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Acceptable Use Policy

Background and definitions

1. The ‘My Keoghs’ area is the name given to the secure area of www.keoghs.co.uk
2. The ‘My Keoghs’ area is managed by Keoghs LLP.
3. The ‘My Keoghs’ area is maintained to support the function of Keoghs LLP and the provision of legal services by Keoghs LLP to its clients.
4. In managing the ‘My Keoghs’ area, Keoghs LLP may engage such suppliers, hosting agencies or contractors as Keoghs LLP deems fit. This includes the day-today management of this policy.
5. Save for those elements not requiring login access to view, the ‘My Keoghs’ area is not a public network/ database.
6. The connection of any authorised user to the ‘My Keoghs’ area is governed by the ‘My Keoghs’ Acceptable Use Policy herein (the “policy”).
7. The policy applies to any individual authorised to use the ‘My Keoghs’ area (an “authorised user”), who shall be either :
   - An employee of Keoghs LLP granted access to the ‘My Keoghs’ area in order to perform their contractual role & duties ; or
   - An employee of a Keoghs LLP client who has been granted access to the ‘My Keoghs’ area, and has nominated the said employee to utilise the ‘My Keoghs’ area in the performance of their role & duties within the client organisation. 
8. Each authorised user shall have permissions set upon being granted access to the ‘My Keoghs’ area which shall define the component areas of the ‘My Keoghs’ area that the authorised user shall be entitled to access and utilise. Those permissions shall be administered / managed on behalf of Keoghs LLP by an appointed Website Administrator who shall be an employee of Keoghs LLP.
9. Each authorised user shall be granted access only to those component areas of ‘My Keoghs’ area that their level of authorisation permits.
10. A register of all authorised users and each user’s access permissions shall be maintained by the Keoghs LLP Website Administrator.
11. It is the responsibility of each and every authorised user to ensure that they use the ‘My Keoghs’ area in an acceptable manner and in accordance with current legislation and the policy.
12. Any dispute over the interpretation or application of the policy will be resolved in accordance with the interpretation and application stated by Keoghs LLP.

Acceptable Use and Data Protection certification

1.  An authorised user may use the ‘My Keoghs’ area for the purposes of either fraud detection and prevention or accessing information regarding insurance law and associated litigation purposes only.
2. Upon accessing the ‘My Keoghs’ area each authorised user shall certify that they accept and adhere to the terms of the policy.
3. In confirming adherence to the policy the authorised user undertakes that for each and every access of the ‘My Keoghs’ area the authorised user certifies acceptance of this policy and that their use of the ‘My Keoghs’ area is done in compliance with Sections 29 and 35 Data Protection Act 1998 and is considered necessary for the prevention / detection of a criminal offence or in relation to current / anticipated court proceedings.
4. Subject to the following paragraphs, the ‘My Keoghs’ area may be used for any legal activity that is in furtherance of the detection and prevention of fraud and / or insurance litigation activities.

Unacceptable Use

1. The ‘My Keoghs’ area may not be used for any of the following purposes :
   - the creation or transmission (other than for properly supervised and lawful research purposes) of any offensive, obscene or indecent images, data or other material, or any data capable of being resolved into obscene or indecent images or material ;
   - the creation or transmission of material which is designed or likely to cause annoyance, inconvenience or needless anxiety ;
   - the creation or transmission of defamatory material ;
   - the transmission of material such that this infringes the copyright of another person ;
   - the transmission of unsolicited commercial or advertising material either to other authorised users ;
   - deliberate unauthorised access to facilities or services accessible via the ‘My Keoghs’ area;
   - corrupting or destroying any data held or retained upon or within the ‘My Keoghs’ area;
   - corrupting or destroying any other authorised users' data or data held within the ‘My Keoghs’ area;
   - violating the privacy of other authorised users ;
   - disrupting the work of any other authorised users ;
   - using the ‘My Keoghs’ area in a way that denies service to other authorised users ;
   - the action by any authorised user of releasing, passing on or divulging their individual ‘My Keoghs’ area password ;
   - other misuse of the ‘My Keoghs’ area, such as the introduction of "viruses" ;
2. Unauthorised dissemination by any authorised user of their unique ‘My Keoghs’ area password.

Security of the ‘My Keoghs’ area and ‘My Keoghs’ area passwords

1. It shall be the sole responsibility of each authorised user to preserve the security and integrity of their unique ‘My Keoghs’ area password.
2. Authorised users are not permitted to provide access to the ‘My Keoghs’ area to or for third parties without the prior approval of Keoghs LLP.
3. Unapproved release by an authorised user of their ‘My Keoghs’ area password will be automatically deemed to be unacceptable use of the 'My Keoghs' area.
4. The ‘My Keoghs’ area is to be utilised by authorised users solely for the purposes outlined above.
5. Any action that in the opinion of Keoghs LLP is deemed to be a breach of the policy shall automatically be deemed to be unacceptable use of the ‘My Keoghs’ area and shall result in the following penalty to the authorised user :
   - on the first breach, the authorised user will receive a formal warning from Keoghs LLP with regard to their future conduct and use of the ‘My Keoghs’ area;
   - on the second breach, the authorised user’s privileges with regard to use of the ‘My Keoghs’ area will be suspended for a period of 2 months or such other period as shall be imposed by Keoghs LLP;
6. In the event of a breach of the ‘My Keoghs’ area that is deemed by Keoghs LLP to be a fundamental breach that warrants immediate suspension of benefits, then Keoghs LLP may withdraw service from the authorised user as outlined below.

Compliance

1. It is the responsibility of the authorised user to take all reasonable steps to ensure compliance with the conditions set out in the policy document, and to ensure that unacceptable use of the ‘My Keoghs’ area does not occur.
2. Service may be withdrawn indefinitely from an authorised user in the event of any of the following circumstances :
   - upon any violation of the policy that in the absolute discretion of Keoghs LLP is deemed to warrant immediate suspension of service ;
   - upon violation of the policy by any authorised user after appropriate warnings have been given by Keoghs LLP to that User regarding their use of the ‘My Keoghs’ area;
   - upon any violation of the policy that causes serious degradation of the service to other users of the ‘My Keoghs’ area;
   - upon any incidence of unacceptable use as detailed above.
3. In the event of a withdrawal of service on any of the above grounds, Restoration of Service to the authorised user shall be made only when :
   - Keoghs LLP are satisfied that the appropriate steps have been taken by the authorised user involved to ensure acceptable behaviour in future ; and
   - In the event of suspension due to degradation of service, when the cause of the degradation of service to others has been removed.
4. In the event of a withdrawal of service on grounds that in the opinion of Keoghs LLP warrants termination of the contract in existence at the material time between Keoghs LLP and the client organisation with whom the authorised user is employed, then such termination shall be undertaken in accordance with the terms of the said contract.
5. Where any breach or violation of the policy is illegal or unlawful, or results in loss or damage to Keoghs LLP then the client organisation employing the authorised user acting in breach or violation of the policy shall provide an indemnity in accordance with the terms of the contract in existence at the material time between Keoghs LLP. Where the said contract is silent regarding indemnities, or where the authorised user is an employee of Keoghs LLP, then an indemnity shall be provided to Keoghs LLP in accordance with Appendix 1 below.
6. It is preferable for misuse to be prevented by a combination of responsible attitudes to the use of the ‘My Keoghs’ area resources on the part of authorised users and appropriate disciplinary measures taken by Keoghs LLP.

Disclaimer

Whilst Keoghs LLP takes every care to compile accurate information and to keep the ‘My Keoghs’ area up-to-date, Keoghs LLP makes no warranty as to the accuracy or applicability of any information held within the ‘My Keoghs’ area and cannot accept liability for any errors or omissions arising from the same, save as in accordance with any contract in place between a client and Keoghs LLP.

APPENDIX 1: Indemnity

1. In utilising any data or information extracted from the ‘My Keoghs’ area, the authorised user hereby irrevocably indemnifies and agrees to hold harmless each and all of the indemnified parties against:
   - any and all claims or actions, damages, expenses and legal costs on a full indemnity basis in connection with or arising from information supplied or circulated by the authorised user including, but not limited to, any such action, damages, expenses and legal costs in connection with or arising from any libel or slander ; and
   - any and all claims or actions, damages, expenses and legal costs on a full indemnity basis arising from a breach of duty or statutory duty by the authorised user including, but not limited to, any act or omission on the part of the authorised user ; and
   - any and all claims for compensation and legal costs on a full indemnity basis as a result of any contravention by the authorised user of the requirements of the Data Protection Act 1988 (as amended or re-enacted from time to time) including but not limited to any claim by an individual pursuant to Section 13 of that Act, who alleges to have suffered damage or distress.
2. The indemnified parties shall mean the partners of Keoghs LLP.
3. Words and expressions used in this indemnity and which have been defined in the policy shall bear those meanings. Where this indemnity is given by or on behalf of more than one person the liability of each person, and in the case of a partnership each partner, shall be joint and several.

Version 1 – 21.03.2011