EXCELL GROUP LTD AND ITS SUBSIDIARIES
This policy applies to internet protocol (IP) addresses (version 4 or version 6) allocated by Excell (being any of Excell Group Ltd and its subsidiaries as defined in section 1159 of the Companies Act 2006) to its customers which are Provider Aggregatable (“PA”) IP addresses. Certain parts of this policy are relevant to circumstances where a customer utilises services provided by Excell in respect of its own Provider Independent (“PI”) IP addresses.
PA IP Addresses
All Provider Aggregatable IP addresses assigned to customers by Excell remain the sole and permanent property of Excell and are to be used exclusively on equipment provided or hosted by Excell and/or in respect of services provided by Excell and/or connections to the network of Excell. The customer acknowledges that it has no rights of ownership to all such IP addresses.
In the event that the customer is in breach of any agreement with a member of the Excell group of companies or that customer’s service has been suspended, any IP addresses allocated to it by Excell may be invalidated until such breach has been remedied to the satisfaction of Excell and the customer’s service has been restored. Excell cannot guarantee that identical IP addresses will be reallocated to the customer in such circumstances.
If a customer cancels its services or its agreement with Excell terminates for any other reason the customer acknowledges that it may not retain the IP addresses previously used during its relationship with Excell and the customer acknowledges that Excell may reclaim and reissue these IP addresses to other customers in the future.
Customers who assign or reallocate IP addresses to their own clients or customers remain responsible for the terms and conditions set out in this policy, including but not limited to, ensuring that such customers or clients maintain accurate records and that Excell may be able to access such records at its reasonable convenience.
IP addresses are allocated by Excell on the basis of the customer’s immediate utilisation rates. Excell reserves the right to invalidate the allocation of IP addresses which are not utilised by the customer within the first three months of such allocation. Excell also reserves the right to reduce the IP addresses allocated to a customer if such allocation is, in the reasonable opinion of Excell, underutilised or ineffectively used by the customer or the customer’s use is not in compliance with the rules and guidance of RIPE NCC.
All allocations of IP addresses by Excell are subject to audit and verification by any reasonable means deemed appropriate by Excell. If any allocation of IP addresses is found to have been on false information, Excell may invalidate the allocation.
An agreement for services between the customer and Excell does not ensure allocation of any specific allotment of IP addresses by Excell to the customer.
Any customer making use of IP addresses allocated to it by Excell and who subsequently receives its own assignment of IP addresses on an equivalent or larger allotment from RIPE NCC (or any other local internet registry) or in any other manner may be required by Excell to release all of the IP addresses allocated to it by Excell and renumber from its subsequently acquired IP addresses as reasonably directed by Excell.
A customer may not advertise IP addresses using any routing protocol on any publicly accessable networks.
Where an existing customer of Excell undergoes a change of control (as defined by section 416 Income and Corporation Taxes Act 1988) or acquires control of another entity or otherwise merges or creates a joint relationship with such other entity, it will be in Excell’s sole discretion, with regard to utilisation, need and other factors discussed in this policy whether to invalidate any IP addresses and how many such IP addresses are to be invalidated.
PI IP Addresses
Customers may provide their own Provider Independent IP addresses (subject only to certain technical limitations and verification of ownership that will be assessed by Excell at the time of request for services). All IP prefixes owned by customers must be specified on a letter of authority presented to Excell and once approved, Excell shall be authorised to publish the customer’s IP addresses on the customer’s behalf. All PI IP addresses will remain the property of the customer at all times and save as authorised Excell shall have no rights whatsoever in respect of those IP addresses.
At the customer’s reasonable request in writing or should the customer cancel its services with Excell, Excell will cease to announce and route those IP addresses. While Excell will make all reasonable efforts to ensure that the customer’s PI IP addresses are accepted and routed by all upstream ISPs, Excell cannot guarantee global reachability for customer-owned IP addresses.
Excell will assist the customer in completing any required RIPE NCC or other local Internet registry template although the customer will be responsible for forwarding any such template to the appropriate registry and the customer may be required to provide additional supporting information to the registry.
It is a reasonable expectation of Excell that all PI IP addresses and IP prefixes provided by customers are valid and by notifying Excell of all such PI IP addresses and IP prefixes for the provision of services by Excell the customer warrants that all such addresses and prefixes are valid and owned by or validly allocated to the customer. It is a customer’s responsibility to ensure that it is properly authorised to use all IP addresses supplied via other providers.
Provisions relating to all types of IP address, both Provider Aggregatable and Provider Independent
All customer IP address requests or requests for services using customer-owned IP addresses are subject to review and verification by Excell.
The customer acknowledges that this IP address assignment and usage policy shall apply to all contractual relationships which the customer has with any member of the Excell group of companies for the provision of services.
The Excell Group Ltd
Excell Network Solutions Limited
Excell Business Systems Limited
24 February 2012