Acceptable Use Policy
Content
1.Introduction
1.1 This Acceptable Use Policy governs how You may access and use the Services.
1.2 Defined terms in this Acceptable Use Policy shall have the meaning given in the Terms and Conditions and the same rules of interpretation apply. In addition, in this Acceptable Use Policy, the following definitions have the meanings given below:
AIT
means any situation where Communications:
(i) are sent, generated and/or simulated for the direct or indirect benefit of any entity (including a natural person) operation, or as a result of any activity by or on behalf of such entity; and
(ii) result in a pattern which is disproportionate to the overall amount and/or extent of Communications which would be expected from good faith usage or acceptable and reasonable commercial practice and shall include, without limitation:
(A) any situation where any member of the public (including partnerships, companies and corporations) is misled into sending or receiving Communications by such party;
(B) any breach of any applicable law or of any then current industry ruling, regulation, convention, policy guidance or statement of principle; or
(C) any activity which has the effect, intended effect or likely effect of preventing the billing system from capturing any necessary billing information or causing incorrect billing by the billing system.
Smishing
means smishing, phishing and vishing as are in common usage in the mobile telecommunications industry and where “Smishing” is used in this Acceptable Use Policy it shall have those common industry meanings
Terms of Service Conditions
means the latest version of the terms of service available via the platform; and
Virus
means any virus, disabling code (including code intended to limit or prevent any use any software or system) or other malicious software (including malware, trojan horses, ransomware and spyware).
2. Restrictions on use
2.1 You shall shall not use the Services nor permit them to be used (whether knowingly or otherwise):
(a) for any purpose which:
(i) is unlawful under any applicable law or regulation;
(ii) does not comply with any direction of the Office of Communications (Ofcom) or any other applicable regulatory body;
(iii) puts Us in breach of its agreements with any Network Operators; or
(iv) is prohibited by this Acceptable Use Policy or our Agreement;
(b) in any way which is contrary to restrictions imposed by Network Operators;
(c) to commit any act of fraud including (without limitation) AIT;
(d) to distribute any Virus;
(e) for purposes of promoting unsolicited advertising or sending spam;
(f) to simulate communications from Us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’) or any other form of Smishing;
(g) in any manner that disrupts the operations, business, equipment, websites or systems of Ours or any other person or entity (including any denial of service and similar attacks);
(h) in any manner that harms or may endanger minors or any other person;
(i) in connection with any service, use or purpose where the failure of the Services (or any part) may endanger the health or life of any person or cause damage or loss to any tangible property or the environment;
(j) to promote any unlawful activity;
(k) to gain unauthorised access to or use of any computers, data, systems, accounts or networks of any person;
(l) in any manner which may impair any other person’s use of the Services or use of any other services provided by Us to any other person;
(m) to attempt to circumvent any security controls or mechanisms;
(n) to attempt to circumvent any password or user authentication methods of any person;
(o) in any manner inconsistent with our Agreement or with any instructions provided by Us from time to time; or
(p) in any manner which infringes the Intellectual Property Rights of Us or any third party.
2.2 You shall not operate whether directly or through a third party, any device to route or re-route any Communication or the Service on, from or to the networks used by Us in providing the Services, including without limitation:
(a) any GSM gateway or boxes;
(b) any device used to forward or divert Communications with the intention of reducing any charges associated with that Communication; or
(c) any other form of low quality network routes, grey routes or any methods involving spoofing, to deliver “application to person” Communication traffic to the Network Operators used by Us in providing the Services.
2.3 You shall not directly or indirectly provide the Services to, or allow them to be used by, any third parties unless expressly permitted by Us. Any use of the Services by a third party shall be Your sole responsibility.
2.4 You shall immediately inform Us if You become aware of the Services being used in breach of any of the provisions set out in this Acceptable Use Policy or any other provision of our Agreement.
2.5 You shall at all times remain responsible for Your use of the Services, including use by third parties (whether knowingly or otherwise).
2.6 You must at all times treat Our employees and representatives with respect and courtesy and must not verbally abuse, harass, threaten or use threatening or upsetting language towards Our employees.
3. Your Data and Communication standards
3.1 Your Data and any Communication must conform to appropriate and lawful standards of accuracy, decency and lawfulness, which shall be applied in Our discretion, acting reasonably. In particular, You warrant and undertake that any of Your Data and each Communication shall at all times be:
(a) submitted lawfully and without infringement of any Intellectual Property Rights of any person;
(b) free of any Virus (at the point of entering Our systems);
(c) factually accurate;
(d) provided with the necessary consent of any third party;
(e) clear in relation to the pricing of accessing any services promoted;
(f) identified as a marketing communication if applicable;
(g) not defamatory or likely to give rise to an allegation of defamation;
(h) not likely to bring Us or a Network Operator into disrepute;
(i) not obscene, seditious, vulgar, pornographic, sexually explicit, discriminatory or deceptive;
(j) not abusive, threatening, offensive, harassing or invasive of privacy;
(k) not racist, sexist or xenophobic;
(l) not liable to offend religious sentiments or deeply held beliefs; and
(m) unlikely to cause offence, embarrassment or annoyance to any person.
3.2 You shall remain responsible for the content of any of Your Data and any Communication and We will be under no obligation to monitor, or be in any way liable for, such content.
3.3 You shall ensure that any Communication containing direct marketing is sent in accordance with applicable laws, including the requirement to obtain express consent, notifying the receiver of their option to opt-out and the times during which Communications can be sent.
3.4 You shall ensure that any Sender IDs used when sending Communications are not generic, identify You and comply with any guidance issued by Us.