BT 4100 SMS - Manual (Page 77)

77
BT Freestyle 4100 – Issue 2 – Edition 3 – 12.01.04 – 5853
(b) any instructions given by Bizzyline under para-
graph 3.5(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
offence, or otherwise unlawfully;
(b) to send, receive, 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 provide unsolicited advertising or
promotional material or to receive responses to
any unsolicited advertising or promotional mate-
rial sent or provided using the Service by any
third party; 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 Service in contravention of para-
graphs 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 Service is used in breach of the provisions of
this paragraph 5; or
(b) the Service is faulty or cannot be used by that
third party.
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 Service 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.
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) information 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) information 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.
SMS Service Conditions
5853 BT Freestyle 4100 UG [3] 12/1/04 12:47 pm Page 77