Use of the Services provided by euNetworks to its Customer is subject to compliance with this acceptable use policy ("AUP"). If not defined, capitalised terms used in this AUP have the meaning in the Master Services Agreement between euNetworks and its Customer.
1. It is the Customer's responsibility to ensure that no content or services are provided or made available by the Customer or to any customers or end-users of the Customer , which violate applicable laws. In this document, reference to the Customer shall always include the Customer's customers.
2. Nothing in this policy shall constitute or be construed as constituting an obligation for euNetworks to monitor the legality of the Customer's services or acknowledging any responsibility for the Customer's actions or inactions
3. The Customer agrees that it may be held liable for actions or inactions of its customers, in particular if the Customer fails to take action in the event that it obtains actual knowledge of an infringement of this AUP.
4. The Customer agrees that whilst the contractual relationship with euNetworks is governed by the law as specified in the relevant Master Services Agreement or Customer Order, other national or international laws may be applicable. A violation of these laws also constitutes a violation of the Customer contract entitling euNetworks to impose the agreed sanctions on the Customer including those stated under 7(d) below. For example, in the case of electronic communication, the law of the recipient is applicable to determine whether electronic communication is spam or legitimate e-mail. In brief, it is the customer's sole responsibility to ensure that domestic laws as well as laws applicable in the country of the addressee of the services are being abided by.
5. The Customer agrees that it will not, and will not allow third parties to, use the Services:
a. to generate or facilitate unsolicited bulk commercial email (spamming);
b. to violate, or encourage the violation of, the legal rights of others;
c. for any unlawful, invasive, infringing, defamatory, or fraudulent purpose, including for any purpose related to illegal file sharing, gambling or gaming;
d. to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature or to otherwise disseminate illicit code; or
e. to alter, disable, interfere with or circumvent any aspect of the Services with the potential effect of endangering or detrimentally affecting the integrity of euNetworks' network.
6. The Customer agrees that it will not under any circumstances use or allow use by third parties of euNetworks' Services for making available, linking to or endorsing any of the following subject matter:
a. child pornography or depictions of children and young people in an unnatural sexual pose including virtual depictions thereof;
c. Nazi propaganda or incitement to racial hatred;
d. denial of Holocaust;
e. illegal depictions of cruelty or glorification of violence against human beings or virtual depictions thereof;
f. glorification of war; or
g. depictions of people suffering in a manner that violates their human dignity
Breaches of sections 5 and 6 of this AUP by the Customer shall constitute a material breach of this policy.
7. The parties agree that the following complaints procedure shall apply in respect of breaches of sections 5 and 6 of this AUP and the Customer authorises euNetworks to take such actions necessary to mitigate any liability or risk for euNetworks, its directors, employees or agents as is necessary as a result of a breach of this AUP by the Customer.
a. Communication under this complaints procedure shall be provided in writing which shall include e-mail. In the event that euNetworks obtains knowledge of use of its Services which is either a) in breach of this AUP, or b) otherwise unlawful, euNetworks will inform the Customer. The Customer must respond to this communication within 48 hours, unless a shorter response time is required (and in such circumstances euNetworks will specify the response time required).
b. Within its response, the Customer must state how it will remedy the alleged breach of sections 5 or 6 and when it will do so.
c. The Customer will provide euNetworks with evidence that the breach has been remedied within the deadline proposed by the Customer in its responseWhere required by third parties or otherwise appropriate, euNetworks may make the provision of Services dependent on the execution of a cease and desist declaration or evidence that a Customer's own customer has been permanently excluded from using the services where this Customer's customer was responsible for the breach.
d. In the event that the Customer commits a breach of sections 5 or 6 of this AUP, euNetworks is entitled at its sole discretion to suspend the provision of the Services, or to terminate summarily the relevant Customer Order (either totally or partially):