The Services are provided to you by Ecotalk Limited, a company incorporated in England & Wales (registered no. 007442414) and whose registered office is at Lion House, Rowcroft, Stroud, Gloucestershire, GL5 3BY. In this Acceptable Use Policy (the “Policy”), “Ecotalk”, “we”, “our” or “us” means Ecotalk Limited, and “you” or “your” means you, our customer.This Policy relates only to your use of the Services. This Policy defines the acceptable use of the Services with a view to protecting the security, integrity and reliability of the Services, the SIM and telephone number provided to you by Ecotalk and the network and related systems of our Network Provider or Service Provider. This Policy applies to all customers who use a Service provided by Ecotalk.This Policy is in addition to our Customer Terms and Conditions (the “Contract”) for the Services, and terms which are not defined in this Policy will have the meaning set out in the Contract. You must ensure that any use of the Services, by yourself or others via your account, complies with this Policy. In addition, you must ensure that you will always co-operate with Ecotalk and follow our reasonable instructions to ensure the proper use and security of the Services and your account.If there is any inconsistency between the terms of this Policy and the Contract, the terms of the Contract will prevail.
You may only use the Services for your own personal use. This means you must not resell the Services, use the Services other than for your own personal use or commercially exploit any of the Services or content made available over the Services. In addition, you must not use the Services, the SIM or telephone number provided to you by Ecotalk or allow anyone else to use the Services, the SIM or telephone number provided to you by Ecotalk for illegal or improper uses. Without limiting the foregoing, use of the Services in any manner set out below constitutes illegal or improper use and accordingly such use is prohibited:(a) for fraudulent, criminal or other illegal activity (including making abusive, offensive, indecent or nuisance calls, for sending spam or unsolicited e-mails or text messages, for making or receiving reverse charge calls or for any immoral, obscene, defamatory, harmful, offensive or unlawful purposes);
(b) in any way which breaches or infringes another person’s rights, including copyright or any other Intellectual Property Rights;
(c) to copy, store, modify, publish or distribute Services or content (including ringtones), except where Ecotalk gives you permission to do so;
(d) to download, send or upload content of an excessive size, quantity or frequency using the Services. We will contact you if we consider that your use is excessive and where it breaches this Policy;
(e) in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, our Network Provider’s networks, the networks or systems of others or the Services;
(f) to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; and
(g) to use or provide to others any directory or details about customers.
While using the Messaging Services, you must not send or upload:(a) anything that is copyright protected, unless you have permission from the copyright owner;
(b) unsolicited bulk or commercial communications or other unauthorised communications;
(c) any Trojan horses, viruses or similar programs or software of which you are aware; or
(d) anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.
If you are under eighteen (18), you are not permitted to access our Age Restricted Services (if any). If you are eighteen (18) or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under eighteen (18) years of age. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under eighteen (18) years of age use your Handset.
If you use the Services from or in a country outside of the UK, your use of the Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.
You must only use Handsets authorised by us for Connection to the Services and our Network Provider’s network and will comply with all relevant legislation and terms made available to you relating to the use of the Handset, the Services and any networks used to provide the Services.
Any breach by you of this Policy shall constitute a breach of your Contract with us. Accordingly we shall have the right to suspend or terminate any or all of the Services you use without notice in accordance with the terms of the Contract.
We may amend this Policy from time to time at our discretion.