- The Purpose of this AUP and the Consequences of Breaching it
- Offensive and Unlawful Material
- Postings and Messages
- Other Prohibited Activities
- Changes to this AUP
1. The Purpose of this AUP and the Consequences of Breaching it
1.1 This AUP sets out the rules which apply when you use a service provided by Lexonis (a Lexonis Service).
1.2 This AUP is designed to help protect Lexonis, its suppliers and its customer base as a whole from the consequences of irresponsible, illegal and unlawful activities; it is in everyone’s interest that all users of Lexonis Services comply with this AUP.
1.3 This AUP is part of each Client’s Agreement with Lexonis. If you breach this AUP, Lexonis may suspend or terminate the Client’s use of any Lexonis Service in accordance with the Agreement between Lexonis and the Client for that Lexonis Service, and Lexonis may claim damages for any loss caused by that breach.
1.4 If Lexonis thinks that your use of any Lexonis Service involves, or may involve, any illegal or unlawful activity, it may report that activity to the Client and the appropriate authorities.
1.5 If anyone alleges that your use of any Lexonis Service is, or involves, any illegal or unlawful activity, Lexonis may co-operate with any investigation into that activity and may disclose any information to any law enforcement or regulatory authority and to any other interested party.
1.6 Lexonis may delete, edit, block or permanently remove from its systems any material if it has reason to believe that that material is unlawful or illegal or in some other way breaches this AUP. In particular, Lexonis reserves the right immediately to remove or disable access to any material on its systems which:
1.6.1 Lexonis deems to be defamatory or potentially defamatory;
1.6.2 is, or is alleged to be, an infringement of intellectual property rights;
1.6.3 is, or is alleged to be, obscene or pornographic; or
1.6.4 is, or Lexonis suspects is, infected with a virus or which might infect or corrupt Lexonis’s data or systems or the data or systems of any other person.
1.7 Each Lexonis Client must ensure that its users and everyone who accesses or uses any Lexonis Service through that Client’s IT systems comply with this AUP.
Lexonis may, but is not obliged to, monitor your or any other person’s use of any Lexonis Service. Lexonis may operate systems to monitor compliance with this AUP.
3. Offensive and Unlawful Material
3.1 You must not, when using any Lexonis Service, store, publish or transmit any material which:
3.1.1 is defamatory, a malicious falsehood or a seditious libel;
3.1.2 is obscene, indecent, lewd, pornographic, or sexually explicit;
3.1.3 is violent, abusive, offensive, threatening, menacing or harassing;
3.1.4 facilitates or encourages any activity or conduct which is or may be defamatory, or a malicious falsehood or a seditious libel, obscene, indecent, lewd, pornographic, violent, abusive, offensive, threatening, menacing or harassing;
3.1.5 involves terrorism, theft, fraud, drug-trafficking or money laundering;
3.1.6 is, or is likely to be understood as, encouragement or other inducement to prepare, instigate or commit any act of terrorism;
3.1.7 is an invasion of privacy or a breach of any data protection principle or legislation;
3.1.8 is discriminatory in any way, including by way of sex, race, or age discrimination, or is likely to incite or capable of inciting racial hatred, sadism or cruelty;
3.1.9 infringes another person’s copyright, database right, trade mark, patent, or other intellectual property right;
3.1.10 is intended to assist in defeating any technical copyright protection;
3.1.11 discloses any trade secret or other confidential information without the permission of the owner of the same;
3.1.12 is blasphemous;
3.1.13 contains any virus, corrupted data, Trojan horse or anything else which might damage, destroy or render inaccessible any data or files on any system or any network;
3.1.14 is in any way unlawful or illegal or encourages any unlawful or illegal act or omission under any law which applies to you or to Lexonis or to any of Lexonis’s suppliers.
4. Postings and Messages
4.1 You must not use any Lexonis Service to:
4.1.1 post any material or send any message which is intended to harass, inconvenience or annoy anyone, or cause them needless anxiety; or
4.1.2 post any material or send any message if its content breaches section 3 of this AUP.
4.2 You must not use the Lexonis Service to send any marketing message or advertising.
5. Other Prohibited Activities
5.1 You may not use any Lexonis Service to do or attempt to do any of the following:
5.1.1 obtain unauthorised access to, or the use of, any data, content, service, system or network, unless you have the permission of the owner of that data, service, system or network;
5.1.2 probe, scan or test the vulnerability of any system or network or breach any security, verification or authentication measures (including those of Lexonis) unless you have the permission of the owner of that system or network;
5.1.3 monitor data or traffic on any network or system unless you have the permission of the owner of that system or network;
5.1.4 interfere with the provision of any service (including a Lexonis Service) to any other person, system or network, or adversely affect the operation of any service, system or network (including those of Lexonis), whether by mail bombing, flooding, overloading any system or network, broadcast attack, transmissions causing a system or network crash, or in any other way;
5.1.5 use an account or an IT system unless you have the owner’s permission to do so;
5.1.6 collect information by deceit (including, without limitation, internet scamming password theft, phishing, security hole scanning, and port scanning);
5.1.7 distribute software which covertly gathers or covertly transmits information about a person; or
5.1.8 carry out any other unlawful or illegal activity.
5.2 You must not omit, remove, falsify or misrepresent any transmission information, including but not limited to any:
5.2.1 TCP-IP packet header;
5.2.2 message header; or
5.2.3 IP address.
5.3 You must not use any Lexonis Service in a way which:
5.3.1 interferes with the normal operation of that service; or
5.3.2 consumes a disproportionate share of the resources of that service.
6. Changes to this AUP
6.1 The internet, how it is used and may be misused, and the law relating to that use and misuse, frequently change. Therefore Lexonis reserves the right to update or modify this AUP from time to time without prior notice by publishing the revised version of this AUP on its website.
6.2 You must check this page and the Lexonis website at /aup for updates and modifications to this AUP. Those updates and modifications will be binding on you (even if you have not taken the trouble to check whether there have been any changes to this AUP).
6.3 This AUP was last updated in on 22 December 2014.