Pozitive Planet | Pozitive Planet Telecoms: Acceptable Use Policy

Our full Terms and Conditions can be here: Pozitive Telecom LTD – General terms and conditions

General
- This Acceptable Use Policy (“Policy”), forms part of Customer’s Agreement with Pozitive, as defined in Section 2 of the ‘Terms’ and Section 2.7.1.1 of the ‘Mobile Services – Service Terms’ (as applicable) (“Terms and Conditions”). The Policy covers the usage obligations for Customer and their Users[1] in respect of the Pozitive Services and all equipment provided by Pozitive to Customers in connection with the Pozitive Services.
- The Policy also has a section covering the behaviour that Pozitive expects of Customers and Users, whether interacting with Pozitive employees and agents (in person, over the phone or on webchat) or other users of Pozitive services.
- Customer must notify Pozitive as soon as reasonably practicable of any breach of this Policy and must cooperate with Pozitive promptly and follow its reasonable instructions in order to stop or remedy such breach.
- Capitalised terms (that aren’t proper nouns) used within this Policy shall be as defined in the Terms and Conditions.
- Pozitive shall at all times act reasonably and in good faith in connection with the application and enforcement of this Policy.

Updates to the Policy
- Pozitive may update or amend this Policy at any time, and any such policy will be available on the Pozitive website: www.pozitiveplanet.com. Customer’s continued use of the Pozitive Services after any change to the Policy constitutes acknowledgement and acceptance of the updated Policy.

Prohibited Activities using Pozitive’s Services
- Customer must, and shall procure that Users must, only use the Pozitive Services:

as set out in this Policy and the Terms and Conditions;
for legitimate and reasonable business purposes, and such use should not exceed that reasonably expected of a reasonable person using them for these purposes . As an example, without limitation, Pozitive consider that if Customer/Users regularly use multiple devices with one SIM or multiple SIMs with one device, that this is unlikely to be legitimate use as intended under the Terms and Conditions; and
for Customer’s and Users’ own direct use. This means Customers and Users must not resell or commercially exploit any of Pozitive Services or Pozitive’s content.
- Customer shall be responsible for Users’ authorised or unauthorised use of the Services and shall be responsible for using appropriately strong passwords and keeping them secure and for any use made of those passwords.
- Customer and/or their Users must not directly or indirectly use Pozitive Services, the SIM or Pozitive phone number, or allow anyone else to use Pozitive Services, the SIM or Pozitive phone number for unlawful or improper uses, including without limitation:
for fraudulent, criminal or other unlawful activity which includes (without limitation) making nuisance calls, unlawful file-sharing or downloads, or viewing unlawful content;
in any way which breaches another person’s rights including copyright or other intellectual property rights;
generating content or otherwise using the Service that in any way may be, or may be perceived as harmful to others, or Pozitive’s services or reputation, is offensive, threatening, abusive, indecent, defamatory, obscene or an annoyance, or is otherwise contrary to Applicable Law;
to copy, store, modify, publish or distribute Pozitive Services, equipment or their content, except where Pozitive gives Customer permission. This includes, without limitation, any attempt by Customer or a User to interrogate a SIM Card or reverse engineer the code on a SIM Card;
to download, send or upload content of an excessive size, quantity or frequency or to make an unusually high volume of calls, (judged in each case in relation to customers’ typical use of such services), such that the Customer’s use is having, for example, a material adverse impact on Pozitive’s network, systems and/or other customers. Pozitive will contact the Customer if the Customer’s or a User’s use is deemed excessive and discuss steps to remedy the issue (discussed further in section 6 below);
usage that is contrary to good faith commercial practice;
threatening the integrity or security of any device, network or system including the transmission of viruses, harmful components or malware;
to send or publish bulk messages (including but not limited to marketing messages, notifications or automated content), make bulk phone calls or to generate artificially inflated traffic or act in any way which breaches any security or other safeguards or in any other way which harms or interferes with the Pozitive Network, the networks or systems of others or Pozitive Services; or
to use or provide to others any unauthorised directory or details about Pozitive customers

each a “Prohibited Activity.”

Customer and/or their Users must:

When using the Services, not show or send content from any age-restricted services to anyone under 18; and
ensure that access to any age-restricted services is deactivated if anyone under 18 uses the equipment through which Services are accessed.

Responsible Use of Services
- Customer must, and shall procure that Users must, only use the Services as set out in within this Policy, and Section 6 of the applicable Terms and Conditions. If a Customer or a User is in breach of this Policy and/or Section 6 of the Terms and Conditions, Pozitive shall have the right to:

take appropriate action, including suspension and/or termination of the Pozitive Services wholly or partially, in accordance with this Policy and/or the relevant Terms; or
take recourse as set out in Section 6 of this Policy and/or the Terms and Conditions.

Abusive or Harassing Behaviour by Customer or Users
- Customer acknowledges and agrees that Pozitive has a zero-tolerance approach towards bullying and harassment in any form. As part of this, Pozitive believes that everyone has the right to be treated with dignity and respect and Pozitive does not condone any types of unacceptable behaviour or abuse including harassment, intimidation or bullying of Pozitive’s customers or employees. If Pozitive determines in Pozitive’s sole opinion (acting reasonably) that Customer or their Users have acted in a manner that is inconsistent with reasonable customer behaviour and in breach of this Section, Pozitive reserves the right to respond in the following ways:

If Customer or their Users abuse or harass Pozitive’s contact centre advisors, Pozitive follow a “One Strike” policy to cease the conduct immediately or the interaction will be terminated. If the abuse or harassment continues, the advisors will end the call or webchat and make a record of the incident on Customer’s account.
Depending on the severity and frequency of the abuse, Pozitive may decide to suspend or disconnect Customer’s account and/or the Pozitive Service(s) wholly or partially, as well as take additional measures to prevent contact with Pozitive’s advisors in the future, for example by blocking Customer’s IP address(es) and/or number(s).
Any threatening conduct will be reported to the police immediately, and a record will be placed on Customer’s account.
- If Customer’s and/or its Users’ conduct results in disconnection of Customer’s account and/or the Pozitive Service(s) wholly or partially, an Administration Fee as set out in our price list [insert link] may be payable in addition to all outstanding sums payable under Agreement falling immediately due. Please see clauses 6 and 15 of the relevant Terms and Conditions.

Monitoring and Breaches of the Policy
- Pozitive may, in its sole discretion (acting reasonably), run manual or automatic systems and monitoring of the volume and type of use of the Pozitive Services by Customer or their Users’ in order to ensure that such use is compliant with the relevant terms of this Policy and the Terms and Conditions at all times. Pozitive may also carry out such monitoring activity where required or permitted by Applicable Law.
- If Pozitive believes that Customer or their Users have breached this Policy or Section 6 of the Terms and Conditions, or Customer has engaged in a Prohibited Activity, the actions Pozitive may take may include but are not restricted to:

investigating the possible breach;
notifying Customer of the breach;
contacting Customer to gather further information, request Customer or their Users moderate their usage, or to discuss Pozitive’s concerns;
issuing a formal warning to Customer;
blocking electronic communications which Pozitive reasonably believes have breached this Policy or the Terms and Conditions;
restriction of Customer’s or User’s access to all or any part of the Pozitive Services with immediate effect;
introduce traffic management measures;
whole or partial suspension of Customer’s account and access to the Pozitive Services with immediate effect; and/or
whole or partial termination of Customer’s account(s) and access to the Pozitive Services with or without notice;
- Additional action may apply if Pozitive believes that Customers or Users have engaged in conduct that could be viewed as abusive or harassing towards Pozitive’s employees, contractors or agents. These are detailed above in Section 5.
- Pozitive reserves the right to charge Customer any costs and expenses (properly and reasonably incurred), whether direct or indirect, associated with preventing or responding to Customer’s breach of this Policy and/or responding to associated third party complaints.
- Nothing in this Section limits Pozitive’s rights and remedies (available at law or in equity) in any way with respect to a breach of this Policy, a Prohibited Activity or the Terms and Conditions.

Data Protection
- Pozitive reserves the right to use Customer account information and Users’ Personal Data (as defined in the Terms and Conditions) in connection with any investigation carried out by Pozitive in accordance with this Policy, the Terms and Conditions and Pozitive’s privacy notice, available at https://pozitiveplanet.com/legal/privacy-policy/. For example, Pozitive may disclose relevant data and account information to any third-parties that Pozitive considers have a legitimate interest in any such investigation or its outcome, including without limitation, the police.

[1] In this Policy, a “User” means an individual end user of the Service provided to the Customer.