We want you to enjoy using our Ludicrous Internet and telephone services (“Services”). But we also want to make sure that you use them in way that doesn’t harm the rights or safety of others. This is why, like other internet providers, Gigaair has an Acceptable Usage Policy (“AUP”). This AUP sets out rules for using our Services and our website www.gigaair.co.uk (“Website”) in an acceptable way, and for keeping the network we use to provide our Services (our “Network”) secure. It also sets out uses of our Services which we consider unacceptable and what we might do if you break the rules in this AUP.
Gigaair Ltd (“Gigaair”) is a Gigabit internet service provider (“ISP”). We’re a limited company registered in Scotalnd under company number SC638157 and our registered office is 18 Craigneuk Street, Wishaw, Ml2 7XD and main trading address is at 204 -206 Bath Street, Glasgow, G2 4HW. Our VAT number is 352 5249 00
We’re regulated in the UK by Ofcom. We’re also a member of the UK Wireless Internet Service Providers Association (“WISPA”) and Ombudsman Services (an independent alternative dispute resolution service) - you can find more information about these organisations in our Complaints Code of Practice.
RESPONSIBILITY FOR USE
In this AUP, when we use “we”, “us” or “our” we mean Gigaair Ltd and when we use “you” and “your” this also includes any other person (for example, anyone at your business premises or home (your “Premises”)) using your account to access our Services, Website or Network. When we use “free” or “unlimited” calls, we mean calls to UK numbers made using Gigaair’s telephone service, which we don’t charge you for. You can find details of our internet service and telephone service plans and standard tariffs (i) for residential customers in our Guide to Charges and Fees for Residential Customers and (ii) for business customers in either our Guide to Charges and Fees for Business Customers or our Dedicated Business Fibre Order Form (as applicable).
- You’re responsible for any use of our Services and/or Network made through your account with us (your “Account”), whether this is with your permission or not and for any use of our Website. You’re also responsible if this use breaks the rules of this AUP. This would be an “unacceptable use” and is your responsibility even if it happens or is attempted (i) without you knowing or agreeing to it, or (ii) by you contributing to it, or (iii) by you allowing it to happen or (iv) by you acting alone or with others.
- Gigaair isn’t responsible for any of your activities in using our Network or Website. You must decide whether any content or communications you access using our Services is appropriate for children or others at your Premises to view or use.
- You must always follow the rules in this AUP when you use our Services (as well as all other terms that apply to your agreement for Services with us) or our Website. This means you also need to make sure that anyone else accessing our Network or a through your Premises or accessing our Services through your Account knows about and follows these rules.
- When using our Services, you must follow all laws, regulations and other “Applicable Laws” (these are defined more fully in our Residential Customer Terms of Service, Business Customer Terms of Service and Dedicated Business Fibre Customer Terms of Service) that apply to you, and have any authorisations or permissions required by them.
- Some types of material infringe certain laws or regulations. These materials may be illegal to possess as well as to send or publish on the internet. You mustn’t post material which (i) infringes the intellectual property rights (e.g. trademarks or copyright) of others (ii) is false and could harm someone’s reputation, or (iii) makes us legally liable for hosting that material on our servers. More information on things you’re not allowed to use our Services or Website for is set out in the “Unacceptable Usage” section below.
- When using our Services or Website, you may end up on other networks or using other websites or services that we don’t own or operate. If this happens, you must follow the acceptable use policies and other terms and conditions set by the operators of those networks websites, and services. We aren’t responsible or liable for the content of any other person’s website, platform, apps or services, even if there’s a link to them from our Website.
- When you place an order for our Services, you’ll have to provide us with an email address. You must keep this email address active and notify us of any changes to it within 3 working days of the changes happening. You should do this by changing your email details in your online customer Account. You can access this through the “My Account” section of our Website. You’ll be treated has having read and accepted any email we may send to you at the email address you’ve provided to us.
If you have any comments or questions about this AUP, or there’s any part of it that you don’t understand, please feel free to let us know by email at email@example.com
It isn’t possible to set out exactly what makes for an “acceptable use” or an “unacceptable use” of our Services. Our AUP is meant to help you understand the types of use that are unacceptable. The list below doesn’t include every use that may be unacceptable to us (there may be others) but should help you understand the sort of behaviour we don’t allow or which is illegal.
You may only use our Network, Website and Services for lawful purposes. You can’t use them:
- in any way that breaks any laws or regulations that might apply (whether in the UK or elsewhere);
- in any way that’s criminal, illegal, unlawful or fraudulent, or that has any criminal, illegal, unlawful or fraudulent purpose or effect;
- to harm or try to harm children or other vulnerable people in any way;
- to send, knowingly receive, publish, post, contribute, distribute, disseminate, collect, access, encourage the receipt of, use, upload, download, record, review or stream, use or re-use any material that doesn’t follow our “Content Standards” section below;
- to send, or cause the sending of, anything related to pyramid selling schemes or any unsolicited communications or unauthorised advertising (like spam or nuisance calls). (If you do this we can block these materials or communications and you’ll have broken the rules of this AUP);
- to intentionally or negligently send any data, or send or upload material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, corrupted files, or any other harmful programs or similar computer code designed to harm computer software, hardware or telecommunications equipment owned by us or anyone else. (But you are allowed to pass samples of malware in a safe way to appropriate agencies in order to stop its spread);
- to carry on activities that infringe someone else’s rights. This includes (i) downloading, installing or distributing software that isn’t properly licensed (e.g. pirated software), (ii) deleting any author attributions, legal notices or labels/notices of ownership in any file that’s uploaded, (iii) falsifying the origin or source of any software or other material or (iv) not properly following the Data Protection Act 1998 (and any laws or regulations that change, add to or replace it in any way) when collecting or using an individual’s personal data, as set out in that Act;
- to monitor or record the actions (i) of any person, who’s allowed to be at your Premises, without their knowledge or (ii) of any person or thing outside your Premises including, among other things, any public highway or roadway or another person’s home or business premises; or
- to collect, stream, distribute or access any material that you know or should reasonably know, is illegal to collect, stream, distribute or access.
You must also not:
- reproduce, duplicate, copy, sell or re-sell any part of our Website, Network or Services;
- access without our permission, interfere with, damage or disrupt:
(i) any code or any part of our Website;
(ii) our Network or any equipment or network from which our Services or Website are provided;
(iii) any software used in providing our Services or Website; or
(iv) any equipment, network or software owned or used by someone else, if this is outside what we’d expect of someone using either our Services under a residential or business contract (whichever applies to you) or our Website;
- do anything that may disrupt or interfere with our Website Network or Services or cause our Website or Network, or any computer or other device connected to our Network, to crash;
- launch “denial of service” attacks, “mailbombing” attacks or “flooding” attacks against a network, or a device or computer connected to a network, (including, among other things, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, or any otherwise unspecified form of “denial of service” attack);
- let people, who don’t live or who aren’t at your Premises, access your Services;
- make excessive use of, or overload, our Network;
- avoid the user authentication or security process of a network or a computer or device connected to a network;
- create, send, store or publish any virus, Trojan, corrupting programme or corrupted data using our Website, Network or Services; or
- give false information on our on-line applications, sign-up forms or contracts. This would include (but isn’t limited to) giving wrong or fraudulent details or information (i) about direct debits, bank accounts or credit card numbers or (ii) in relation to a wayleave or other permission to install our Services at your Premises. If you do this, we can immediately end your agreement for our Services. You may also have criminal or other liability under law.
- We may from time to time provide interactive services on our Website, for example, Support Chat conversations, social media and Customer Forums (“Interactive Services”). Where we provide any Interactive Services, we’ll give you clear information about the kind of service offered, whether it’s moderated and, if it is, the sort of moderation that’s being used (e.g. whether it’s human or automated).
- We’ll do our best to work out any possible risks for users (especially for children) from other people when they use any Interactive Services, and will decide in each case whether to use moderation (and what kind this should be). However, we don’t have a duty to keep an eye on or moderate any Interactive Services. We also accept no responsibility for any loss or damage caused by someone who uses an Interactive Services but doesn’t follow the “Content Standards” section below (whether the Interactive Service is moderated or not).
- A child can only use an Interactive Service if their parent or guardian agrees to this. We advise parents or guardians who allow their children to use an Interactive Service to talk to their children about the risks involved with this and about staying safe online.
- Where we moderate an Interactive Service, we’ll normally tell you how you can contact the moderator, if there’s a problem.
This section sets out our content standards. These are rules which apply to all material you send, receive, communicate, publish, post, contribute, distribute, disseminate, collect, access, encourage the receipt of, use or re-use, upload, download, record, review or stream using our Network or Services and to any Interactive Services (as mentioned in the above section). We call these “contributions”.
As with unacceptable use, the list below doesn’t set out every standard which we may apply to your contributions but helps you understand what your contributions can and can’t contain. The standards apply to each part of any contribution, as well as to the whole contribution.
- be accurate (where they give facts);
- be genuinely held (where they give opinions); and
- follow the laws and regulations of the UK (and of any country they come from) that apply to them;
- contain false statements that harm anyone’s reputation;
- contain any material which is indecent, obscene, offensive, hateful or meant to stir up anger;
- promote sexually explicit material;
- encourage violence;
- encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right, intellectual property right or trade mark of any other person.
- be likely to deceive any person;
- be made by breaking a legal duty owed to another person, (like a duty under a contract or a duty to keep material secret);
encourage any illegal activity;
- be threatening, abuse or invade someone else’s privacy, or cause annoyance, trouble or unnecessary stress;
- be likely to trouble, upset, embarrass, alarm, scare or annoy any other person;
- be used to impersonate any person, or be dishonest about your identity or connection to any person;
- give the impression that they come from us, if this isn’t true; or
- encourage or help an unlawful act, like (as an example only) copyright infringement or computer misuse.
You’re responsible for protecting the account ID and password(s) you use to access our Services and your Accounts. You’re also responsible for any use of your password (even if you didn’t allow it).
- You shouldn't disclose your account ID or password(s) to anyone else. If you do, you’re responsible for their use of your account. If your account ID or password is disclosed or used without your permission, you must tell us immediately. You mustn’t use your account ID or password(s) to use our Network or Website, in a way that we’d find unacceptable. Nor should you use them to access or try to access other parts of our Network or Services where we haven’t given you permission to do this.
- You’re responsible for taking all reasonable steps necessary to stop someone else accessing our Network through your Account, where you’ve not given them permission to do this.
- You must protect your computer from viruses, adware, malware and spyware by installing and updating suitable anti-virus and security software. We’re not responsible for security problems with your computer, its files, or its applications.
- You must keep copies of your own data. We’re not responsible for any loss of your files or data.
- You must tell us immediately if you think that any part of this “Security” section has been breached.
We don’t have a traffic management policy, although we may choose to use one in the future (with or without notice). But our system does flag excessive use and if we believe that your use of the internet, our Network or Services is so excessive that other customers’ Services are being harmed, then we may give you a written warning (by email or otherwise) to reduce your use. If you don’t do this, we may suspend or end your Services.
HOW WE WILL DEAL WITH BREACHES
We can use either human or automated methods to see if you’re following this AUP. When you use our Services or our Website, you give us (or our agents or subcontractors) permission do this this by checking your networks and/or machines and your use of our Network, Website and/or Services.
- If we think you haven’t followed this AUP, we may investigate this. We’ll try to act reasonably and fairly when we do. If we decide that you haven’t followed this AUP, we can take any action (as set out in the next paragraph) that we think is suitable.
- If we find that you haven’t followed this AUP, you would also have broken our Residential Customer Terms of Service, Business Customer Terms of Service, Dedicated Business Fibre Customer Terms of Service and/or our Website Terms and Conditions, (whichever applies to you). This means we can either deal with the matter under whichever of these documents applies to you or take any of the following actions (with or without notice):
(i) immediate, temporary or permanent suspension or ending of your Services;
(ii) immediate, temporary or permanent removal of any posting or material uploaded by you to the internet using our Services or to our Website whether or not using our Services;
(iii) the issue of a warning to you;
(iv) legal proceedings against you to fully compensate us for all costs to us (including reasonable administrative and legal costs) resulting from you not following this AUP (this is called an indemnity and makes you 100% responsible for the full amount of any claim we have against you);
(v) further legal action against you; and
(vi) the disclosure of any information to law enforcement or other appropriate authorities or regulators that we reasonably think is necessary.;
We aren’t limited to the actions we’ve just set out – we can take any other action we think is reasonably appropriate. We don’t accept any liability resulting from actions we take because of you not following this AUP.
NOTIFICATIONS AND COMPLAINTS
Gigaair has a procedure for handling reports or complaints about this AUP.
If you’re reporting any illegal or unacceptable use of our Services or Website, please give us as many details and as much evidence as possible to help us understand and investigate the problem. This could mean copies of messages and/or headers, full URLs or log files showing unauthorised access to your account, depending on the type of unacceptable use you’re telling us about. Please always make sure you include a short description of why you’re making the report, together with your name and full contact details.
If you have any comments or queries about our AUP, or want to report an unacceptable use of our Network, Website or Services, please contact our Customer Support by sending an email to firstname.lastname@example.org.
You can find more information about our complaints procedures in our Complaints Code of Practice. Alternatively, you can ask us to send a copy of this to you.
JURISDICTION AND APPLICABLE LAW
Your Agreement with us is made under Scots law. If a dispute arises that we can’t settle between us, despite following our Complaints Code of Practice, it’ll be decided in the Scottish courts. If we choose to.
CHANGES TO THESE TERMS
We may update or change this AUP at any time. You should check it (on this page) from time to time to take notice of any changes we made, as they’re legally binding on you. Sometimes a notice or other provision on another part of our Website might replace part of this AUP.