Last updated: 03-Feb-2022

Optial Acceptable Use Policy

   

This document defines the Acceptable Use Policy (the “Policy”) in respect of the products and services provided by Optial UK Limited or its group members (“Optial”) to users of the Optial System (as defined below) (collectively, “Client” or “You”).  This Policy helps to ensure the integrity, security, reliability, and privacy of the systems, website, software services, hosting facilities, content and data comprising the Optial System (the “Optial System”). Optial retains the right to modify the Policy at any time. Client is required to comply with the Policy as modified from time to time whether or not-

(a) the Optial System is hosted by or on behalf of Optial for your use, or hosted by yourself or a third party; and/ or

(b) Client’s right to access the Optial System originates from a contract which Client entered into directly with Optial or otherwise a contract which Client entered into with a third party intermediary supplier.

Client agree that Optial may enforce the terms of this Acceptable Use Policy against you even where you have been provided with Access by an intermediary Supplier.

 

1.    Optial System Security

Client is prohibited from violating, or attempting to violate, the security of the Optial System. Any violations may result in criminal and civil liabilities to the Client.  Optial will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Optial System include, without limitation, the following:

  • Accessing data not intended for You or the person or organisation who nominated and/authorised You for Access or gave You a User ID;

  • Allowing any other person to access the Optial System with your User ID

  • Logging into a server or account which You and/or the person or organisation who nominated and/authorised You for Access or gave You a User ID  are not authorized to access;

  • Attempting to probe, scan, or test the vulnerability of a system or network;

  • Breaching security or authentication measures without proper authorization;

  • Attempting to interfere with any services provided by Optial to any user including, without limitation, via means of overloading, "flooding," "mailbombing," or "crashing"; and/or

  • Taking any action in order to obtain services to which You and/or the person or organisation who nominated and/authorised You for Access or gave You a Used ID are not entitled.

 

2.    Illegal Use

  •  The Optial System may only be used for lawful purposes. Client may not use the Optial System to create, transmit, distribute, or store material or engage in activity that ( or as described) :

  •  Infringes any intellectual property rights of others;

  •  likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;

  • Impairs the privacy of communications;

  • Contains offensive, abusive, indecent, obscene, menacing, defamatory, illegal or otherwise damaging material;

  • May be threatening or abusive;

  • Violates export control laws or regulations including those laws and regulations more specifically described below;

  • Encourages conduct that would constitute a criminal offense or give rise to civil liability;

  • Causes technical disturbances to the Optial System, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; and/or

  • Assists or permits any persons in engaging in any of the activities described above

  • Use of an internet account or computer without the owner's authorization;

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;

  • Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;

  • Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);

  • Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;

  • Distributing software that covertly gathers or transmits information about a user;

  • Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft's "add/remove" tool);

  • Any conduct that is likely to result in retaliation against the Rackspace network or website, or Rackspace's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);

  • Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;

  • Interference with service to any user of the Rackspace or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

  • Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e. Spamhaus);

  • Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or

  • Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Rackspace.

Export Control

The Optial System may not be used in violation of export laws, controls, regulations or sanction policies of England and Wales, the United States or your applicable jurisdiction.  The Optial System  may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes. 

 

General terms and conditions

  • You shall not attempt to decompile, modify, copy, adapt, transcribe or merge the software in the Optial System or any portion thereof, except as expressly authorized in writing by Optial, save as permitted by applicable law.

  • You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute any part of the Optial System to any third party, and You may not permit any third party to have access to and/or use the functionality of the System, unless expressly authorized in writing by Optial.

  • All title and intellectual property rights in and to the Licensed Software and the Optial System are owned by Optial or its suppliers. Your possession, access, or use of the Optial System does not transfer any ownership or any intellectual property rights of any kind to You.

  • Except insofar as expressly provided in writing between You and Optial, Optial provides the Optial System ‘As Is’. Optial hereby excludes all other warranties and representations, whether express or implied by statute, common law or otherwise in relation to the Optial System to the extent permitted by applicable law.

  • OPTIAL DOES NOT WARRANT OR GUARANTEE THAT ITS SOFTWARE WILL PREVENT LOSS, ALTERATIONS OR UNAUTHORIZED ACCESS TO DATA AND/OR CONTENT.

3.    Unsolicited Communications (“Spam”)

Posting the same or similar unsolicited e-mail messages, bulk commercial advertising, or informal announcements to one or more groups (known as “Spam”) is prohibited.

 

4.    Content

Client is responsible for all its content hosted by Optial.  Optial exercises no control over, and accepts no liability for, the content of the information passing through and/or hosted on the Optial System, including content provided on any third party websites linked to the Optial System.  Any website links are provided as Internet navigation tools for information purposes only and not as an endorsement by Optial of the contents of such websites.  Optial does not adopt, nor warrant the accuracy of the content hosted on the Optial System and/or any linked website and excludes any liability in respect thereof.  Use of any information obtained via the Optial System is at Client's own risk.

Optial does not screen communications and/or Client content and shall have no liability in respect thereof.

 

5.    Consequences of Unacceptable Use

Optial reserves the right to suspend or terminate access to the Optial System without notice on breach of this Policy.  For the purposes of this Policy, the following shall be considered breaches of the Policy: (i) indirect or attempted violations of this Policy; and (ii) actual or attempted violations of this Policy by a third party on behalf of a Client.

 

6.    Questions, Comments or Complaints

Optial reserves the right to modify this Policy in the manner set forth above at any time.  If you are unsure whether any contemplated use is permitted or have any comments regarding prohibited use or other abuse of the Optial System, please direct questions or comments to: info@optial.com.