This Acceptable Use Policy (AUP) governs your use of any services provided by Diginius, including the use of, and access to any Diginius or third party systems and any use of our website at www.diginius.com (“Website”) and any references to ‘Services’ in this document should be so construed.
By subscribing for or receiving any Services from Diginius, or by using our Website, you agree to abide by the terms of this AUP, which will be incorporated into any agreement between you and Diginius and shall apply to any use you make of our Services and/or our Website.
User Content:
- Must be accurate (where it states facts).
- Only contain opinions that are genuinely held.
- Must comply with the law applicable in any country from which it is posted and in the UK.
Prohibited uses – overview
You may use our Website and our Services only for lawful purposes. You may not use them:
- in any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- for the purpose of harming or attempting to harm anyone, including minors, or in any manner which will, or is likely to, infringe the personal rights of others;
- be in contempt of court
- in any manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- in connection with any defamatory, indecent, obscene, offensive, threatening or abusive conduct or activity;
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
- in any way that is inconsistent with the terms of your agreement with us.
Specific Prohibitions
Without prejudice to the generality of the principles set out above, unacceptable use includes, but is not limited to, the following:
- Posting, transmission, re-transmission, or storing material on or through our Website or any of our Services, if such posting, transmission, re-transmission or storage is or could reasonably be considered to:
- Be in violation of any local, national or international law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations);
- threatening or abusive;
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC).
- Include video content not suitable for BBFC classification.
- Include material that might impair the physical, mental or moral development of persons under the age of 18.
- Be likely to deceive any person.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Give the impression that the user content emanates from Diginius Limited, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Be pornographic.
- Include abusive materials targeted at any of the following characteristics: race, religion, sex, sexual orientation, disability, gender reassignment.
- Include content which incites hatred against people of a particular race (including colour, nationality, and ethnic or national origins, religion (including lack of religion), sex or sexual orientation; who have a physical or mental disability; or who have the characteristic of gender reassignment (meaning the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning ther person’s sex by changing physiological or other attributes of sex).
- Include content which encourages, promotes or provides instructions for an act of serious violence against a person.
- Include bullying content.
- Include content which depicts real or realsitic serious violence against a person (real or not); depicts the real or realistic serious injury of an animal (real or not) in graphic detail or realistically depicts serious violence against a fictional creature or the serious injury of a fictional creature in graphic detail.
- Include content which encourages, promotes or provides instructions for a challenge or stunt highly likely to result in serious injury to the person who does it or to someone else.
- Include content which encourages a person to ingest, inject, inhale, or in any other way self-administer a physically harmful substance or a substance in such a quantity as to be physically harmful.
- In addition, you must not use our Website or Services
in any way that involves:- Terrorism offences.
- Child sexual exploitation or abuse offences including grooming and child sexual abuse material.
- Encouraging or assisting suicide (or attempted suicide) or self-harm offences.
- Harassment, stalking, making threats or abuse offences.
- Hate offences.
- Controlling or coercive behaviour offence.
- Drugs or psychoactive substance offences.
- Firearms or other weapons offences.
- Unlawful immigration or human trafficking offences.
- Sexual exploitation of adults offences.
- Intimate image abuse offences.
- Proceeds of crime offences.
- Fraud and financial services offences.
- Foreign interference offences.
- Encourages, promotes or provides instructions for an eating disorder or behaviours
associated with an eating disorder.
- Installation or distribution of pirated or other software products that are not appropriately licensed for use.
- Resale or redistribution of the Services without our prior written consent, which may be withheld or caveated.
- Deceptive marketing practices.
- Actions that restrict or inhibit anyone – whether a customer of Diginius or otherwise – in their use or enjoyment of our Website or Services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of internet services.
- Introduction of malicious programs into the Diginius network, servers or services of Diginius (e.g., viruses, Trojan horses and worms).
- Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which you are not an intended recipient, or logging into a server or account that you are not authorized to access (e.g., port scans, flood pings, packet spoofing and forged routing information).
- Executing any form of network monitoring that will intercept data not intended for you.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user.
- Using any programme/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
- Furnishing false or incorrect data, including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document use of our products or services.
- Sending unsolicited mail messages, including the sending of junk mail or other advertising material to individuals who did not specifically request such material or with whom you do not have an existing business relationship (e.g., e-mail spam).
- Harassment (e.g., through language, frequency, or size of e-mail messages).
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other e-mail address other than that of the poster’s account or service, with the intent to harass or to collect replies.
- Creating or forwarding chain letters or other pyramid schemes of any kind.
- Use of unsolicited e-mail originating from within the Diginius network or networks of other Internet Service Providers.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United Kingdom or without all required approvals, licenses and exemptions.
- Use of IRC servers or bots connected to public IRC networks or servers.
Enforcement
Diginius will determine, in its sole discretion, acting reasonably, whether there has been a breach of this AUP by you. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this AUP may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Website or the Services.
- Immediate, temporary or permanent removal of any posting or material uploaded by you.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude all liability to you for our actions taken in response to breaches of this AUP. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to this policy
We may revise this AUP at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
Amendments shall automatically come into effect 30 days after being posted on the Website unless you notify us that you do not agree to any of the proposed amendments. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our Website.
Waiver and severance
Any failure or delay in exercising or enforcing this policy shall not constitute a waiver of this policy or of any other right or remedy.
Questions?
If you have any questions concerning compliance with this AUP, please contact Diginius at legal@diginius.com.
