and/or undertake any activity, which 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, rights of privacy and publicity, moral rights and performance rights). 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 Virgin Media shall be final.
Section 6: Email
The following uses of Virgin Media systems, services and equipment as described below are expressly prohibited:
- Harassment, whether through language, frequency, or size of messages sent, is prohibited.
- Transmission of e-mail to any person containing offensive or abusive language;
- Sending unsolicited e-mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (“e-mail Spam”). Users are explicitly prohibited from sending unsolicited bulk e-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 specifically requested it. If any recipient requests you to stop sending them such e-mail of this nature, you must cease sending any further e-mail to that person;
- Creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
- Malicious e-mail, including, but not limited to, “mail-bombing” (flooding a user or website with very large or numerous pieces of e-mail);
- Unauthorised use, or forging, of mail header information;
- Use of unsolicited e-mail originating from the Virgin Media network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Virgin Media , or connected via Virgin Media network;
- Willful 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;
- For the avoidance of doubt any systematic, repeated or bulk referral of third parties to Virgin Media contained in e- mails shall be deemed “e- mail Spam” and a breach of this policy. In addition to the right of Virgin Media to suspend and/or terminate your contract and any other rights Virgin Media may have, Virgin Media shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.
Virgin Media will configure all Virgin Media mailboxes, email size limits, mail storage time and inactivity time limits to ensure efficient use of our servers and optimum quality of service for Virgin Media customers.
You are responsible for the security of your user name and password combinations. Do not disclose these combinations to anyone.
Virgin Media cannot guarantee that you will be able to register and use any e-mail address that you would like.
If Virgin Media requests that you change your e-mail address you must comply within the time frame specified by Virgin Media at the time of the request. Failure to do so will result in the removal of the e-mail address and all e-mail contained within that mailbox will be permanently lost.
If the e-mail address constitutes the primary mailbox and the changes to the user name are not carried out within the timeframe specified by Virgin Media at the time of the request, your account may be suspended or disconnected. Upon suspension the account will only be reinstated following receipt of a signed letter confirming the new user name that you wish to use. Virgin Media reserves the right to suspend any email account that has not been accessed for a consecutive period of 5 months without prior consent or notification. A suspended email account may be reactivated by contacting customer services or our online resources. (In case of a suspension, Virgin Media reserves the right to delete the content of an email account at the time of suspension.)
In case a suspended account remains suspended for an additional consecutive period of 1 month, Virgin Media reserves the right to terminate the email account and delete its content. In that case the email address will be released and may be given to another user without notice to you or such other party.
Please note that Virgin Media reserves the right to filter, block and remove incoming and outgoing email without notice in the following circumstances:
- Emails that have been blacklisted as a result of spamming or other abuse;
- Emails that Virgin Media in its absolute discretion knows or considers to be “e-mail spam” as referred to in this User Policy;
- Emails that Virgin Media in its absolute discretion knows or suspects to be containing a computer virus or any other type of malicious code;
- Emails that Virgin Media in its absolute discretion considers are in violation of this User Policy. Virgin Media may also limit the number of email messages a user is able to send or receive in a given time period. This limit will only affect very heavy users, and is designed specifically to prevent our network being used to distribute spam. Section 7: Usenet Newsgroups The following uses of Virgin Media systems, services and equipment as described below expressly prohibited:
- Posting the same or similar messages to large numbers of Usenet newsgroups (Newsgroup Spam, USENET Spam, Unsolicited Commercial Messaging, Unsolicited Commercial Mail, and Mass Mail Fraud).
- Posting chain letters or other pyramid schemes, of any type.
- Posting encoded binary files to newsgroups not specifically named for that purpose.
- Postings that contain offensive or abusive language.
- Cancellation or superseding of postings other than your own, with the exception of official newsgroup moderators performing their duties.
- Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
- 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.
- Postings that are in violation of the written charters or FAQ‟s for those newsgroups.
- Posting of Usenet articles from the Virgin Media network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Virgin Media , or connected via the Virgin Media network.
- 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.
- 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.
For the avoidance of doubt any systematic, repeated or bulk referral of third parties to Virgin Media contained in Usenet newsgroups shall be deemed “Usenet Spam” and a breach of this User Policy and in addition to the right of Virgin Media to suspend and/or terminate your contract and any other rights Virgin Media may have, Virgin Media shall not be obliged to credit you with any amounts pursuant to any referral program in existence (if any) from time to time.
Section 8: Management of Network
The Services are provided on a best efforts basis and we cannot guarantee minimum bandwidth delivered to the customer and we cannot guarantee that all data traffic can be transported complete and without delay.
Virgin Media reserves the right to take whatever actions may be necessary to manage its network for the greatest benefit of the greatest number of subscribers. To this end, Virgin Media reserves the right to restrict access to the Services and or to impose data traffic restrictions at its discretion (1) in order to implement new facilities, (2) to allow for data retrieval, and/or (3) to maintain service levels.
You expressly accept that any such actions on the part of Virgin Media may affect the performance of the Service.
Section 9: Content & Content Filtering
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 law enforcement authority of the Republic of Ireland (the “Garda Siochana”) or other competent authority, in which case we shall have no liability to you for any such action or decision. We will however refer any complaints regarding censorship to the Garda Siochana for further investigation. Please see Section 20 for details of the Virgin Media complaints procedures.
Additionally, you can contact www.hotline.ie to report Internet content that you suspect to be illegal.www.hotline.ie provides a secure and confidential environment where you may anonymously report such content if you encounter it on the Internet. Whilst the primary focus of the Hotline remains Child Pornography, other forms of illegal material do exist on the Internet and may be reported using this service.
Virgin Media is not responsible for the content of any discussion forum posting, whether or not a customer of Virgin Media made the posting. Virgin Media is not responsible for the content of materials and information published by others, which are accessible through the Virgin Media network, and does not accept responsibility for the violation of any laws resulting from such publication.
Section 10: Internet Protocol Services
Virgin Media broadband Internet opens up new possibilities of use with its features such as „always on‟, and while subscribers are able to benefit from these features, Virgin Media must also ensure that the Service is not abused to the disadvantage of the Service and subscriber group. You must not use, nor allow anyone else to use the Services to provide Internet Protocol services to the Internet populace as a whole, including other Virgin Media users. Internet Protocol services includes, but is not limited to, HTTP, games, telnet and FTP services. However, you may provide Internet Protocol services from your computer for personal use. An example would be the running of an authenticated FTP service to enable you to access files on your home computer remotely. The following conditions apply: Any Internet Protocol services you use require authentication e.g. you are not allowed to provide anonymous FTP servers; and you are not allowed more than ten concurrent connections to the Internet Protocol services you use.
Section 11: Security
It is your responsibility to ensure the security of your machine and Virgin Media is not responsible to you in the event that a person gains unauthorised access. You are also responsible for the security (including authentication) of any Internet Protocol services used by you from home. It is also your responsibility to ensure that you keep your passwords secure. Virgin Media is not liable for any negative consequences, for instance lost or corrupted files, incurred by your failure to employ adequate security measures.
You are responsible for the protection of your PC from Worms, Trojans and Viruses. Virign Media strongly recommends that you use up-to-date anti-virus software to protect your PC.
Section 12: Use of Virtual Private Network (VPN)
As stated above, the Virgin Media Services are for residential use only and we do not support the use of VPN. If we find you are using VPN we may instruct you to stop using it and you must comply with this request. This is in order to prevent problems with our network and other Internet users.
Section 13: Networking
You may connect your computer using the cable modem to a Local Area Network (LAN) once the service is installed. However, Virgin Media will not install home LANs or provide any technical support regarding their use or configuration. Continued use of an item of networking software or hardware after Virgin Media has notified the User to cease using that item will be regarded as an unacceptable use of the Services. Where Virgin Media is being used to access another network, any abuse of the User Policy on that other network will be regarded as an unacceptable use of the Services. You must not provide access to the Services to third parties without the prior written agreement of Virgin Media, unless they have entered into a Virgin Media Resale agreement.
The residential broadband internet service is designed for connection to a single PC. If you connect more than one PC at any one time to the Broadband Service you agree that this shall be entirely at your own risk. Virgin Media will not support your PC‟s, the network used, or their configuration and technical support shall remain limited to your Internet connection only.
You must not connect more than three (3) PC‟s to the Broadband Services at any one time. You are permitted to use routers and the connection of a dedicated hardware router or firewall shall not be considered a PC for the purposes of this section.
In connecting to the Broadband Service, you must only use a PC you own or lease, and you must not attempt to connect your PC to the Broadband Services from outside your home. This includes the use of wireless or non-wireless networking technology to connect your PC or any other PC to your Broadband Services from outside your home or the connection of your PC to anyone else's Broadband Services.
Section 14: Hosting Policy
This section applies where we provide you with webspace as part of the Services or if you run a webserver on your own computer. If you are running a webserver on your own computer you are solely responsible for the security and setup for that server. You are also responsible for all traffic through your server even if you personally did not originate it. Where the website is held on our servers, you must keep your own back-up copies of any data and files. We do not keep back-up copies of your pages and will not be liable for any loss of your data or files.
You are responsible for the content of your website (including any content you link to) which must comply with this User Policy. You must obtain all necessary rights and clearances for the inclusion and publication of anyone else‟s work on your website. (See Section 5 for more information). You must ensure that no adult material is displayed or linked before a clear warning has been given and the user has had the opportunity to decline to view such material.
You may not run a web site where access is subject to a premium rate telephone charge or which redirects you to such a website.
We may remove or request the removal of any material or links from your website if we consider that you are in breach of this User Policy.
If your website generates abnormally high hit levels or generates abnormally high levels of network traffic, we may at our discretion move it and/or restrict access to it and you shall be liable for any additional charges arising from our action. This may include but is not limited to suspending your Internet access. If you are running the webserver from your own computer we may restrict or suspend your access to the internet until we receive a written (signed letter) reassurance from you that any breach of this User Policy has been rectified. On termination of your Internet account and/or Interactive Services for any reason, we may delete your website from our server immediately and without any liability to you.
You are solely responsible for the setup and security of all servers that you may run on your computer. You are also responsible for all traffic that may pass through your computer. Virgin Media cannot be held liable for any losses or damages that may occur as a result of a compromise of your server. Please note that your account may be subject to immediate suspension or disconnection without notice, if any security breaches do occur or any server causes any degradation in network performance. You should also note that running servers on your computer may cause your own connection to operate in a less than optimal manner.
All remote access (FTP; SSH; PC Anywhere etc) must be password protected & the address must not be publicly advertised.
For online gaming, if the game in question has a password/IP access restriction option this must be used. Your IP address must not be publicly advertised on Gaming sites etc.
You must ensure that you do not further the sending of Unsolicited Bulk Email by others. This applies to both material that originates on your system and also third party material that might pass through it. This includes but is not limited to a prohibition on running an “open mail relay”, i.e. a machine which accepts mail from unauthorized or unknown senders and forwards it onward to a destination outside of your machine or network. If your machine does relay mail, on an authorized basis, then it must record its passing through your system by means of an appropriate “Received” line.
You may run other servers but be aware that Virgin Media reserves the right to restrict access to them should they cause network problems or should we receive complaints.
We may, at our discretion, run manual or automatic systems to determine your compliance with our User Policy (e.g. scanning for “open mail relays”). You are deemed to have granted permission for this limited intrusion onto your network or machine.
Please be aware that Virgin Media does not offer any DNS services, e.g. Domain Name Redirection. The Service is based on dynamic IP addressing and you must not specify IP addresses (other than DNS servers) in the network settings for your internet connection.
Please note that should we receive any complaints about any server that you may be running that your Internet access may be suspended without notice pending further investigation.
Section 15: Gaming Consoles
Users may only connect XBox gaming consoles to the Virgin Media network using a designated Xbox compatible broadband access product.
Users may only connect PlayStation gaming consoles to the Virgin Media network using a designated PlayStation compatible broadband access product.
Section 16: Violations of User Policy
Virgin Media may, in its sole discretion, suspend or terminate a customer‟s service for any material violation of the User Policy at any time and without warning. As a general matter, however, Virgin Media attempts to work with users 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. In applying the User Policy, it is intended that common sense and responsible attitudes should be the guiding principles. If you breach the User Policy, you may receive a formal warning from Virgin Media specifying the unacceptable conduct and notifying you that repeated breaches may result the services being temporarily or permanently withdrawn, upgraded, downgraded, or fees imposed.
If, after you have received a formal warning from Virgin Media, your conduct continues to breach the User Policy, Virgin Media may take any and or all action described in this User Policy, including the termination, suspension or upgrading, or downgrading of the Services to you. If your access to the Services has been suspended, downgraded or upgraded, Virgin Media may continue to do so until such time as Virgin Media is satisfied that you have implemented appropriate steps to ensure that your use of Virgin Media systems, services or equipment will comply with the User Policy. Further breaches will be grounds for termination of your contract with Virgin Media.
Notwithstanding the above, Virgin Media may terminate your contract with Virgin Media without following the above procedures if you commit a breach of the User policy which in the reasonable opinion of Virgin Media is serious enough to merit immediate termination.
Section 17: Removal of Materials
Section 18: Communication from Virgin Media
Virgin Media may use e-mail to communicate with you from time to time. E-mails from Virgin Media will be sent to your primary Virgin Media e-mail address. We will consider the e-mail delivered at the same time that it is sent. Communication from Virgin Media via An Post will be considered delivered after a full 3 working days, i.e. mail sent on a Monday will be considered delivered on the following Friday. An Post Mail will be sent to the address registered on your Internet account.
Section 19: Contact Information
Section 20: Complaints and Enforcement
Complaints regarding abusive conduct will be accepted by email provided a valid return address is included. Virgin Media 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.