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  5. Your use of the Services

Your use of the Services

You agree not to use the Services:

For making calls, sending data, publishing, knowingly receiving, uploading or downloading any data or material which are or may be reasonably deemed to be a nuisance, a hoax, abusive, obscene, racist, defamatory, menacing, indecent (including to the Customer Services operators who deal with enquiries concerning the Service), in breach of confidence, in breach of any intellectual property right (including copyright) or which is otherwise objectionable or unlawful, or you allow others to do these things or is of a nature which if transmitted would constitute a criminal offence, to do anything (or allow anything to be done) which we think (acting reasonably) may damage or affect the operation of any Network, to cause annoyance, inconvenience or needless anxiety to any other person, company or organisation, to send or procure the sending of any unsolicited advertising or
promotional material, for any purpose which we may reasonable notify you of, from time to time, due to the introduction of new legislation or applicable regulations, as a means of communication, the purpose of which is other than that for which the Service is provided (including without limitation abusive or malicious calls), or which is carried out in an unauthorised way or for fraud or criminal activities, for purposes of intrusion, or attempts to intrude, into the equipment and systems of any third party, or the mounting of any harassment campaign including Denial of Service Attacks, in any way which does not comply with instructions given to you by us, our agents or our authorised contractors, other than in accordance with the acceptable use policies of the Network and (if appropriate) any relevant internet standards.

You must comply with any instructions we give you about the Service and you acknowledge that we and our agents may give you instructions from time to time which we (or they) believe are necessary for health, safety or the quality of other telecommunications services provided to you.

You acknowledge that the Service is provided to other consumers and we owe a duty to them as a whole to preserve our Network integrity and to avoid Network degradation. If, in our reasonable opinion, we consider the usage to be non-consumer it may be necessary change your Services or manage your use of, or access to our Broadband Service as we see fit in the circumstances. These reasons include but are not limited to, any circumstances where you are running an application or program that places excessive bandwidth demands on the Broadband Service for continued periods.

Our standard consumer broadband offering is truly unlimited and has no traffic management applied to it. For the reasons set out above, on Fibre Optic services we have applied a fixed limit or a cap to the amount of data that you may download.

You accept that we may apply limits to your use of any Service, which we provide. We may do this for various reasons including, without limitation, if your use of the Services is not appropriate or fair or affects (or may affect) other users’ enjoyment of the Service or is significantly different from the usage that we would expect from a typical consumer user. If you exceed any limits which apply to you personally or your Tariff Plan, you should be aware that this could result in us imposing on you: limits of access to the Services; and/or reasonable charges for use of our Broadband Service outside of any download and/or upload limits on our Broadband Service; and/or charges at our normal rates for calls which we regard as being beyond a ‘fair’ use of our UK Calls Service. We refer to this as our ‘Fair Use’ policy. You can obtain full details of this from Customer Services or by accessing our Website. Furthermore, if under which we could impose a limit, we may also, at our sole discretion, suspend or terminate your ability to access the Services but we will only do this is if it is reasonable in all the circumstances.

In addition, we reserve the right, at any time, to give priority to certain other users of our Network in preference to you. We may do this for various reasons and in various circumstances, which may include, without limitation, times when we offer new technology or products, such as voice over internet protocol (“VOIP”) which increase the demand on our Network. If you have registered your account with us, you must tell us promptly in writing if you change your name and address or there are any changes to your payment card arrangements, which may affect your payment of the Charges.