1. Introduction

1.1. This Acceptable Use Policy (“AUP”) describes the principles governing the use of the systems, services and equipment (if any) provided by M247 in connection with the services we provide to you.

1.2. The “user(s)” or “you” means the customers or any person using or accessing our services.

1.3. We may amend, modify or substitute this acceptable use policy at any time. Your continued use of the services provided under your agreement after any amendment, modification or replacement constitutes your acceptance of any new acceptable use policy. We recommend that you visit our website regularly to check for updates or modifications to this acceptable use policy.

  1. M247 compliance actions – our rights to investigate, suspend, restrict or terminate your services

2.1. We reserve the right to investigate any suspected breach(es) of this acceptable use policy. Should we become aware of possible breaches, we may initiate an investigation, which may include obtaining information from the User and the complaining party (if any) and examining material on our servers, networks or any other equipment associated with the services provided under the agreement.

2.2. We will take action if our services are abused and/or this acceptable use policy is breached. The actions we may take at any time, at our sole discretion, include, but are not limited to:

(a) an informal telephone conversation or e-mail requesting your cooperation;

(b) a formal warning to you;

(c) suspension of service (with or without notice);

(d) restricting your access to all or any part of any of the services provided under the agreement (with or without notice); or

(e) the termination of any services under the agreement (with or without notice).

2.3. Without prejudice to our right to restrict, suspend or terminate service, in the event of a breach of this acceptable use policy and/or our terms and conditions we may decide to issue a formal warning specifying the unacceptable conduct and notifying you that repeated breaches may result in all or part of our services being temporarily or permanently withdrawn.

2.4. If, after we have issued a formal warning pursuant to paragraph 2.3, your conduct continues to breach this acceptable use policy, we will then withdraw all or any part of the services until you assure us that appropriate measures have been implemented to ensure that your use of our systems, services or equipment complies with this acceptable use policy.

2.5. If such a suspension is imposed, then it may be lifted at our discretion, upon receipt of a formal written commitment that you will not commit any future abuse. Until receipt of such formal written commitment using the contact details, the services to be suspended will be specified to you. M247 shall in no way be responsible for any loss during shipment (postal mail, e-mail).

2.6. Prior to termination of services, depending on the nature of the breach of the acceptable use policy, we may work with the Users to prevent future breach of the AUP and ensure that the referenced breach will not be repeated. For further clarification, the decision to work with you to resolve any acceptable use policy beach is at our absolute discretion.

2.7 If you are a reseller of our services and you and/or the end user are in breach of the AUP, it is your responsibility to advise the end user regarding any action we take in relation to the terms of this Acceptable Use Policy.

  1. Use of services

3.1. You must not use our services in any way that is illegal, at the expense of other users of our services. You must also not allow a person to use your connection to use our services in any way that is illegal, at the expense of other users of our services.

3.2. In addition, and without prejudice to your obligations under our terms and conditions, you agree to comply with (and ensure that other users of the services comply with) all applicable laws, statutes and regulations regarding the services. As a User of the services, you are responsible for all use of the services provided to you regardless of whether the use is without your knowledge and/or consent.

3.3. You are required to keep up to date your contact details provided to M247. Keeping your record up to date is important, as we may need to send notices or other information using the contact information you gave us.

3.4. In the event that your use of our services is under investigation by the relevant authorities, we reserve the right to suspend services for the duration of the investigation.

  1. Responsibilities – security

4.1. The security of the services you use is your responsibility. We are not responsible for the consequences of your failure to comply with the appropriate security measures (e.g., lost or damaged files, identity theft, fraud).

Device Security

4.2. Users are responsible for the security of their own systems and devices that are directly or indirectly related to our systems.

4.3. If we identify that the systems and/or devices at the end of your connection are causing a significant impact to our service or are part of a “botnet” (machines hijacked by others to distribute malicious software or other forms of abuse), we reserve the right to suspend or disconnect the services without notice.

4.4. You should take all reasonable precautions to protect yourself and your systems and servers from viruses and other forms of malicious intrusion. We will not be liable for any loss or damage incurred as a result of such intrusion.

Account Security

4.5. You should keep your password(s) (if any) confidential and secure. If you think your password(s) has become known to unauthorised persons or can be used in an unauthorised manner, you should take steps to change your password immediately. If you believe that any of your devices have been used to breach the terms of this acceptable use policy you should inform us immediately.

  1. Your responsibilities – M247 systems, services and equipment

5.1. Users must not take any action that would restrict or inhibit any person, partnership, company, enterprise or organisation (whether an M247 customer or otherwise) from lawfully using or enjoying any of our systems, products or services.

5.2. The following are specific prohibited acts in relation to M247 systems, services and equipment:

5.2.1. the sale or resale of our products and services;

5.2.2. any form of unsolicited, unwanted or misleading advertising;

5.2.3. false data, including fraudulent use of credit card numbers (and such conduct is grounds for immediate termination and may be subject to civil or criminal liability);

5.2.4. attempting to circumvent user authentication or security of any host, network, or account (also known as “cracking” or “hacking”) This includes, but is not limited to, accessing data not intended for the User, logging into a server or account that the User is not expressly authorised to access, or probing the security of other networks, without the express authorisation of the owner of such third party network(s);

5.2.5. carrying out security breaches or communication interruptions. Security breaches include, but are not limited to, accessing data that the User is not the intended recipient of, or logging into a server or account that the User is not expressly authorised to access. For purposes of this section “disruption” includes, but is not limited to, port scans, ping floods, spoofing suites, forged routing information, deliberate attempts to overload a service, and any other unspecified form of Denial of Service (DoS) attack or attempts to crash a host;

5.2.6. the use of any program/script/command, or sending messages of any kind, for the purpose of interfering with or adversely affecting a User of our network, by any means, locally or over the Internet, including the breach of other Users’ privacy; and

5.2.7. carrying out, for malicious purposes, any form of network monitoring or interception of data not belonging to you.

  1. Your responsibilities – content/material

General

6.1. It is prohibited to store, distribute, transmit or disseminate any “Prohibited Material” through your use of the Services, including, for example, using the Services to send messages, post to online forums and use social networks. What is included as “Prohibited Material” will be determined by us (at our sole discretion). Prohibited material includes (without limitation):

6.1.1. material that is threatening, harassing, invasive of privacy, discriminatory, defamatory, racist, obscene, indecent, offensive, abusive, harmful or malicious;

6.1.2. material that infringes or breaches any third party’s intellectual property rights (including, but not limited to, copyrights, trademarks, design rights, trade secrets, patents, moral rights of authorship and enforcement of rights) – including the use, distribution and/or copying of any material without the express consent of the owner;

6.1.3. material that is in breach of any applicable law or regulation in the country where the services are used or received; and

6.1.4. programs containing viruses, malware, hoaxes or any of the tools designed to compromise the security of Internet users, websites and/or systems. However, you can safely pass malware samples to the appropriate agencies for the purpose of fighting against their spread.

6.1.5. phishing – material that is designed to acquire information such as usernames, passwords, credit card details or other personal information through encryption as a trusted source.

6.2. For the avoidance of doubt, the storage and/or distribution through our systems and/or services by any User of “pirated” software, or any other material that is not expressly authorised for the User, will constitute a breach of this acceptable use policy.

6.3. At our sole discretion and without prejudice to any of our other rights under this Acceptable Use Policy and this agreement, we reserve the right to remove or block any material from any server under our control. In addition, we may take any other action, and reserve the right to notify relevant authorities, regulatory bodies and/or third parties of the use, storage, distribution, transmission, retransmission or publication of forbidden materials (and/or any other material the handling or use of which may constitute unlawful conduct by users).

6.4. M247 is a trade name for Metronet (UK) Limited, M247 Ltd, Venus Businesses Communication Limited, M247 Europa SRL and M247 Iberia S.L.