Acceptable Use Policy

1. Introduction

1.1. This acceptable use policy (“AUP”) outlines the principles that govern use of the systems, services and equipment provided by Enerveo (Trading as “Enerveo Limited”) or any other member of Enerveo (“Enerveo” or “we”) in connection with your Enerveo services.

1.2. “User(s)” or “you” means customers or anyone else who uses or accesses Enerveo’s services.

1.4. We may amend, modify or substitute this AUP at any time. Your continued use of any Enerveo services after any such amendment, modification or substitution constitutes your acceptance of any new AUP. We recommend that you visit our website regularly to check for any updates or amendments to this AUP.

2. Enerveo’s enforcement actions – our rights to investigate, suspend, restrict or terminate your services

2.1. We reserve the right to investigate any suspected violation(s) of this AUP. When we become aware of possible violations, we may initiate an investigation, which may include gathering information from the User involved and the complaining party, if any, and examination of material on our servers, networks or any other equipment associated with the services.

2.2. We will take action if you abuse our services. The actions we may take, in our sole discretion, at any time include but are not restricted to:

(a) a discussion on the phone or an informal email asking for your cooperation;

(b) a formal warning to you

(d) restriction of your access to all or any part of the service (with or without notice); or

(e) termination of the service (with or without notice).

2.3. Notwithstanding our right to restrict, suspend or terminate the service, if you breach this AUP and/or our terms and conditions we may issue a formal warning to you specifying the unacceptable conduct and notifying you that repeated breaches may result in all or part of our services being temporarily or permanently withdrawn from you.

2.4. If, after we have issued a formal warning in accordance with paragraph 2.3 above, your conduct continues to breach this AUP, then we will withdraw all or any part of the services from you until such time as we are satisfied that you have implemented appropriate steps to ensure that your use of our systems, services or equipment will comply with this AUP.

2.5. If such a suspension is imposed, then this may be lifted at our discretion upon receipt of a formal written undertaking from you not to commit any future relevant abuse. Until the formal written undertaking is received by us using the contact details we specify to you the services will remain suspended. Enerveo is in no way responsible for any loss during transmission (post, email, fax).

2.6. Prior to terminating services as a general rule, we will attempt to work with Users (but are not obliged to do so) to avoid future violations of the AUP and to ensure that there is no reoccurrence of the incident(s) in question.

3. Use of the services

3.1. You must not use our services in any way that is unlawful or illegal or in any way to the detriment of other Internet users. You also must not allow anybody using your connection to use our services in any way that is unlawful or illegal or in any way to the detriment of other Internet users.

3.2. In addition to and without prejudice to your obligations pursuant to our terms and conditions, you agree to comply with (and ensure that others using the services comply with) all applicable laws, statutes and regulations in connection with the services. As the User of record, you are liable for all use of the services supplied to you irrespective of use without your knowledge and/or consent.

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

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

4. Your responsibilities – security

4.1. The security of the services used by you is your responsibility. We are not responsible for the consequences of your failure to employ adequate security measures (e.g. lost or corrupted files, identity theft, fraud).

Device security

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

4.4. If we identify that systems and/or devices on the end of your connection are causing 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 your services without notice.

4.5. You must take all reasonable precautions to protect yourself and your systems and servers from Viruses and other forms of malicious intrusion. We will not be responsible for any loss or damage howsoever incurred as a result of such intrusion.

4.6. You must keep your password(s) (if any) confidential and secure. If you think that your password(s) has become known to any unauthorised person or may be used in an unauthorised way 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 must inform us immediately.

5. Your responsibilities – Enerveo’s systems, services and equipment

5.1. Users must not take any action that may restrict or inhibit any person, partnership, company, firm or organisation (whether a customer of Enerveo or otherwise) in his/her/its lawful use or enjoyment of any of our systems, services or products.

5.2. Specific prohibited acts in relation to Enerveo’s systems, services and equipment are:

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

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

5.2.3. furnishing false data including fraudulent use of credit card numbers (and such conduct is grounds for immediate termination and may subject the offender 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 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. effecting security breaches or disruptions of communications. Security breaches include, but are not limited to, accessing data of which the customer is not an intended recipient or logging onto a server or account that the customer is not expressly authorised to access. For the purposes of this section “disruption” includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, any otherwise unspecified form of Denial of Service (DoS) attack, or attempts to “crash” a host;

5.2.6. using any program/script/command, or sending messages of any kind, designed to interfere with or adversely affect a User’s enjoyment of our network by any means, locally or by the Internet, including violating the privacy of other Users; and

5.2.7. conducting, for malicious purposes, any form of network monitoring or interception of any data that does not belong to you.

6. Your responsibilities – content/material

General

6.1. You are prohibited from storing, distributing, transmitting or causing to be published any “prohibited material” through your use of the services, including for example your use of the services to send emails, post on online forums and use social media. What constitutes “prohibited material” shall be determined by us (acting in 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 (which shall include, but not be limited to copyright, trade marks, design rights, trade secrets, patents, moral rights, paternity rights and performance rights) – this includes the use, distribution and/or copying of any material without the express consent of the owner;

6.1.3. material that is in violation of any law or regulation that is enforceable in the United Kingdom; and

6.1.6. programs containing viruses, Trojans, malware (malicious software), hoaxes or any tools designed to compromise the security of Internet users, websites and/or systems. However, you may pass samples of malware in a safe manner to appropriate agencies for the purpose of combating its spread.

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

6.2. For the avoidance of doubt, the storage upon and/or distribution via our systems and/or services by any User of “pirated” software, or any other materials that are not expressly licensed to the User, will constitute a violation of this AUP.

6.3. At our sole discretion (and without prejudice to any of our other rights pursuant to this AUP and our terms and conditions), we reserve the right to remove any material from any server under our control. In addition to any other action we may take, we reserve the right to notify relevant authorities, regulators and/or other third parties of the use, storage, distribution, transmission, retransmission or publication of prohibited material (and/or any other materials the dealing with or use of which may constitute unlawful conduct by Users).

6.4. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the AUP shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.”