1.1 This Acceptable Use Policy (“Policy”) defines the acceptable use of Vodafone’s information technology, hosting, network, internet-based and telecommunication related products and services (each, a "Service" and collectively the "Services") provided by Vodafone Group Plc and/or its affiliates (together “Vodafone”) to each of its customers (each a “Customer”). In this Policy, a “User” means an individual end user of the Service provided to the Customer.
1.2 The Customer: (a) may allow Users to use the Services and shall make sure that Users do so consistently with this Policy, whether such use is authorised or unauthorised by Customer; (b) shall be responsible for Users’ authorised or unauthorised use of the Services, including payment obligations, whether to Vodafone or to third parties (such as providers of content, goods or services); and (c) is responsible for protecting its passwords and for any authorised or unauthorised use made of such passwords.
1.3 The Customer shall notify Vodafone as soon as reasonably practicable of any violation of this Policy and must cooperate in any efforts to stop or remedy the violation.
1.4 Vodafone reserves the right to change this Policy from time to time. Please note that this Policy was last updated April 2018.
1.5 Any phrases introduced by the terms "including", "include", "in particular" or any similar expression are deemed to have the words “without limitation” following them and are construed as illustrative and do not limit the sense of the words preceding those terms.
2.1 The Customer will not (whether actually or attempted, directly or indirectly) use the Service (including through another provider’s service using a Vodafone account or remailer) to effect or participate in any of the following activities (a “Prohibited Activity”):
2.1.1 Message or Content Abuse
(a) Sending or publishing unsolicited bulk messages, content, posts or communications in any form ("spam").
(b) Producing content that may be regarded as: (i) harmful to others, or Vodafone’s operation or reputation, (ii) contrary to a commercial agreement (e.g. breach of a non-disclosure obligation), (iii) abusive, (iv) obscene, (v) deceptive, (vi) a nuisance, or (vii) fraudulent.
2.1.2 Security or Network Abuse
(a) Falsifying user or other Service related information, including omitting, deleting, forging or misrepresenting transmission information provided to Vodafone or to other Service users; including headers, return mailing, Internet protocol addresses or any other part of a message describing its origin or route.
(b) Withholding or cloaking Customer's identity, origin or contact information; including assuming a sender’s identity without the sender’s explicit permission.
(c) Accessing or threatening the integrity or security of any device, network or computer system, without proper authorisation; including, transmission of worms, viruses or other malicious codes.
(d) Using any part of the Services with the intention of adversely affecting the operation or users of any computer system or network (including the Internet); including, denial of service attacks, web page defacement, port and network scanning, and unauthorised system penetrations.
(e) Using or permitting anyone to use the Service to guess passwords or access other systems or networks without written authorisation.
2.1.3 Harmful, Deceptive or Illegal Activities
(a) Violating any law or regulation (including, libel, slander, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights);
(b) Engaging in other activities that degrade or interfere with users of the Service or other connected services.
(c) Avoiding incurring charges in a way that is inconsistent with good faith commercial practice.
3.1 Vodafone may suspend, terminate and/or deny traffic to a Customer's Service at any time for any material failure of Customer to comply with this Policy or for Customer engaging in a Prohibited Activity (as determined by Vodafone, in its sole and absolute discretion).
3.2 Vodafone may, but does not assume the obligation to, where feasible, implement technical mechanisms to prevent a Prohibited Activity.
3.3 If a network or network device is compromised, Vodafone may assist in the tracking and/or expulsion of an offender on the network level to the extent Vodafone finds reasonable.
3.4 If the Service is the subject of a distributed denial of service attack (or other activity comparable to such an attack) whether or not such attack affects other customers, Vodafone may, but is not obliged to, disconnect the Customer’s IP address or addresses from the Vodafone Network, or otherwise mitigate the attack, until such time as the attack has ceased.
3.5 Vodafone may charge the Customer the direct and indirect administrative costs and expenses associated with preventing or responding to Customer’s violation of this Policy including identifying and removing offenders from the Service and responding to associated third party complaints.
3.6 Nothing in this Policy limits Vodafone’s rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.
4.1 The following terms apply to Internet Data Centres (“IDC(s)”) in addition to, and to the extent not in conflict with, the individual rules of the IDC.
4.2 Only Customer personnel formally approved by Vodafone in writing on a customer registration form may access the IDCs (“Authorised Personnel”). Customer shall give Vodafone prior written notice of any changes to the list of Authorised Personnel. Customer will not allow any unauthorised persons to attempt to access an IDC.
4.3 Customer may only access the portion of an IDC made available by Vodafone to Customer for the placement of Customer's equipment and use of the IDC Services, unless otherwise approved and accompanied by an authorised Vodafone representative.
4.4 Customer will adhere to all security and safety measures and guidelines notified to Customer by Vodafone when accessing an IDC.
4.5 Customer must provide Vodafone with at least 48 hours prior notice any time Customer intends to connect or disconnect any equipment at an IDC.