S.I. No. 323/1985 - Eirmail (Computer Messaging Service) Scheme, 1985.

S.I. No. 323 of 1985.

EIRMAIL (COMPUTER MESSAGING SERVICE) SCHEME, 1985.

Bord Telecom Éireann, in exercise of the powers conferred on it by Section 90 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), hereby makes the following Scheme:

1. This Scheme may be cited as the EIRMAIL (Computer Messaging Service) Scheme, 1985.

2. This Scheme shall come into operation on the 30th day of September 1985.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

4. Whether or not Subscribers to EIRMAIL are Subscribers to any other service operated by Bord Telecom Éireann, this Scheme shall apply in addition to the applicable provisions of the Telegraph Acts 1863 to date, of the Postal and Telecommunications Services Acts 1983 and 1984 and of the appropriate Schemes relating to telecommunications services in force from time to time under the said Acts as if they were Subscribers to such other services. In particular, the Schemes entitled Telephone Regulations 1980 ( S.I. No. 195 of 1980 ), and the EIRPAC (Irish National Packet Switched Data Network) Scheme, 1984 ( S.I. No. 311 of 1984 ), in each case as amended from time to time, shall be deemed applicable unless the Agreement for EIRMAIL Service otherwise requires or unless provision is made separately in this Scheme or in such Agreement for EIRMAIL Service.

5. In this Scheme and in relation to the charges for EIRMAIL Service, except and in so far as the contrary is provided or the context requires otherwise, the following expressions have the meaning respectively assigned to them:—

"EIRMAIL Computer" means switching and computer equipment and apparatus which forms part of the EIRMAIL Computer Messaging Service and is operated by or on behalf of Bord Telecom Éireann, in conjunction with Dialcom services networks and facilities outside the State operated by ITT Dialcom Incorporated or its licensees, for the purpose of storing and conveying messages or information in the form of data by means of telecommunications through the medium of such Dialcom systems and, where the context so requires, includes the building, vehicle or other external covering which houses such equipment and apparatus. "EIRMAIL Service" refers to the said EIRMAIL Computer Messaging Service and includes, where the context requires or admits, any service or facility comprised in it. "EIRMAIL" is the name assigned by Bord Telecom Éireann to the said EIRMAIL Computer Messaging Service and EIRMAIL Service made available under the provisions of this Scheme and, where the context so requires or admits, applies to apparatus, facilities or services pertaining to the said Service.

"Agreement for EIRMAIL Service" has the meaning assigned to it by paragraph 6 of this Scheme.

"EIRPAC" is the name assigned by Bord Telecom Éireann to the Irish National Packet Switched Data Network and, where the context so requires or admits, applies to apparatus, facilities or service pertaining to the said Network.

6. (1) Every subscriber to EIRMAIL shall be a subscriber to EIRPAC.

(2) Every applicant for EIRMAIL Service shall, before he is provided with such Service, be required to enter into an agreement with Bord Telecom Éireann for that purpose and such agreement shall be known as the Agreement for EIRMAIL Service.

(3) The Subscriber shall be responsible for obtaining at his own expense all necessary consents from the owners or operators of computers or terminals with which he wishes to communicate. Provision of service to a Subscriber does not give the Subscriber or any other person access by right to any computer or terminal (other than a facility to which he is entitled in the EIRMAIL Service to which access is available).

(4) The Subscriber shall nominate an individual (known as the System Administrator) to provide a point of contract with Bord Telecom Éireann.

7. The Charges fixed for EIRMAIL are in addition to any charges in respect of packet switching (including EIRPAC) and telephone Services, or any equipment or apparatus rented by the Subscriber from Bord Telecom Éireann for use directly or indirectly in connection with EIRMAIL.

8. (1) Bord Telecom Éireann may at its discretion and where appropriate:

( a ) allocate to the Subscriber, such code called a Network User Identity as Bord Telecom Éireann may think fit;

( b ) at the request of the Subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Subscriber, allocate to the Subscriber, for such minimum period as Bord Telecom Éireann may determine, either generally or in relation to a particular case, one or more additional Network User Identities, or withdraw from the Subscriber any additional Network User Identity so allocated. Any such request, if not made in writing, shall be confirmed in writing by the Subscriber or the person making the request (such confirmation to be received by Bord Telecom Éireann before the day upon which such allocation is requested to take effect).

(2) Bord Telecom Éireann may, at its discretion, alter any Network User Identity at any time.

(3) Bord Telecom Éireann may at its discretion from time to time, at the request of the Subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Subscriber, temporarily invalidate any Network User Identity allocated to the Subscriber. Any such request, if not made in writing, shall be confirmed in writing by the Subscriber or the person making the request, such confirmation to be received by Bord Telecom Éireann within seven days of the making of such request. The minimum usage charge for any Network User Identity shall continue to be payable in respect of any such period of invalidation.

9. (1) The Subscriber shall pay to Bord Telecom Éireann in respect of any call or attempted call originated from equipment and apparatus under his control call charges calculated, except where Bord Telecom Éireann otherwise determines or the Subscriber agrees otherwise with Bord Telecom Éireann, by reference to the total charges applicable to:

( a ) connect time, that is, the duration of the call determined and recorded by the EIRMAIL Computer;

and

( b ) filing, that is, the volume of data stored in the EIRMAIL Computer and measured in units (each capable of containing 2048 characters of data including non-alphanumeric characters and spaces) and the duration of such storage determined and recorded by the mailbox computer;

and

( c ) mail, that is, the volume of data passed through the EIRMAIL Computer and conveyed, or intended to be conveyed further, in whole or in part, through a Dialcom system (other than in the State, Northern Ireland, Great Britain, the Isle of Man and the Channel Islands) measured in units (each capable of containing 1024 or 2048 characters of data, including non-alphanumeric characters and spaces) determined and recorded by the EIRMAIL Computer and not by reference to the volume of data originated and received by the Subscriber's equipment and apparatus and (for the avoidance of doubt) such charge shall be in addition to those arising for connect time and filing.

(2) The charges applicable to connect time and filing referred to at ( a ) and ( b ) respectively, of sub-paragraph (1), above, are set forth respectively in Parts I and II of Schedule 1 of this Scheme, and the charges applicable to mail referred to at (c) of sub-paragraph (1), above, are set forth in Schedule 2 of this Scheme.

(3) The Subscriber shall pay quarterly in advance to Bord Telecom Éireann in respect of minimum usage charges for EIRMAIL the sums set forth in Schedule 3 of this Scheme. Subject to Section 96 of the Postal and Telecommunications Services Act 1983 , such minimum usage charges payable shall commence, unless otherwise decided by Bord Telecom Éireann, on the day when EIRMAIL Service is made available to the Subscriber.

(4) The Subscriber shall pay to Bord Telecom Éireann in respect of the connection charge the sum set forth in Schedule 4 of this Scheme.

(5) The Subscriber shall pay to Bord Telecom Éireann in respect of the facilities and services listed in Schedule 5 of this Scheme the charges set forth in the said Schedule.

(6) Except where otherwise provided in this Scheme, all charges payable shall be payable to Bord Telecom Éireann on demand at such intervals and on such dates (whether in advance or in arrear, or partly in advance and partly in arrear) as Bord Telecom Éireann may from time to time decide, either generally or in relation to a particular case.

(7) All charges payable by the Subscriber to Bord Telecom Éireann shall be paid as soon as an account thereof is rendered to the Subscriber.

(8) ( a ) Bord Telecom Éireann may from time to time increase or reduce the foregoing charges or any of them and, in the event of an increase, it shall give notice to the Subscriber, and no increase under this sub-paragraph shall take effect before the expiration of fourteen days beginning on the date of the notice relating thereto and required to be given under this subparagraph.

( b ) Notice for purposes of this sub-paragraph may be incorporated in or associated with any other communication from Bord Telecom Éireann to the Subscriber.

10. (1) Except with the written consent of Bord Telecom Éireann, service shall not be used by or on behalf of any person other than the Subscriber for whom the service is provided. The Subscriber shall observe any requirements or restrictions of which Bord Telecom Éireann may from time to time notify him in writing as to the use of service by or on behalf of another person.

(2) Except with the written consent of Bord Telecom Éireann, the Subscriber shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person other than the Subscriber of service provided on the application of the Subscriber. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or any other advantage or benefit of any kind or description.

11. The Subscriber

( a ) shall not use the service in any manner which, in the opinion of Bord Telecom Éireann, may adversely affect the use of EIRMAIL by other subscribers or the interests of the service as a whole;

( b ) shall not use the service for the transmission of any data which is grossly offensive or of an indecent, obscene or objectionable nature; and

( c ) shall comply with any directions given by Bord Telecom Éireann as to the manner of using EIRMAIL.

12. (1) Bord Telecom Éireann may, without prejudice to any other remedy available to it or to the generality of Section 96 of the Postal and Telecommunications Services Act 1983 , at its discretion suspend or interrupt the service or determine the Agreement for EIRMAIL Service where a Subscriber fails to comply with or contravenes this Scheme or any applicable provisions of the Telegraph Acts 1863 to date or of the Postal and Telecommunications Services Acts or of any of the other Schemes of Bord Telecom Éireann.

(2) Notwithstanding such suspension interruption or determination, Bord Telecom Éireann shall be entitled to recover from the Subscriber all charges due in accordance with the Agreement for EIRMAIL Service.

13. A Subscriber who fails to comply with any provision of this Scheme or of any of the enactments specified in paragraph 4 hereof shall continue to be liable for all charges due or to become due in respect of Service to which the Agreement applies.

Paragraph 9(1)(a) and (b)

SCHEDULE 1

Main Charges

Part I

Connect Time

Charges for duration of connection for any purpose to EIRMAIL. The charges apply per minute or part thereof in any one period of connection.

Standard Rate

(0800 to 1900 hours Monday to Friday inclusive) exclusing Public Holidays in England and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers.

Part II

Paragraph 9(1)(c)

SCHEDULE 2

Additional Charges

Charges for Mail

Charges apply per message (regardless of the number of copies) per destination.

Paragraph 9(3)

SCHEDULE 3

Paragraph 9(4)

SCHEDULE 4

Paragraph 9(5)

SCHEDULE 5

Miscellaneous Charges

Part I

Charges for use of the Info Database Management Facility:

PART II

Telex Facility

1. Charges for the generation of Outgoing Telex Messages through EIRMAIL:

2. Charge per Incoming Telex Message: 63p.

GIVEN under the Common Seal of Bord Telecom Éireann this 25th day

of September 1985.

J. JOYCE,

Company Secretary.

ELIZABETH HOLDEN,

Director.

ITA MEEHAN,

Director.

EXPLANATORY NOTE

The purpose of this Scheme is to provide for the establishment of a Computer Messaging (Mailbox) Service by Bord Telecom Éireann known as EIRMAIL and to provide for conditions and charges in respect of the use of this Service.