1. Introduction

  • This acceptable use policy (the “Policy”) sets out the rules governing:
    • the use of the Hosted Services, any successor Service, (the “Services”); and
    • the transmission, storage and processing of content by the Customer, or by any person on the Customer’s behalf, using the Services (“Content”).
  • By using the Services, the Customer agrees to the rules set out in this Policy.
  • The Provider will ask for the Customer’s express agreement to the terms of this Policy before the Customer uploads or submits any Content or otherwise uses the Services.
  • The Customer must be at least 18 years of age to use the Services; and by using the Services, the Customer warrants and represents to the Provider that the Customer is at least 18 years of age.

2. General usage rules

  • The Customer must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
  • The Customer must not use the Services:
    • in any way that is unlawful, illegal, fraudulent or harmful; or
    • in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • The Customer must ensure that all Content complies with the provisions of this Policy.

3. Unlawful Content

  • Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  • Content, and the use of Content by the Provider in any manner licensed or otherwise authorised by the Customer, must not:
    • be libellous or maliciously false;
    • be obscene or indecent;
    • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    • infringe any right of confidence, right of privacy or right under data protection legislation;
    • constitute negligent advice or contain any negligent statement;
    • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
    • be in contempt of any court, or in breach of any court order;
    • constitute a breach of racial or religious hatred or discrimination legislation;
    • be blasphemous;
    • constitute a breach of official secrets legislation; or
    • constitute a breach of any contractual obligation owed to any person.
  • The Customer must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

4. Graphic material

  • Content must be appropriate for all persons who have access to or are likely to access the Content in question.
  • Content must not depict violence in an explicit, graphic or gratuitous manner.
  • Content must not be pornographic or sexually explicit.

5. Factual accuracy

  • Content must not be untrue, false, inaccurate or misleading.
  • Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.

6. Negligent advice

  • Content containing or constituting any legal, financial, investment, taxation, accountancy, medical or other professional advice will be provided exclusively at the risk of the Customer and the Provider is indemnified against any such claim.
  • Content containing or constituting any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage will be provided exclusively at the risk of the Customer and the Provider is indemnified against any such claim.

7. Etiquette

  • Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
  • Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
  • Content must not be liable to cause annoyance, inconvenience or needless anxiety.
  • The Customer must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
  • The Customer must not use the Services for the purpose of deliberately upsetting or offending others.
  • The Customer must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
  • The Customer must ensure that Content does not duplicate other content available through the Services.
  • The Customer must ensure that Content is appropriately categorised.
  • The Customer should use appropriate and informative titles for all Content.
  • The Customer must at all times be courteous and polite to other users of the Services.

8. Marketing and spam

  • Content must not constitute or contain spam, and the Customer must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
  • The Customer must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that the Customer find using the Services.
  • The Customer must not use the Services to promote or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, “get rich quick” schemes or similar letters, schemes or programs.

9. Gambling

  • The Customer must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, or any gambling-related activity.

10. Monitoring

  • The Customer acknowledges that the Provider may actively monitor the Content and the use of the Services.

11. Data mining

  • The Customer must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

12. Hyperlinks

  • The Customer must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

13. Harmful software

  • The Content must not contain or consist of, and the Customer must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
  • The Content must not contain or consist of, and the Customer must not promote or distribute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.