Legal

Acceptable use policy

Our policy for the acceptable use of Homechoice Internet Service.

Please read the terms of this policy carefully as they are applicable to your use of the Homechoice Internet Service (the "Internet Service") and explain what you can and cannot do with your Internet Service. These terms are legally binding and form part of the terms and conditions included in your Homechoice agreement. The Homechoice Agreement can be found on our website at www.homechoice.co.uk or you may contact our Customer Care line on 0845 678 3333 to request a copy or enquire about any of your rights and responsibilities under these terms.

We may change or update the terms of our Acceptable Use Policy at any time and such updated policy shall be displayed on the www.homechoice.co.uk website. We recommend that you visit our website regularly to ensure that you are aware of the changes.

Homechoice provides you with a fast Internet Service providing access to the World Wide Web and email, depending on the package you have selected. In addition, Homechoice provides you with up to 100MB of space that can be used to develop personalised web sites, subject to the terms of this Acceptable Use Policy.

1. Use of the Internet Service and compliance with law

1.1 You agree that you will only use the Internet Service in a way which is consistent with the Acceptable Use Policy and which is not in violation of any law or regulation which is enforceable in the United Kingdom. In particular, you agree that you will not use the Internet Service:

1.1.1 for any commercial or business purpose whatsoever, including to advertise or offer to sell any goods or services; or

1.1.2 allow others to use it other than at the address at which the Internet Service is installed; or

1.1.3 to transmit, upload, download, procure the sending of, send, receive, encourage the receipt of, use or reuse any material which is offensive, abusive, defamatory, obscene or menacing or a breach of the copyright, trade mark, confidence, privacy or any other rights of any person; or

1.1.4 in a manner which is invasive of another's privacy, causes annoyance, inconvenience or needless anxiety to any person; or

1.1.5 to upload, procure the sending of or send unsolicited e-mail or otherwise transmit any unsolicited advertising or promotional materials; or

1.1.6 to transmit, upload, procure the sending of or send any material which contains software viruses, Trojan horses, logic bombs, keystroke loggers, spyware, adware or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

1.1.7 to conduct or forward surveys, contests, pyramid selling schemes or chain letters; or

1.1.8 in any manner which would interfere with or disrupt the Internet Service or contravenes any instructions which we may give to you in connection with the Internet Service from time to time; or

1.1.9 in any manner which would contravene the Computers Misuse Act 1990; or

1.1.10 in any manner which infringes or breaches any third party intellectual property rights (“IPR”), which shall include but not be limited to copyright, trade marks, design rights, trade secrets, domain names, patents, moral rights and performance rights, whether registrable or otherwise and whether registered or not. For the avoidance of doubt, the installation or distribution of "pirated" software or other software products that are not appropriately licensed to you will constitute a violation of third party IPR.

1.2 You agree to connect a maximum of 3 personal computers to the Internet Service on a wired, wireless or combination basis.

1.3 You acknowledge that Homechoice cannot install, configure or offer technical support or advice in respect of any of your equipment used in connection with the Internet Service, whether to enable a wireless connection or otherwise, unless such equipment has been supplied and installed by us.

1.4 You agree not to exceed the download limit allocated to your Internet Service. For the 2Mb service the download limit is 45GB per month and for the 4Mb service the download limit is 60GB per month.

1.5 Where we have not applied a fixed limit to the amount of data that you may upload or download, we reserve the right to impose a limit where, at our discretion, we consider that your usage is affecting or may affect other users' enjoyment of the Internet Service or your usage of the service exceeds what we consider to be reasonable for domestic use.

1.6 You acknowledge that the Internet is designed to appeal to a broad audience. It is your responsibility to determine whether any of the content accessed via the Internet Service by children in your household is appropriate.

1.7 You acknowledge that the Internet Service and any information or goods, which you obtain from the Internet Service, are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our prior written permission.

1.8 Given the global nature of the Internet you agree to comply with all local rules regarding online conduct and acceptable content. You also agree to comply with any applicable rules regarding the export of technical data from any country including but without limitation the United States.

1.9 You acknowledge that we are not obliged to monitor your use of the Internet Service but that we and our agents reserve the right to refuse or to remove any material which you upload or send using the Internet Service without notice to you if we believe, in our absolute discretion, that such material breaches this Acceptable Use Policy.

1.10 You are responsible for ensuring that any others in your household who you allow to use the Internet Service (such as those who have received a PIN from us) use the Internet Service in accordance with these terms and conditions.

1.11 If we believe that the Internet Service is being used in contravention of these terms and conditions we are entitled to disconnect the Internet Service without giving notice to you. Prior to restoring the Internet Service (which shall be at our absolute discretion) we may require an assurance from you in a form we deem acceptable that there will be no further breach of this policy.

2 Provision of the Internet Service and Our Liability

2.1 Your use of the Internet Service and the internet generally is at your, and others who use your account’s, sole risk. The Internet Service, third-party virus checking technology and other third party software or content which may be bundled with the Internet Service are provided “as is” for your use, without any warranties of any kind. We use commercially reasonable endeavours to provide and maintain the availability of the Internet Service. However, we cannot guarantee that the Internet Service will be fault free or that your access to the Internet will be uninterrupted and we will not be liable to you if your access to the Internet Service is interrupted or restricted at any time for reasons beyond our reasonable control.

2.2 Due to the nature of the Internet and the fact that in providing the Internet Service to you we must rely on third party services, we cannot guarantee specific levels of service performance.

2.3 We reserve the right to restrict access to the Internet Service and to impose data traffic restrictions at our discretion, in order to provide upgrades, implement new facilities, allow data retrieval and maintain service levels. Where practicable you will be advised of any such measures via our website and/or by e-mail within a reasonable timeframe.

2.4 We reserve the right to filter emails and to remove emails containing, or suspected by us of containing, a computer virus and/or any email which we, in our absolute discretion, consider to be email spam but we are not under any obligation to monitor the content of any use or transmissions of the Internet Service. Where emails which are considered by us to be email spam are not removed, we reserve the right to modify the header of such emails so as to identify such email as "spam".

2.5 Homechoice has an email storage limit of 100MB or 2000 emails per email account, whichever limit is reached first. That is for the storage of your undeleted emails before you collect them through your email program (eg Outlook Express). If your email account reaches 100MB or you have more than 2000 emails in your email account, any new emails will not be accepted and will be bounced back to the sender.

2.7 We do not guarantee that use of the Internet Service will be compatible with all hardware and software that you may use to access it.

2.8 We are not liable to you for any (a) deletion, corruption or failure to store any email messages or other content that you experience while using the Internet Service; (b) loss not reasonably foreseeable by us when this agreement commenced; (c) damage or loss arising from the consequences of viruses received by you via the Internet Service; (d) damage or loss arising from any use of any wireless connection provided by Homechoice; or (e) loss of data, profit, revenue or business or wasted expenditure however caused, arising from your use of the Internet Service or the internet.

2.9 You agree to indemnify and hold Homechoice harmless against all liabilities, claims and expenses, including reasonable legal fees, that arise from any infringement of third party intellectual property or other rights resulting from any breach of this Agreement for which you are responsible. Homechoice reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

2.10 If you become aware of a fault occurring with the Internet Service you should notify us by emailing us at support@homechoice.co.uk or phoning us on 0845 678 3333. We will endeavour to rectify the fault as soon as reasonably practicable.

3 Suspension and Modification of Internet Service

Your access to the Internet Service may occasionally be interrupted or restricted to allow for repairs or maintenance to be carried out or the introduction of new facilities or services. We will endeavour to restore the Internet Service as soon as possible. We may modify the Internet Service at any time with or without notice.

4 Termination

We may restrict, suspend or terminate your use of the Internet Service if we believe, in our absolute discretion, that you have breached these terms and conditions or the terms of the Homechoice Agreement at any time. The suspension or termination of the Internet Service will be without prejudice to any rights that we may have against you under the Homechoice Agreement.

5 Links

5.1 The Internet Service may provide links to Web sites operated by third parties. Such links are provided for your convenience only. We have no control over these sites and are not responsible for their availability or content. Our inclusion of links to such sites does not imply any endorsement of the material on such sites or any association with their operators.

5.2 We will not be responsible for any charges you may incur as a result of any dealings you may have with any third party whilst using the Internet Service.

Document Reference: BA/AT: 11.16.15x//AUP:09/06