BT 4100 SMS manual Confidentiality

5853 BT Freestyle 4100 UG [3] 12/1/04 12:47 pm Page 77

BT Freestyle 4100 – Issue 2 – Edition 3 – 12.01.04 – 5853

SMS Service Conditions 77

(b)any instructions given by Bizzyline under para- graph 3.5(c); or

(c)the Code of Conduct.

5.5The 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.

5.6If 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.

5.7The 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

6.1Bizzyline 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.

6.2This 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.

6.3This paragraph 6 will remain in effect for 2 years after the termination of this Contract.