Common use of Using the Services Clause in Contracts

Using the Services. 5.1 You are responsible for the way the service(s) are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the service(s): a. Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal; b. Cause annoyance, nuisance, inconvenience or needless worry to, or breach the rights of, any other person; c. Perform any illegal activity; d. Break, or try to break, the security of anyone else's equipment, hardware or software; e. Deliberately receive, use, own, post, transmit or publish obscene material; f. Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner; g. Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide; h. Use any service(s) (including, but not limited to, phone service(s)) for commercial or business purposes; i. Use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the service(s) to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice; j. Use the service(s) in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer. If we believe that you are using the service(s) in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the service(s) without giving you notice. 5.2 You must, at all times, make sure that the way you use the service(s) does not break the law. 5.3 The service(s) and equipment are provided for residential use only and the following acts are not permitted: a. copying or recording all or any part of the television services except as may be permitted by law for your own private, domestic and non-commercial use (and if this kind of copying becomes illegal in the future you must stop doing it) b. re-selling, or making any charge for watching or using, all or any part of the television services or c. Showing all or any part of the television services to the public even where no admission fee is charged. 5.4 You acknowledge that we are entitled to prevent the copying of any part of the television services and to delete from the equipment we have provided to you recordings which may have been made by you lawfully, but which are from channels you no longer subscribe to. 5.5 You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the service(s) supplied to you under this agreement, or with getting the service(s) without our permission, and to repay fully any costs or losses of this kind which we may suffer. This also applies if you do not meet your responsibilities under this section 5. 5.6 If you misuse the service(s), get service(s) from us without our permission, or do not meet your responsibilities under this section 5, we will be entitled to suspend the service(s), end this agreement and/or terminate any licence to use the software on the equipment, and you may still incur charges for the remainder of the minimum period. 5.7 It is up to you to make sure that if minimum age recommendations apply to any part of the services, those services are not viewed by anyone below that minimum age. 5.8 Where a data usage or storage allowance is allocated to you as part of the service(s), you are responsible for making sure that you do not use more than your allowance. We are not responsible for any negative consequences of your failure to do so. Digicel + shall notify you if you are about to exceed any usage or storage allowance. Furthermore, if you exceed any allowance applicable to your service(s), we reserve the right (at our sole discretion) to re-grade the service(s) in question at the appropriate charge. If we make such changes we will notify you in advance of any change.

Using the Services. 5.1 You are responsible for the way the service(sService(s) are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the service(sService(s): a. Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal; b. Cause annoyance, nuisance, inconvenience or needless worry to, or breach the rights of, any other person; c. Perform any illegal activity; d. Break, or try to break, the security of anyone else's equipment, hardware or software; e. Deliberately receive, use, own, post, transmit or publish obscene material; f. Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner; g. Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide; h. Use any service(sService(s) (including, but not limited to, phone service(s)) for commercial or business purposes; i. Use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the service(s) to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice; j. Use the service(sService(s) in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system System at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer. If we believe that you are using the service(sService(s) in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the service(sService(s) without giving you notice. 5.2 You must, at all times, make sure that the way you use the service(sService(s) does not break the law. 5.3 The service(sService(s) and equipment Equipment are provided for residential use only and the following acts are not permitted: a. copying or recording all or any part of the television services Services except as may be permitted by law for your own private, domestic and non-commercial use (and if this kind of copying becomes illegal in the future you must stop doing it) b. re-selling, or making any charge for watching or using, all or any part of the television services Services or c. Showing all or any part of the television services Services to the public even where no admission fee is charged. 5.4 You acknowledge that we are entitled to prevent the copying of any part of the television services Services and to delete from the equipment Equipment we have provided to you recordings which may have been made by you lawfully, but which are from channels you no longer subscribe to. 5.5 You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the service(sService(s) supplied to you under this agreement, or with getting the service(sService(s) without our permission, and to repay fully any costs or losses of this kind which we may suffer. This also applies if you do not meet your responsibilities under this section 5. 5.6 If you misuse the service(sService(s), get service(sService(s) from us without our permission, or do not meet your responsibilities under this section 5, we will be entitled to suspend the service(sService(s), end this agreement and/or terminate any licence to use the software on the equipment, and you may still incur charges for the remainder of the minimum period. 5.7 It is up to you to make sure that if minimum age recommendations apply to any part of the servicesServices, those services Services are not viewed by anyone below that minimum age. 5.8 Where a data usage or storage allowance is allocated to you as part of the service(sService(s), you are responsible for making sure that you do not use more than your allowance. We are not responsible for any negative consequences of your failure to do so. Digicel + shall notify you if you are about to exceed any usage or storage allowance. Furthermore, if you exceed any allowance applicable to your service(sService(s), we reserve the right (at our sole discretion) to re-grade the service(sService(s) in question at the appropriate charge. If we make such changes we will notify you in advance of any change.

Using the Services. 5.1 1. You are responsible for the way the service(s) are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the service(s): a. a) Send a message or communication that is offensive, abusive, defamatory (damages someone's ’s reputation), obscene, menacing or illegal; b. b) Cause annoyance, nuisance, inconvenience or needless worry to, or breach the rights of, any other person; c. c) Perform any illegal activity; d. d) Break, or try to break, the security of anyone else's ’s equipment, hardware or software; e. e) Deliberately receive, use, own, post, transmit or publish obscene material; f. f) Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner; g. g) Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide; h. h) Use any service(s) (including, but not limited to, phone service(s)service) for commercial or business purposes; i. i) Use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the service(s) to harm the service of another internet Internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice; j. j) Use the service(s) in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer. If we believe that you are using the service(s) in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the service(s) without giving you with notice. 5.2 2. You must, at all times, make sure that the way you use the service(s) does not break the law. 5.3 3. The service(s) and equipment are provided for residential use only and the following acts are not permitted: a. copying a) Copying or recording all or any part of the television services services, except as may be permitted by law for your own private, domestic and non-commercial use (and if this kind of copying becomes illegal in the future you must stop doing it); b. reb) Re-selling, or making any charge for watching or using, all or any part of the television services services; or c. c) Showing all or any part of the television services to the public public, even where no admission fee is charged. 5.4 4. You acknowledge that we are entitled to prevent the copying of any part of the television services and to delete from the equipment we have provided to you recordings which may have been made by you lawfully, but which are from channels you no longer subscribe to. 5.5 5. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the service(s) supplied to you under this agreement, or with getting the service(s) without our permission, and to repay fully any costs or losses of this kind which we may suffer. This also applies if you do not meet your responsibilities under this section 5.D. 5.6 6. If you misuse the service(s), get service(s) from us without our permission, or do not meet your responsibilities under this section 5D, we will will, with notice, be entitled to suspend the service(s), end this agreement and/or terminate any licence to use the software on the equipment, and you may still incur charges for the remainder of the minimum periodcharges. 5.7 7. It is up to you to make sure that if minimum age recommendations apply to any part of the servicesservice(s), those services service(s) are not viewed by anyone below that minimum age. 5.8 8. Where a data usage or storage allowance is allocated to you as part of the service(s), you are responsible for making sure that you do not use more than your allowance. We are not responsible for any negative consequences of your failure to do so. Digicel + shall Play may notify you if you are about to exceed any usage or storage allowance. Furthermore, if you exceed any allowance applicable to your service(s), we reserve the right (at our sole discretion) to re-grade the service(s) in question at the appropriate charge. If we make such changes changes, we will make every effort to notify you in advance of any change.

Using the Services. 5.1 You are responsible for the way the service(sService(s) are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the service(sService(s): a. Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal; b. Cause annoyance, nuisance, inconvenience or needless worry to, or breach the rights of, any other person; c. Perform any illegal activity; d. Break, or try to break, the security of anyone else's equipment, hardware or software; e. Deliberately receive, use, own, post, transmit or publish obscene material; f. Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner; g. Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide; h. Use any service(sService(s) (including, but not limited to, phone service(s)) for commercial or business purposes; i. Use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the service(s) to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice; j. Use the service(sService(s) in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system System at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer. If we believe that you are using the service(sService(s) in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the service(sService(s) without giving you notice. 5.2 You must, at all times, make sure that the way you use the service(sService(s) does not break the law. 5.3 The service(sService(s) and equipment Equipment are provided for residential use only and the following acts are not permitted: a. copying or recording all or any part of the television services Services except as may be permitted by law for your own private, domestic and non-commercial use (and if this kind of copying becomes illegal in the future you must stop doing it) b. re-selling, or making any charge for watching or using, all or any part of the television services Services or c. Showing all or any part of the television services Services to the public even where no admission fee is charged. 5.4 You acknowledge that we are entitled to prevent the copying of any part of the television services Services and to delete from the equipment Equipment we have provided to you recordings which may have been made by you lawfully, but which are from channels you no longer subscribe to. 5.5 You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the service(sService(s) supplied to you under this agreement, or with getting the service(sService(s) without our permission, and to repay fully any costs or losses of this kind which we may suffer. This also applies if you do not meet your responsibilities under this section 5. 5.6 If you misuse the service(sService(s), get service(sService(s) from us without our permission, or do not meet your responsibilities under this section 5, we will be entitled to suspend the service(sService(s), end this agreement and/or terminate any licence to use the software on the equipment, and you may still incur charges for the remainder of the minimum period. 5.7 It is up to you to make sure that if minimum age recommendations apply to any part of the servicesServices, those services Services are not viewed by anyone below that minimum age. 5.8 Where a data usage or storage allowance is allocated to you as part of the service(sService(s), you are responsible for making sure that you do not use more than your allowance. We are not responsible for any negative consequences of your failure to do so. Digicel + shall notify you if you are about to exceed any usage or storage allowance. Furthermore, if you exceed any allowance applicable to your service(sService(s), we reserve the right (at our sole discretion) to re-grade the service(sService(s) in question at the appropriate charge. If we make such changes we will notify you in advance of any change.