ABUSE POLICY
ABUSE POLICY BIT B.V. - VERSION 2013-07-04
Through this document BIT B.V (hereinafter BIT) wants to point out the consequences of violating the Acceptable Use Policy (AUP) to clients and users of BIT's services (hereinafter user[s]). This document also describes how internet users can report a breach of the AUP at BIT. This document is also available as a pdf file.
For reports of AUP violations regarding unlawful and/or illegal content on the internet, BIT uses a separate Notice and Take Down (NTD) procedure, as described below. Below that, the procedure applicable to other types of AUP violations is stipulated.
Notice and Take Down
BIT uses a specific Notice and Take Down (NTD) procedure for reporting violations of the Acceptable Use Policy regarding unlawful and/or illegal content on the internet. This procedure is based on, and thus endorses, the 2008 NTD code of conduct. We distinguish between reports by companies and individuals on the one hand, and actions, interventions and request from/by (government) authorities on the other. We use the NTD procedure described here to handle reports. In case of actions and requests of authorities, we act solely on the basis of a strong, legal underpinning such as a judgment or order.
Submitting reports
o The detector should first contact the content provider to come to an agreement.
o A report to BIT must contain the following information for it to be taken into consideration:
- indication that the report concerns an NTD request, detectors contact information
- description of the failed attempt to come to an agreement with the content provider
- the data BIT needs to assess the content, including at least the location of the illegal and/or criminal content (URL)
- a description of why the content is illegal and/or criminal according to the detector
- an explanation as to why BIT is approached as the most suitable agent to act
- an explicit indemnity against claims by the content provider as a result of taking measures for dealing with the report
- the report should be mailed to abuse@bit.nl
- the detector is responsible for a correct and complete notification
Handling reports
After BIT has received the NTD report, BIT will respond substantively within to working days of the notification and indicate which of the following options applies. BIT may decide to ask a third party to evaluate the content of the report in cases that exposure to the content is suspected to be harmful to BIT or the assessing employee. The personal data of the detector and content provider will not be provided to the third party in these cases. When providing information to the detector and/or content provider, the personal data of the detector or content provider will not be shared without permission. If either BIT or the third party finds that the report is:
• unmistakably illegal and/or undoubtedly punishable and BIT knows that an investigation is important for the content to be accessible, BIT will not proceed to make the content inaccessible. BIT will inform the detector of this.
• unmistakably illegal and/or undoubtedly punishable and there is an emergency that warrants no further delay, BIT will immediately proceed to disabling the access to the content when proportionally possible. BIT will inform the content provider and detector of this.
• unmistakably illegal and/or undoubtedly punishable, BIT will inform the content provider about the report and request to have the content made inaccessible within two working days. BIT will inform the detector of this. If the content provider:
o has made the content inaccessible within two working days, BIT will inform the detector of this.
o has not made the content inaccessible within two working days and informs BIT of an investigation requiring the content to remain accessible, BIT will not proceed to make the content inaccessible. BIT will inform the detector of this.
o has not made the content inaccessible within two working days, BIT will do that when proportionally possible. BIT will inform the content provider and detector of this.
• not unmistakably illegal and/or undoubtedly punishable, BIT will inform the content provider of the report. BIT will inform the detector of this.
Other Abuse
Violations of the AUP other than unlawful and/or illegal content on the internet is subject to the following procedure.
Abuse with complaint
Submitting abuse complaints
A complaint is expected to contain the following information to be taken into consideration by BIT:
• an indication that the report is an abuse complaint
• the contact information of the detector
• a description of the abuse
• the data BIT requires to confirm the abuse, such as IP addresses, logs, etcetera
The abuse complaint should me emailed to abuse@bit.nl
Handling complaints
After BIT has received the abuse complaint, BIT will respond substantively within two working days. BIT gives as much cooperation as possible from the complaining party to be able to investigate the complaint as best as possible. No confidential information will be provided. If a complaint proves to be justified, BIT may decide to suspend a service to the causing party, until consultations between the affected user and a BIT employee have been concluded. In case this consultation does not result in a satisfactory solution for BIT, BIT may decide to discontinue the service to the user and terminate the contract with immediate effect.
Abuse without complaint
When BIT registers conducts in conflict with the AUP, BIT may decide to suspend a service to the causing party, until consultations between the affected user and a BIT employee have been concluded. In case this consultation does not result in a satisfactory solution for BIT, BIT may decide to discontinue the service to the user and terminate the contract with immediate effect.
Revision
BIT reserves the right to revise this Abuse Policy unilaterally in accordance with social and technological developments.