The Client and their end users shall not, nor shall they permit, enable, or assist others, to use the Services for any breach of any applicable law or generally accepted transmission or application protocols applicable to the Internet or any part of it or to anything connected to it or to any user of it. Such prohibited use includes but is not limited to the following:
- civil infringement of and/or criminal offences relating to copyright, trade marks or any other intellectual property right in any jurisdiction; or
- commission of any criminal offence (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 (UK) or any similar legislation in any country; or
- knowingly or recklessly transmitting, displaying or posting to a publicly accessible service any material which is unlawful or actionably defamatory or an invasion of privacy, breach of an intellectual property right or breach of a right of publicity in any jurisdiction with which any publicly accessible service reasonably appears to have any connection or from which it may reasonably be apprehended that a publicly accessible service is likely to be significantly accessed. Unlawful material includes Child Sexual Abuse Material (CSAM). CSAM is any material that visually depicts a child in real or simulated explicit sexual activities, or any representation of the sexual parts of a child for primarily sexual purposes, by any means, including photography, video, drawings, cartoons and live streaming. If a client is made aware of CSAM material on their site(s), they are expected to support its prompt and effective removal, following the Interim code of practice on online child sexual exploitation and abuse, published jointly by the UK Government's Department for Digital, Culture, Media and Sport and Home Office in December 2020. Further information about appropriate policies, procedures, actions, training and communication, are outlined in the UNICEF GSMA 2016 Guidelines “Notice and Takedown: Company policies and practices to remove online child sexual abuse material”;
- transmitting, transferring, displaying or posting to a publicly accessible service any material in breach of the Data Protection Act 1998 (UK) or the General Data Protection Regulation (EU Regulation 2016/679) or any similar legislation in any other country or of any material which is confidential or is a trade secret or which affects the national security of the United Kingdom or the said territory or which may expose RapidSwitch to any retribution or penalty under the laws and/or regulations and/or decrees of the United Kingdom or any other country relating to the export of or dealing with military or potentially military resources; or
- use of the Software, Services or the Internet in any manner which is a violation or infringement of any rights of any kind or nature (whether like to any of the foregoing or otherwise) of any person, firm or company; or
- unauthorised access to the network management equipment of RapidSwitch or other Internet service providers; or
- forgery of Internet addresses or other fields in IP packets by the Client; or
- any sending of unsolicited email messages or any mass mailing of unsolicited advertising material by the Client; or
- any activity that potentially could harm the RapidSwitch Network, its clients' networks or other networks, including but not limited to traffic flooding, malicious overflows, etc; or
- any activity that RapidSwitch decides at its absolute discretion is an unsuitable use of the Services.