Use of the Service. 6.1 You are solely responsible with respect to the accuracy, reliability, availability and performance of resources and / or content accessed through the internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, in any event, beyond Service Provider control. 6.2 You will comply with (and ensure that all users of the service provided to you comply with): 6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities; 6.2.2 Any codes of practice relevant to use of service; 6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service; 6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx; and 6.2.5 Any reasonable instructions that We may give from time to time. 6.3 You shall not use, nor allow any other(s) to use, the service to: 6.3.1 send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing, or in breach of copyright, confidence, privacy or any other rights; 6.3.2 violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person; 6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority; 6.3.4 obtain unauthorised access to any information, network or telecommunications system(s); 6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems; 6.3.6 place any viruses or other similar computer programs onto the service or the internet; 6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s); 6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or 6.3.9 to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. You agree to take all reasonable steps to make sure that this does not happen. 6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice. 6.5 In all circumstances, you will indemnify us against any claims, actions or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party because the service has been used or is being used in breach of clauses 6.1 to 6.4.
Appears in 6 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Use of the Service. 6.1 11.1 You are solely responsible with respect must take all reasonable precautions to the accuracy, reliability, availability and performance of resources and / or content accessed through the internet ensure that no one (including but not limited to, any and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, in any event, beyond Service Provider control.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumersyou) and mandatory instructions or guidelines issued by regulatory authorities;
6.2.2 Any codes of practice relevant to use of service;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of uses the service;:
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx(a) fraudulently or in connection with a criminal offence; and
6.2.5 Any reasonable instructions that We may give from time to time.
6.3 You shall not use, nor allow any other(s(b) to use, the service to:
6.3.1 send, knowingly receive, upload, download download, or distribute use any material that which is unsolicited, defamatory, offensive, abusive, obsceneindecent, pornographic defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of; (c) to cause annoyance, or cause unwarranted inconvenience or needless inconvenience, annoyance or anxiety to, any other person;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems;
6.3.6 place any viruses or other similar computer programs onto the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purposeanxiety; or
6.3.9 (d) to spam or to send or provide unsolicited advertising or promotional material or or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. You agree to take all reasonable steps to make sure that this does not happen.
6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service ; (e) in any way that is which in our opinion is, or is likely to be be, detrimental to the provision of the service to you or any other of our customers then you will customers; (f) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights; or (g) in a way that does not comply with any instructions that we have given you; The action we can take such corrective if the service is used in any of these ways is explained in paragraphs 16 and immediate action as 17.
11.2 We may requiremake available to you software that enables you to use the service. IfYou must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in our reasonable opinionthe service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you fail to take such corrective action within a period of 3 (three) days of our demandmust not re-sell, We shall be entitled to suspend transfer, assign or sub- license the service without notice(or any part of it) or the associated software to anyone else.
6.5 In all circumstances11.4 If during a Broadband service outage you are using the unmetered Broadband backup dialler, you will indemnify us against any claimsshould be aware that these services are not intended to be "always on" services. Accordingly, actions we can suspend or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party because terminate your access to the service has been used as explained in paragraphs 16 and 17 if we think that: (i) your internet connection is online for 12 hours or is being used more in breach of clauses 6.1 to 6.4.a 24 hour period; or
Appears in 2 contracts
Samples: Terms and Conditions for Business Broadband Products, Terms and Conditions for Business Broadband Products
Use of the Service. 6.1 You are solely responsible with respect 9.1 For the avoidance of doubt, the Customer shall be entitled to use the Services for the purposes of fulfilling its own contractual obligations to End Users.
9.2 The Service must not be used in a way that does not comply with:
(a) the terms of any Legislation or any licence applicable to the accuracy, reliability, availability and performance of resources and / Customer or content accessed through the internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, that is in any event, beyond Service Provider control.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authoritiesway unlawful;
6.2.2 Any codes of practice relevant to use of service(b) any instructions given by KCOM under clauses 4.5(d); or
(c) the Internet Standards;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service;9.3 The Service must not be used:
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give from time to time.
6.3 You shall not use, nor allow any other(s(a) to use, the service to:
6.3.1 send, knowingly receive, upload, download download, use or distribute re-use any information or material that which is unsolicited, defamatory, offensive, abusive, indecent, defamatory, obscene, pornographic menacing or menacing, intended to cause distress or is in breach of confidence, copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of(b) to cause annoyance, or cause unwarranted inconvenience or needless inconvenience, annoyance or anxiety to, any other personanxiety;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems;
6.3.6 place any viruses or other similar computer programs onto the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 to spam or (c) to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided using the Service by any third party; or
(d) in any way which in KCOM’s reasonable opinion is, or is likely to be, detrimental to the provision of the Service to the Customer or any other customer.
9.4 The Customer must not use a Domain Name or URL which infringes the rights of any person in a corresponding trade mark or name or may give rise to a tortious action for Passing Off.
9.5 For the avoidance of doubt, the Customer will be responsible for ensuring that its End Users do not use the Service in a way that breaches clauses 9.2, 9.3 or 9.4. You agree In particular, the Customer will ensure that its End Users comply with the terms of an acceptable use policy that places restrictions on their use of the Service that are (materially) no less comprehensive than those set out in the KCOM Acceptable Use Policy.
9.6 KCOM will be entitled to treat any breach of clauses 9.2, 9.3 or 9.4 as a material breach of this Agreement which cannot be remedied for the purposes of clause 13.
9.7 KCOM will be entitled to take all reasonable steps to make sure that this does not happenprotect the operation of the KCOM Network. KCOM may suspend the Services where reasonably necessary to protect the operation of the KCOM Network.
6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In all circumstances, you will 9.8 The Customer must fully indemnify us KCOM against any claims, actions claims or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us KCOM by a third party because the service has been used or Service is being used in breach of clauses 6.1 the provisions of this clause 9. KCOM will notify the Customer of any such claims or proceedings and keep the Customer informed as to 6.4the progress of such claims or proceedings.
Appears in 1 contract
Use of the Service. 6.1 You are solely responsible with respect 9.1 For the avoidance of doubt, the Customer shall be entitled to use the Services for the purposes of fulfilling its own contractual obligations to End Users.
9.2 The Service must not be used in a way that does not comply with:
(a) the terms of any Legislation or any licence applicable to the accuracy, reliability, availability and performance of resources and / Customer or content accessed through the internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, that is in any event, beyond Service Provider control.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authoritiesway unlawful;
6.2.2 Any codes of practice relevant to use of service(b) any instructions given by KCOM under clauses 4.5(d); or
(c) the Internet Standards;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service;9.3 The Service must not be used:
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give from time to time.
6.3 You shall not use, nor allow any other(s(a) to use, the service to:
6.3.1 send, knowingly receive, upload, download download, use or distribute re-use any information or material that which is unsolicited, defamatory, offensive, abusive, indecent, defamatory, obscene, pornographic menacing or menacing, intended to cause distress or is in breach of confidence, copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of(b) to cause annoyance, or cause unwarranted inconvenience or needless inconvenience, annoyance or anxiety to, any other personanxiety;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems;
6.3.6 place any viruses or other similar computer programs onto the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 to spam or (c) to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided using the Service by any third party; or
(d) in any way which in KCOM’s reasonable opinion is, or is likely to be, detrimental to the provision of the Service to the Customer or any other customer.
9.4 The Customer must not use a Domain Name or URL which infringes the rights of any person in a corresponding trade xxxx or name or may give rise to a tortious action for Passing Off.
9.5 For the avoidance of doubt, the Customer will be responsible for ensuring that its End Users do not use the Service in a way that breaches clauses 9.2, 9.3 or 9.4. You agree In particular, the Customer will ensure that its End Users comply with the terms of an acceptable use policy that places restrictions on their use of the Service that are (materially) no less comprehensive than those set out in the KCOM Acceptable Use Policy.
9.6 KCOM will be entitled to treat any breach of clauses 9.2, 9.3 or 9.4 as a material breach of this Agreement which cannot be remedied for the purposes of clause 13.
9.7 KCOM will be entitled to take all reasonable steps to make sure that this does not happenprotect the operation of the KCOM Network. KCOM may suspend the Services where reasonably necessary to protect the operation of the KCOM Network.
6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In all circumstances, you will 9.8 The Customer must fully indemnify us KCOM against any claims, actions claims or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us KCOM by a third party because the service has been used or Service is being used in breach of clauses 6.1 the provisions of this clause 9. KCOM will notify the Customer of any such claims or proceedings and keep the Customer informed as to 6.4the progress of such claims or proceedings.
Appears in 1 contract
Use of the Service. 6.1 You are solely responsible with respect to the accuracy, reliability, availability and performance of resources and / or content accessed through the internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, in any event, beyond Service Provider control.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities;
6.2.2 Any codes of practice relevant to use of service;
6.2.3 Any internet standards that are accepted and adopted by the bythe internet industry where failure to comply with such standards would adversely affect the provision of the service;
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give from time to time.
6.3 You shall not use, nor allow any other(s) to use, the service to:
6.3.1 send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing, or in breach of copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems;
6.3.6 place any viruses or other similar computer programs onto the service or the orthe internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. You agree to take all reasonable steps to make sure that this does not happen.
6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In all circumstances, you will indemnify us against any claims, actions or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party because the service has been used or is being used in breach of clauses 6.1 to 6.4.
Appears in 1 contract
Samples: Master Services Agreement
Use of the Service. 6.1 You are solely responsible with respect 0.0. Xxx agree that you shall not use or attempt to use the Service, nor assist or attempt to assist another person or user in using the Service, directly or indirectly, in a manner that:
(i) is threatening, abusive, intimidating, harassing, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, pornographic, obscene, or indecent;
(ii) infringes upon or violates a company’s or person’s rights regarding privacy, property, confidentiality, publicity, or intellectual property including but not limited to trade secrets, trademarks, copyrights, and patents;
(iii) allows another person to use the Service under your account;
(d) imitates another person or company, including but not limited to the accuracyemployees of ET and its customers;
(iv) collects or harvests any personally identifiable information from the Service including, reliabilitywithout limitation, availability User names, passwords, email addresses, or credit card information;
(v) circumvents, disables or otherwise interferes with security-related features of the Service including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service;
(vi) decrypts any encrypted communications;
(vii) accesses the Service or any internet or intranet locations in an unauthorized, esoteric, hidden, or non standard manner;
(viii) monitors or records any aspect of the Service, including but not limited to network traffic, usage, and performance account information such as name, address, and credit card information or otherwise uses network monitoring software to determine architecture of resources and / or content accessed through extract usage data from the internet Service;
(ix) violates any applicable law, including but not limited to laws relating to obscenity, censorship, pornography, intellectual property, theft, identity theft, fraud, export control, spam, harassment, stalking, gambling, data protection laws (including but not limited to, any to EU General Data Protection Regulation as amended and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, in any event, beyond Service Provider control.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities;
6.2.2 Any codes of practice relevant to use of service;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service;
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give supplemented from time to time.
6.3 You shall not use, nor allow any other(s) to use, the service to:
6.3.1 send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing, or in breach of copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise (x) attempts to interfere with the security proper working of the Service or integrity of impair, overburden, or disable the same;
(xi) resells, licenses, or distributes the Services, for profit or otherwise;
(xii) removes, alters, covers, or distorts any network copyright, trademark, or telecommunications system(s)other proprietary rights notice on the Service;
(xiii) uses an automatic device such as a robot or spider or manual process to copy or ‘scrape’ the Service for any purpose without our prior written approval;
(xiv) transmits, including without limitation inserts, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
(xv) forges any TCP/IP packet header or part of our network the header information in any email or telecommunications systemsnewsgroup posting for any reason;
6.3.6 place (xvi) decompiles, reverse engineers, or disassembles any viruses or other similar computer programs onto portion of the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. You agree to take all reasonable steps to make sure that this does not happenServices.
6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In all circumstances, you will indemnify us against any claims, actions or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party because the service has been used or is being used in breach of clauses 6.1 to 6.4.
Appears in 1 contract
Samples: Terms and Conditions
Use of the Service. 6.1 You are solely responsible with respect to the accuracy, reliability, availability and performance of resources and / or content accessed through the internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, in any event, beyond Service Provider Nomis control.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities;
6.2.2 Any codes of practice relevant to use of service;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service;
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xxxxx.xxxxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give from time to time.
6.3 You shall not use, nor allow any other(s) to use, the service to:
6.3.1 send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing, or in breach of copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems;
6.3.6 place any viruses or other similar computer programs onto the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. You agree to take all reasonable steps to make sure that this does not happen.
6.4 Service Provider Nomis shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In all circumstances, you will indemnify us against any claims, actions or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party because the service has been used or is being used in breach of clauses 6.1 to 6.4.
Appears in 1 contract
Samples: Master Services Agreement
Use of the Service. 6.1 You are 11.1 The Service is provided solely responsible with respect for the Customer’s own use (including use by Authorised Users) and the Customer will not resell or attempt to resell the Service (or any part or facility of it) to any third party unless otherwise expressly agreed by the Parties.
11.2 The Customer shall only access the Service through the Software or otherwise as permitted by AHC networks and shall not attempt at any time to circumvent Service security or to gain access to the accuracy, reliability, availability and performance of resources and / source software or content accessed through compiled code.
11.3 The Service must not be used for any purpose that:
11.3.1 does not comply with the internet (including but not limited to, any and all financial and other transactions terms of any kind entered into by you legislation or any user licence applicable to the Customer or AHC networks; or
11.3.2 does not comply with any instructions given by AHC networks or other public telecommunications operator, government, governmental or other regulatory or other competent authority in any country where the Service is provided; or
11.3.3 would put AHC networks in breach of the terms of any agreement between AHC networks and any backbone service with provider; or
11.3.4 constitutes a violation or infringement of the rights of any person, firm or company (including, without limitation, rights of copyright or confidentiality) or a violation or infringement of any statutory duty or obligation or any duty or obligation in contract, tort or otherwise, to any third party); or
11.3.5 constitutes a use of the Service which is illegal, improper, unlawful, or harassing or which in all cases you accept are at your own risk andotherwise constitutes network abuse, in and the Customer shall be responsible for any event, beyond Service Provider controlsuch misuse of the Service.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but 11.4 The Service must not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities;
6.2.2 Any codes of practice relevant to use of service;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service;
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give from time to time.
6.3 You shall not use, nor allow any other(s) to use, the service tobe used:
6.3.1 11.4.1 to send, knowingly receive, upload, download download, use or distribute re-use any Customer Information, Third Party Information or other information or material that which is unsolicitedillegal, defamatoryfraudulent, offensive, abusive, obsceneindecent, pornographic defamatory, obscene or menacing, or in breach of confidence, copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems;
6.3.6 place any viruses or other similar computer programs onto the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 11.4.2 to spam cause annoyance, inconvenience or needless anxiety; or
11.4.3 to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided using the Service, where applicable, by any third party that are in any way connected with the transmission of "junk mail" "spam", "chain letters", "pyramid schemes" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices; or
11.4.4 other than in accordance with the AUP and the acceptable usage policies of any connected networks and the Internet Standards
11.4.5 in a manner that would jeopardise the operation of the Network.
11.5 AHC networks’ performance obligations under this Agreement shall be solely to the Customer, and not to any third party. You agree to take all reasonable steps to make sure that this does not happen.
6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental Accordingly, to the provision extent not prohibited by law, and without prejudice to the general indemnity pursuant to the provisions of service clause 26.1 the Customer agrees to you or any other of our customers then you will take such corrective indemnify, defend, and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In hold AHC networks harmless against and from all circumstances, you will indemnify us against any claims, actions or legal proceedings liabilities and costs (including reasonable related costs legal fees) arising from any and expensesall claims by any such third party in connection with the Services regardless of the form of action, legal whether in contract, tort (including AHC’s active or otherwise) passive negligence), warranty, or strict liability arising from the provisions of the Service which are brought or threatened against us AHC networks by a third party because party, including, inter alia, because:
11.5.1 the service has been used or Service is being used in breach of clauses 6.1 the provisions of this clause 11 and/or
11.5.2 the Service is faulty, and/or cannot be used by that third party.
11.6 The Customer shall notify AHC networks of any such claims or proceedings and keep AHC networks informed as to 6.4the progress of such claims or proceedings.
11.7 The Customer must not gain or attempt to gain unauthorised access to any computer systems for any purpose, including accessing the Internet. As well as being in breach of your contract for the particular service, such hacking or attempted hacking is a criminal offence. You must not run Port Scanning software which accesses remote machines or networks, except with the explicit prior permission of the administrator or owner of such remote machines or networks. "Port Scanning is an activity, which by using a particular type of software gives the user the ability to scan the computer system of another Internet user. The purpose of which can be (but is not limited to), obtaining passwords and usernames, remotely controlling that computer or destroying data on that computer. "This includes using applications capable of scanning the ports of other Internet users. If you intend to run a port scanning application, you must provide AHC networks with a copy of the written consent received from the target of the scan authorising the activity. This must be supplied to AHC networks prior to the application being run.
Appears in 1 contract
Samples: Acceptable Usage Policy
Use of the Service. 6.1 4.1 You are solely responsible with respect agree that you shall not use or attempt to use the Service, nor assist or attempt to assist another person or user in using the Service, directly or indirectly, in a manner that:
(i) is threatening, abusive, intimidating, harassing, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, pornographic, obscene, or indecent;
(ii) infringes upon or violates a company’s or person’s rights regarding privacy, property, confidentiality, publicity, or intellectual property including but not limited to trade secrets, trademarks, copyrights, and patents;
(iii) allows another person to use the Service under your account;
(d) imitates another person or company, including but not limited to the accuracyemployees of ET and its customers;
(iv) collects or harvests any personally identifiable information from the Service including, reliabilitywithout limitation, availability User names, passwords, email addresses, or credit card information;
(v) circumvents, disables or otherwise interferes with security-related features of the Service including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service;
(vi) decrypts any encrypted communications;
(vii) accesses the Service or any internet or intranet locations in an unauthorized, esoteric, hidden, or non- standard manner;
(viii) monitors or records any aspect of the Service, including but not limited to network traffic, usage, and performance account information such as name, address, and credit card information or otherwise uses network- monitoring software to determine architecture of resources and / or content accessed through extract usage data from the internet Service;
(ix) violates any applicable law, including but not limited to laws relating to obscenity, censorship, pornography, intellectual property, theft, identity theft, fraud, export control, spam, harassment, stalking, gambling, data protection laws (including but not limited to, any to EU General Data Protection Regulation as amended and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, in any event, beyond Service Provider control.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities;
6.2.2 Any codes of practice relevant to use of service;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service;
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give supplemented from time to time.
6.3 You shall not use, nor allow any other(s) to use, the service to:
6.3.1 send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing, or in breach of copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise (x) attempts to interfere with the security proper working of the Service or integrity of impair, overburden, or disable the same;
(xi) resells, licenses, or distributes the Services, for profit or otherwise;
(xii) removes, alters, covers, or distorts any network copyright, trademark, or telecommunications system(s)other proprietary rights notice on the Service;
(xiii) uses an automatic device such as a robot or spider or manual process to copy or ‘scrape’ the Service for any purpose without our prior written approval;
(xiv) transmits, including without limitation inserts, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
(xv) forges any TCP/IP packet header or part of our network the header information in any email or telecommunications systemsnewsgroup posting for any reason;
6.3.6 place (xvi) decompiles, reverse engineers, or disassembles any viruses or other similar computer programs onto portion of the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. You agree to take all reasonable steps to make sure that this does not happenServices.
6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In all circumstances, you will indemnify us against any claims, actions or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party because the service has been used or is being used in breach of clauses 6.1 to 6.4.
Appears in 1 contract
Samples: End User Terms and Conditions
Use of the Service. 6.1 You are solely responsible with respect to the accuracy, reliability, availability and performance of resources and / or content accessed through the internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, in any event, beyond Service Provider Keytech Networks Ltd control.
6.2 You will comply with (and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities;
6.2.2 Any codes of practice relevant to use of service;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service;
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xxKeytech Networks Xxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give from time to time.
6.3 You shall not use, nor allow any other(s) to use, the service to:
6.3.1 send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing, or in breach of copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems;
6.3.6 place any viruses or other similar computer programs onto the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. You agree to take all reasonable steps to make sure that this does not happen.
6.4 Service Provider Keytech Networks Ltd shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In all circumstances, you will indemnify us against any claims, actions or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party because the service has been used or is being used in breach of clauses 6.1 to 6.4.
Appears in 1 contract
Samples: Master Services Agreement
Use of the Service. 6.1 You are solely responsible with respect 9.1 For the avoidance of doubt, the Customer shall be entitled to use the Services for the purposes of fulfilling its own contractual obligations to End Users.
9.2 The Service must not be used in a way that does not comply with:
(a) the terms of any Legislation or any licence applicable to the accuracy, reliability, availability and performance of resources and / Customer or content accessed through the internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any user of the service with any third party), which in all cases you accept are at your own risk and, that is in any event, beyond Service Provider controlway unlawful;
(b) any instructions given by KCOM under clauses 4.5(d); or
(c) the Internet Standards.
6.2 You will comply with 9.3 The Service must not be used:
(and ensure that all users of the service provided to you comply with):
6.2.1 All relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities;
6.2.2 Any codes of practice relevant to use of service;
6.2.3 Any internet standards that are accepted and adopted by the internet industry where failure to comply with such standards would adversely affect the provision of the service;
6.2.4 Our Internet and Email Acceptable Use Policy set out at Schedule 5 hereto and also located at www.Service Xxxxxxxxxxxxxxxxxxx.xx.xx; and
6.2.5 Any reasonable instructions that We may give from time to time.
6.3 You shall not use, nor allow any other(sa) to use, the service to:
6.3.1 send, knowingly receive, upload, download download, use or distribute re-use any information or material that which is unsolicited, defamatory, offensive, abusive, indecent, defamatory, obscene, pornographic menacing or menacing, intended to cause distress or is in breach of confidence, copyright, confidence, privacy or any other rights;
6.3.2 violate or infringe any rights of(b) to cause annoyance, or cause unwarranted inconvenience or needless inconvenience, annoyance or anxiety to, any other personanxiety;
6.3.3 breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority;
6.3.4 obtain unauthorised access to any information, network or telecommunications system(s);
6.3.5 compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems;
6.3.6 place any viruses or other similar computer programs onto the service or the internet;
6.3.7 store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s);
6.3.8 for any improper, fraudulent or otherwise unlawful purpose; or
6.3.9 to spam or (c) to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided using the Service by any third party; or
(d) in any way which in KCOM’s reasonable opinion is, or is likely to be, detrimental to the provision of the Service to the Customer or any other customer.
9.4 The Customer must not use a Domain Name or URL which infringes the rights of any person in a corresponding trade xxxx or name or may give rise to a tortious action for Passing Off.
9.5 For the avoidance of doubt, the Customer will be responsible for ensuring that its End Users do not use the Service in a way that breaches clauses 9.2, 9.3 or 9.4. You agree In particular, the Customer will ensure that its End Users comply with the terms of an acceptable use policy that places restrictions on their use of the Service that are (materially) no less comprehensive than those set out in the KCOM Acceptable Use Policy.
9.6 KCOM will be entitled to treat any breach of clauses 9.2, 9.3 or 9.4 as a material breach of this Agreement which cannot be remedied for the purposes of clause 13.
9.7 KCOM will be entitled to take all reasonable steps to make sure that this does not happenprotect the operation of the KCOM Network. KCOM may suspend the Services where reasonably necessary to protect the operation of the KCOM Network.
6.4 Service Provider shall investigate any suspected or alleged breach of this agreement and in doing so We will act reasonably and fairly at all times. If in our reasonable opinion you use the service in any way that is or is likely to be detrimental to the provision of service to you or any other of our customers then you will take such corrective and immediate action as We may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 (three) days of our demand, We shall be entitled to suspend the service without notice.
6.5 In all circumstances, you will 9.8 The Customer must fully indemnify us KCOM against any claims, actions claims or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us KCOM by a third party because the service has been used or Service is being used in breach of clauses 6.1 the provisions of this clause 9. KCOM will notify the Customer of any such claims or proceedings and keep the Customer informed as to 6.4the progress of such claims or proceedings.
Appears in 1 contract
Samples: Wholesale Services Agreement