This Acceptable Use Policy (“AUP”) applies to you and anybody you allow to use the Wizards network and/or services (together the “Service”). Any reference to “you” shall be interpreted to mean you and anybody you allow to use the Service (a “User”), which shall include your end users if you are a Partner. You are responsible for the use of the Service by all of your Users, whether authorised or unauthorised by you as Users, and for ensuring that each of your Users adhere to this AUP.
By using the Service you shall be deemed to have accepted the AUP and if you do not accept the terms of the AUP then you should not use the Service.
We may change the AUP to reflect any changes in the law or community standards or whenever we deem it necessary. Any changes will be effective upon posting to the Wizards website at the following URL: http://www.wizards.co.uk/ and it will be your responsibility to ensure that you and your Users are fully aware of and adhere to these changes. Your continued use of the Service shall signify your acceptance of any changes to the AUP.
1. Lawful Use of the Services
The Service may only be used for lawful purposes in accordance with all current and future laws, statutes and regulations in force from time to time in the country (or countries) in which the Service is being used (“Laws”).
You may not use the Service to send, receive, store, distribute, transmit, post, upload or download any materials or data which:
· violates any Laws;
· is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment;
· is in breach of any third party rights (including any third party intellectual property rights);
· has any fraudulent purpose or effect; or
· damages or may damage our name and/or reputation
Or permit any other person (whether intentionally or otherwise) to do so.
We would point out that while connected to the internet, you must (inter alia) comply with legal requirements concerning telephone network use, including but not limited to the Telecommunications Act 1984
We subscribe to and shall abide by advice given by the independent industry body, the Internet Watch Foundation (“IWF”) in relation to content on the Internet. For further information regarding the IWF and its policies please refer to https://www.iwf.org.uk/
2. Systems and Network Security
You must not use the Service to violate our network security or any third party’s system or network security by any method including:
· unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;
· unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network; or
· unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network; or
· sending data via the Service which has forged addresses or which is deliberately constructed to adversely affect remote machines; or
· configuring machines connected to the Service as an open relay system.
You must not send, receive, store, distribute, transmit, post, upload or download any materials that are designed to violate our network security or any third party’s system or network security. Examples of such prohibited material may include (but are not limited to):
· programs containing viruses or Trojan horses;
· tools designed to compromise the security of other sites;
· programs or services designed to send or facilitate the sending of unsolicited advertisements; or
· programs or services designed to encourage or facilitate a breach of this AUP or any acceptable use policy of another Internet services provider.
You must not connect to the Service insecure machines or services able to be exploited by others to carry out actions which constitute a breach of this AUP including but not limited to the transmission of Unsolicited Bulk Email or email containing infected attachments or attempts to disrupt websites and/or connectivity or any other attempts to compromise the security of other users of our network or any other third party system.
You are responsible for all data and/or traffic originating from the machines and/or networks that you have connected to the Service. You must immediately disconnect (and subsequently secure prior to reconnection) machines generating data and/or traffic which contravenes this AUP upon your becoming aware of the same and/or once notified of such activity by Wizards.
Users are prohibited from sharing login details for the Service.
If you know of a User who is intending to run a port scanning application, you must provide us with a copy of the written consent received from the target of the scan authorising the activity. This must be supplied to us prior to such application being run.
You must not send email to anyone who does not wish to receive it. We acknowledge that email is an informal method of communication however you must refrain from sending emails to another user after receiving a request to stop.
Unsolicited Bulk Email means email which is both ‘Unsolicited’, meaning that the recipient has not granted verifiable permission for the message to be sent, and ‘Bulk’, meaning that the message is sent as part of a larger collection of messages, all having substantively identical content. You must not send Unsolicited Bulk Email or any other form of abusive electronic communication. In particular, unsolicited advertising mailings (whether commercial or informational) are strictly prohibited. You must only send advertising material to recipients that have specifically requested it.
You must not transmit or knowingly reply to mail-bombs. Mail-bombing is either emailing multiple copies of a single message, or sending large or multiple files or messages to a single user or Internet site with the intention of disrupting the recipient’s mail service.
You must not use false email headers or alter the headers of email messages to conceal their email address or to prevent Internet users from responding to messages. You must not use any email address that you are not authorised to use.
You must not suggest or imply that any email you send is from, authorised or endorsed by, any Wizards company or any other third party or relates to any Wizards business or any other third party business without express prior consent.
4. Advertising to Unsolicited Recipients
You must not operate, host, provide hosting facilities to or assist in any way any web site, email address, or any other online service which is advertised or promoted by means of Unsolicited Bulk Email (whether commercial or informational), any mass messaging facility or any other form of abusive electronic communication. This prohibition applies whether the abusive communication takes place using our network, or otherwise. Hosting providers in particular should take care to ensure that their own acceptable use policy includes a prohibition of services advertising to unsolicited email recipients, since Wizards reserves the right to demand immediate suspension of access to services advertising to unsolicited email recipients, once such services are drawn to the attention of Wizards.
5. World Wide Web and surfing the net
You will be solely responsible for your each of your User’s use of the Internet and any web pages owned and/or operated by you or anyone you permit to use the Service and that are connected to the Service. You must not use world wide web pages within or outside the Service to violate any part of this AUP or to disrupt or attempt to disrupt another Internet user’s Internet experience and, in particular, any such web pages must comply at all times with the provisions of clause 1 and clause 2 of this AUP.
6. Breach: Prevention and Consequences
We support the free flow of information and ideas over the internet. However, we seek to balance this aim with our obligation to other users, third parties and at law. We therefore conduct random checks or investigations from time to time to ascertain compliance with this AUP and to comply with or investigate any enforcement agency or police request or other complaint.
We reserve the right to operate systems to ensure compliance with this AUP including, without limitation, port scanning and testing of open servers and mail relays.
Will block any electronic communication that we reasonably consider to have breached this AUP. If you have breached this AUP, or we reasonably suspect that you may have breached this AUP we will notify you (provided that this notification does not prejudice any investigation) and we may also:
· immediately suspend your access to the Service until such time as we are satisfied the breach has stopped;
· immediately end your contract for the provision of the Service;
· notify and/or pass on the details of the breach of the AUP to any relevant government, statutory, self-regulatory or law enforcement agency (each a “third party authority”);
· investigate the alleged breach of the AUP, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on our network or our servers; or
· remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on our network and/or our servers.
You expressly authorise Wizards to use your personal data and other account information in connection with any investigation carried out by Wizards in accordance with this AUP, including by disclosing it to any third party authority that Wizards considers has a legitimate interest in any such investigation or its outcome.
Wizards reserves the right to terminate the Service with immediate effect and without further obligation or liability to you as required by any law enforcement organisation or by the Courts or any relevant regulatory authority.
You agree to indemnify and hold Wizards and the Wizards group of companies, its affiliates, officers, employees and agents harmless against all claims, actions, demands, costs (including legal costs and disbursements), expenses, losses and damages arising out of or incurred as a consequence of your breach of this AUP or breach of this AUP by anyone permitted to use the Service by you. In many instances a breach of this AUP would constitute a breach of Law and may in some cases carry criminal liability.
8. Fair Usage
Your use of the Service must comply with the Fair Use Policy as defined in the Terms and Conditions specified when you purchased the product.
If you wish to notify us of a breach of this AUP, or if you wish to make a complaint regarding content, data or material that has been stored and/or accessed via the Wizards network or one or more of our services, please email us at email@example.com.