CODE OF CONDUCT FOR INTERNET SERVICE PROVIDERS

1. Forward

Start since 1998, the Internet Users in our country have grown at phenomenal rate of more than 200 % per year, and this trend is likely to continue for many years to come. It is estimated that by Mar ‘03 there would be approximately 30 millions Internet Users in our Country and would reach a figure of 100 millions by 2008. The Internet has thus become an important infrastructure supporting an increasingly wide spread multi-disciplinary community of researchers, scholars, businessmen, professionals, students and even households. As is true of other common infrastructure (e.g. roads, water works, power generation /distribution etc), there is widespread dependence on the Internet by its users for the support of day-to-day activities. The reliable operation of the Internet and the responsible use of its resources are of common interest and concern of its Users, Operators, Sponsors, and Society at large. It is therefore important that the ‘Internet Service Providers’ understand their responsibility in this regard and follow healthy practices of self regulation. The ‘Code of Conduct’ set out in this document is the voluntary response of the Internet Service Provider Association of India (ISPAI) to the rightful requirements of our Society.

2. Preamble

2.1 This Code of Conduct is open to voluntary acceptance by all Members of Internet Service Providers Association of India (ISPAI).

2.2 Members of ISPAI agree that they will abide by this Code of Conduct in letter and spirit.

2.3 Members of ISPAI understand that compliance with this Code of Conduct does not necessarily imply that they are acting within the law. Any reference in the Code of Conduct to lawfulness or unlawfulness relates solely to Indian Legal Framework.

2.4 This Code of Conduct is issued by the Executive Council of ISPAI, which is the sole authority to amend it from time to time in accordance with Rules & Regulations of ISPAI.

3. Objective

3.1. The Aim of ISPAI Code of Conduct is to enunciate and maintain high standards of Ethical and Professional Practices in the field of Internet Services.

4. Principles

4.1 In seeking to achieve its objective, the ISPAI Code of Conduct is based on the following Principles:

  • Technology neutral ;

  • Fair to all concerned;

  • Protection of User’s Data;

  • Responsibility for contents on the Internet rests with the relevant Content Provider.

5. Obligatory Practices

5.1 Obligations to Law

5.1.1 ISPAI and its Members have a responsibility to adhere to law and co-operate with ‘Law Enforcement Agencies’ acting within specified Indian Legal Framework.

5.1.2 Members will not knowingly permit any User or fellow Member to engage in any illegal activity in terms of the provisions of Information Technology Act 2000, ISP Policy and any other such applicable legal framework.

5.1.3 Members will follow and adhere to all jurisdictional laws pertaining to transaction reporting.

5.1.4 Members, their Services and Promotional Material will not encourage anything patently, which is in any way unlawful.

5.2 Obligations to the Public

5.2.1 Members will deal fairly with the fellow professionals and public, giving due respect to the rights and legitimate interest of others.

5.2.2 Members will endeavor to support Public Service Initiatives in harmony with the jurisdictions in which they provides their Services.

5.2.3 Members will ensure that their Services and Promotional Material does not contain anything, which may incite violence, cruelty or hatred on the basis of sexual discrimination, cast, creed or religion.

5.2.3 Members shall ensure that minors are not registered by them for Internet Services except with the explicit permission of their parents/guardian.

5.3. Obligations to own Profession

5.3.1 Members will abide by all Terms & Conditions of License Agreement in letter and spirit For Provision of Internet Services.

5.3.2 Members shall be truthful in all promotional activities and publish such information which is devoid of inaccuracies, ambiguities, exaggerations or omissions about their operations, services and pricing to the Customers and Government / Private Agencies.

5.3.3 Members will institute controls to detect and eliminate fraud and protect their data and the systems from internal and external breaches.
5.3.4 Members will co-operate with each other in investigating and preventing the instances of Hacking. .

5.3.5 Members will institute adequate control measures to prevent the unauthorized access to the resources of Internet Services.

5.3.6 Members shall ensure that that they explicitly bring to the notice of their customers, all Terms and Conditions for provision of their Services, before such customers register with the Member for their Services.

5.4 Obligations to the Customers

5.4.1. Members have a responsibility to make this Code of Conduct clear to all their Clients as well as to their Channel Partners / Distributors and indicate to them that any breached of Code of Conduct and / or violation of law will result in cessation of services.

5.4.2 Members will design and operate their Services to afford Customer's privacy and confidentiality and will post their confidentiality practices and procedures appropriately.

5.4.3 Members will follow best industry practices in offering latest Customers Filtering Software and advise them regarding any software tools, which they can use to protect their confidential data and privacy.

5.4.4 Members will follow the best industry practices in using Anti -Spamming Software, such that Customers can elect to minimize the amount of Spam sent to their e-mail account.

5.4.5 Where Internet Services involve collection of personal information such as telephone No., credit card details and addresses etc from the customers, it would be obligatory for Members to clarify to them the purpose for which such an information will be used.

6. Complaints

6.1 Since this Code of Conduct is open to voluntary acceptance by all Members of ISPAI, the Executive Council considers it prudent not to institute any ‘Complaint Handling Procedure’ at the initial stage. However, this situation may be reviewed subsequently.