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This Acceptable Use Policy outlines permitted and prohibited conduct in connection with all Content generated by or uploaded to the Service, Sites, systems, networks and any other product sold by the Company to the Customer or made available through the Service (henceforth be collectively referred to as the "Service"). The Service may not be used in conjunction with any activity which is contrary to law. In order for You ("the Customer" or "the User") to use Services provisioned by FyfeWeb Ltd (the "Company") You must outline Your acceptance and conformance to this Agreement and any other Agreement within our Legal Framework. Our Legal, Privacy & Trust Centre can be found on our website (https://fyfeweb.com/legal).
Unless the context requires a different interpretation: (a) the singular includes the plural and vice versa (b) references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Agreement (c) a reference to a person includes firms, companies, government entities, trusts and partnerships (d) the term 'including' does not exclude anything not listed (e) "including" is understood to mean "including without limitation" (f) reference to any statutory provision includes any and all modifications or amendments of it (g) the headings and sub-headings do not form part of this Agreement
1.0 - Usage
1.1 - Your use of our Sites, Systems, Network & Services (the "Services")
You shall only access and use the Services for acceptable, legal and authorised purposes. You will not undertake and You will not aid, instruct or otherwise assist any individual, entity or other, either directly or indirectly, to use the Services in ways that: (a) infringe, violate or otherwise misappropriate the rights of the Company, our Customers, our Users, or others (which shall include without limitation: their privacy, publicity, intellectual property, and other proprietary rights); (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate or offensive, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate an individual, entity or other; (e) involve sending illegal or prohibited communications, such as bulk messaging or emailing, spam, phishing, auto-messaging, auto-dialing, and the like.
You agree that You will not undertake and You will not aid, instruct or otherwise assist any individual, entity or other to complete, execute or otherwise undertake through direct, indirect, automated or other means to access, use, copy, adapt, modify, prepare derivative works based upon, distribute, sublicense, license, transfer, display, perform, or otherwise exploit our Services in or through unlawful, prohibited or unauthorised actions, or in ways that burden, impair, or harm the Company, our Services, our Customers, our users, and the like, including that You must not directly, indirectly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our systems and Services; (c) gain or attempt to gain unauthorised access to our Services or systems; (d) interfere or disrupt the safety, security, or performance of our Services; (e) purchase Services through unlawful, unauthorised, misrepresented or automated means; (f) collect any information of or about our Customers in any unlawful, prohibited or unauthorised manner; or (g) sell, resell, rent, or charge for our Services in a manner deemed to be unauthorised by the Company.
1.2 - Age Requirements
The Service is marketed, designed and sold exclusively for those who are at least thirteen (13) years of age. This is due to imposed legal obligations. Customers who are under the age of thirteen (13) must seek parental consent in order to use the Service. Parents or guardians whom wish to issue consent on behalf of someone under the age of thirteen (13) who is in their care must email email@example.com outlining that they wish to provide consent as well as the email address (or other valid identifier) for who they wish to provide consent on behalf of and we will provide them with instructions and access to a secure file sharing and communication system where they can securely upload documentation pertaining to the matter in question.
2.0 - Reporting, Responsibility & Abuse
By accessing or using any of our Services, You agree that You shall not conduct abuse on or towards our network. This includes without limitation, activities such as: hacking, spamming, DDoSing, credential stuffing, social engineering, doxing, torrenting, brute forcing or anything that is contrary to law, or anything further that the Company reserves the right to see applicable. We reserve the right to decrease or otherwise limit ingress and egress bandwidth, blackhole traffic or IP addresses, or otherwise limit, intervene or terminate Your usage of our network, should we: witness excess network usage, be notified to or detect abuse to our network, IP ranges, AS or any infrastructure situated on our network. Any abuse (knowingly or unknowingly) of our public IP prefixes in any capacity is strictly prohibited - especially abuse which curtails the reputation or availability of our IP prefixes and shall (depending upon severity) result in service suspension or termination with immediate effect, without refund.
3.0 - How we protect our Customers
Our utmost intention is to protect our staff, our customers, our systems and our network by using the latest security software, features and mechanisms available. We have implemented protections against many attack types, such as Brute-Forcing and (Distributed) Denial of Service attacks to name two, as a preliminary measure of protecting our Customers from downtime and committing to adhere to Article 32 of the General Data Protection Regulation: "the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services".
4.0 - User Content
"Content" means any information that may have been generated, uploaded or encountered through use of the Service - such as images, sounds, videos, emails and any other like materials. You understand that all content, whether publicly posted or privately transmitted on or across the Service or Network is the sole responsibility of the person whom such content originated. Customers must only upload, publish, distribute or otherwise use Content that either belongs to them or they have the explicit written consent from the applicable owner. You must accept that content uploaded to or generated on the Service is out of the control of the Company and that the Company does not guarantee the accuracy, integrity or quality of any Content. You acknowledge that You must hold the Company harmless from any claims or liability made against You, arising out of content uploaded, created or shared on or from their service which also must not be contrary to law.
Your Service shall be subject to suspension or Content shall be subject to removal, should any Content You have uploaded to or otherwise created with the Service is deemed to actually or is likely to: (a) infringe, violate or otherwise misappropriate the rights of the Company, our Customers, our Users, or others, which shall include without limitation their privacy, publicity, intellectual property, and other proprietary rights; (b) be illegal, obscene, pornographic or sexually explicit, tortious, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive (c) instigate or encourage conduct that would be illegal (d) otherwise inappropriate or offensive, including promoting violent crimes, publishing falsehoods, misrepresentations, or misleading statements, the impersonation an individual, entity or other; (e) illegal or prohibited communications, such as bulk messaging, spam, phishing, auto-messaging, auto-dialing; or (f) is used to send, store, or transmit viruses or other harmful computer code through or onto our systems and Services and the like.
4.1 - Prohibited Content and Usage
Including without limitation, Your usage and the Content that is that is either created, shared, hosted or otherwise uploaded or generated on or to the Service that is knowingly false or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, pornographic or sexually explicit, threatening, an invasion of one's privacy, tortious, racially or ethnically offensive or the Content contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component or anything that is otherwise objectionable is strictly prohibited and will result in service suspension or termination. You also agree that You will not post, upload, create, distribute or otherwise transmit materials in violation of another person's or entity's copyright or other intellectual property rights in anyway as this will lead You liable to prosecution by the rights owner and possible service suspension or termination. We take abusive and illegal content on our network incredibly seriously. Examples of prohibited items include but are not limited to child pornography, extremist content, hacking tools and tutorials, excessive or imprudent bandwidth usage, Ponzi/Pyramid schemes and any other scamming/deception activities, sale of firearms, drugs or any illicit items, software or content - and anything further the company sees applicable. We reserve the right to identify what is prohibited.
5.0 - Your responsibilities
5.1 - Adide by the Law
Continuing on from previous notations listed above, You represent and warrant Your use Your Service is not contrary to law, including without limitation applicable export or import controls, regulations & sanctions.
5.2 - Sharing
Our Systems may allow You to publish or share Your user content on websites and social media platforms. The Company does not have control over what is shared via these systems and are not responsible for any content uploaded or shared.
6.0 - Our Rights
We reserve the following rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Service and their functionality; (b) we may suspend or discontinue parts or all of the Service; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Service; (d) we may terminate, suspend, restrict or disable access to your account or parts; and (e) we may change our eligibility criteria to use the Service (and if such eligibility criteria changes are prohibited by law where you live, we may revoke the right to use the services in that jurisdiction).
7.0 - Provisions & Governing Law
Each of the provisions contained in this agreement and any other Policy or Agreement within our Legal framework (which can be found at https://fyfeweb.com/legal) shall be construed as being independent of each other and if any provision contained anywhere within the Legal Framework is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the limitations on liability, such determination shall not affect the validity of the remainder of the terms and conditions which shall continue in effect. The website and the Service are operated and controlled from the United Kingdom and therefore are governed by and construed in accordance with the laws of England and Wales.
8.0 - Indemnification
To the fullest extent permitted by law, You agree to indemnify and hold harmless the Company, affiliates and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind arising out of or related to: (a) Your breach of this agreement; (b) Your user content, Your sites and Your eCommerce; (c) any claims by, on behalf of or against Your end users; (d) Your violation of any law or regulation or the rights or good name of any third party.