Relate SMS User Guide ~ Issue 2 ~ 2nd Edition ~ 20th August ’03 ~ 5538
SMS SERVICE CONDITIONS
Conditions for Bizzyline (Direct) Ltd, Issue 1, 5 July 2001 44
5.4 The Service must not be used by the Customer or any
Authorised User in a way that does not comply with:
(a) the terms of any legislation or any licence
applicable to the Customer or that is in any way
unlawful;
(b) any instructions given by Bizzyline under paragraph
3.6(c); or
(c) the Code of Conduct.
5.5 The Service must not be used by the Customer or any
Authorised User:
(a) fraudulently, in connection with a criminal of fence,
or other wise unlawfully;
(b) to send, r eceive, upload, download, use or re-use
any information or material which is offensive,
abusive, indecent, defamatory, obscene or menacing,
or in breach of confidence, copyright, privacy or any
other rights;
(c) to cause annoyance, inconvenience or needless
anxiety;
(d) to send or pr ovide unsolicited advertising or
promotional material or to receive responses to any
unsolicited adver tising or pr omotional material sent
or provided using the Service by any third par ty; or
(e) other than in accordance with the acceptable use
policies of any connected networks.
5.6 If the Customer, an Authorised User or anyone else,
with or without the Customer's knowledge or approval,
uses the Ser vice in contravention of paragraphs 5.1,
5.2, 5.3, 5.4 or 5.5. Bizzyline may treat the
contravention as a material breach of this Contract
which cannot be remedied for the purposes of
paragraph 10.
5.7 The Customer must indemnify Bizzyline against any
claims or legal proceedings which are brought or
threatened against Bizzyline by a third party because:
(a) the Ser vice is used in br each of the provisions of
this paragraph 5; or
(b) the Service is faulty or cannot be used by that third
par ty. Bizzyline will notify the Customer of any
such claims or proceedings and keep the Customer
informed as to the progress of such claims or
proceedings.
6. CONFIDENTIALITY
6.1 Bizzyline will keep in confidence any information
provided to it by the Customer when registering for the
Ser vice or otherwise under this Contract and will not
disclose that information to any person (other than its
employees, contractors, or professional advisers, or the
employees or contractors of a Bizzyline Group
Company who need to know the information) without
the Customer’s consent.
Conditions for Bizzyline (Direct) Ltd, Issue 1, 5 July 2001 13
6.2 This paragraph 6 will not apply to:
(a) any information which has been published other
than through a breach of this Contract;
(b) infor mation lawfully in the possession of the
recipient before the disclosure under this Contract
took place;
(c) information obtained from a third party who is free
to disclose it;
(d) infor mation which a party is requested to disclose
and if it did not could be required by law to do so;
or
(e) information which has been reduced by Bizzyline
to anonymous, non-personal form before
disclosure.
6.3 This paragraph 6 will remain in effect for 2 years after
the termination of this Contract.