Website Acceptable Use Policy - Template, Sample Form Pro · UK-law

Website Acceptable Use Policy

1. About this policy

1.1. The Site

This policy applies to the following website and all associated web pages, subdomains and applications:

________

("the Site")

1.2. The Website Operator

In this policy "We", "Our" and "Us" means the operator of the Site:

________, a ________ registered in England and Wales under company/registration number ________, whose registered office and principal place of business is at:

________

Our VAT registration number (if applicable) is: ________.

1.3. Website Users

In this policy "You", "Your" and "Yours" means any person who accesses or uses the Site.

2. Contacting us

You may contact us with any questions or concerns regarding this acceptable use policy by email at ________ or by post at the address set out at clause 1.2 above. You may also contact us by telephone on ________.

3. Accessing and retaining this policy

You may print or save a copy of this policy for future reference by using the print or save function of your browser or device.

4. Purpose of this policy

4.1. This policy sets out the standards that apply when you use the Site. It should be read together with our website terms of use and our privacy policy, which together govern your use of the Site.

4.2. By using the Site, you confirm that you accept and agree to comply with the standards set out in this policy.

4.3. If you do not agree to this policy, you must not use the Site.

5. Acceptable use of the Site

5.1. The Site is provided for your personal and non-commercial use only, unless we have agreed otherwise in writing.

5.2. We permit you to use the Site provided that you comply with this policy and our terms of use.

5.3. The Site may ordinarily be used for the following purposes:

________

6. Prohibited use of the Site

You may use the Site only for lawful purposes. You agree that you shall not:

6.1. use the Site in any way that breaches any applicable local, national or international law or regulation;

6.2. use the Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

6.3. use the Site to encourage, promote, facilitate or engage in any unlawful, illegal or fraudulent activity;

6.4. use the Site in breach of the Computer Misuse Act 1990, including by gaining or attempting to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

6.5. use the Site in any manner that promotes terrorism or contains terrorist content contrary to the Terrorism Act 2006 or the Counter-Terrorism and Border Security Act 2019;

6.6. use the Site to incite hatred, to harass, abuse or insult any person, or to send any communication that is grossly offensive, indecent, obscene or menacing contrary to the Communications Act 2003, the Malicious Communications Act 1988, the Protection from Harassment Act 1997, or the Equality Act 2010;

6.7. transmit, or procure the sending of, any virus, trojan, worm, logic bomb, malware or other material that is malicious or technologically harmful;

6.8. use the Site to send, knowingly receive, upload, download or use any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), in breach of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

6.9. use the Site in any way that disrupts, damages or interferes with its proper operation, or attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

6.10. use the Site in any manner that is harmful or potentially harmful to minors;

6.11. use, copy or reproduce any of our trademarks, logos, branding or other intellectual property appearing on the Site without our prior written consent;

6.12. use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors; or

6.13. use the Site if you are under the age of 18. Our services are not directed at, nor intended for use by, persons under the age of 18, and if you are under 18 you must not use the Site.

7. Using our identity and linking to our Site

You may link to our Site from another website (a Third Party Site) without our consent, provided that:

7.1. you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

7.2. the Third Party Site does not contain any content or operate in any manner that would breach any term of this policy;

7.3. you do not suggest or imply that we endorse, sponsor or are associated with any product, service or content available through the Third Party Site, where this is not the case; and

7.4. you do not display or otherwise use any of our trademarks or logos without our prior written permission.

We reserve the right to withdraw linking permission without notice.

8. Interactive services

8.1. The Site may provide interactive services, such as:

________

(Interactive Services)

8.2. Any contribution or submission you make using our Interactive Services must at all times comply with the content standards set out in clause 9 and, where applicable, clause 10.

8.3. We are not obliged to monitor, moderate or supervise any Interactive Service but may do so from time to time. Where we provide a moderated Interactive Service, we will normally tell you how that service is moderated and provide a means of contacting the moderator should a concern arise.

8.4. Although we will use reasonable endeavours to make our Interactive Services safe, we do not promise to monitor or review all content submitted, and, subject to clause 12, we accept no liability for any loss, harm or damage arising out of your use of, or any other person's use of, our Interactive Services.

8.5. We may, at our sole discretion and without prior notice, remove, edit, refuse to post or disable access to any content submitted through our Interactive Services.

9. Content standards

These standards apply to any and all content and material that you upload to, post on, or contribute to the Site, including through any Interactive Service. All such content and contributions must:

9.1. comply with all applicable local, national and international law and not be unlawful under any such law;

9.2. not promote, encourage or facilitate any act of terrorism or violent extremism;

9.3. be accurate (where the content states facts) and genuinely held (where the content states opinions);

9.4. where the content expresses an opinion, reflect your own genuinely held belief;

9.5. be your own original content, or content which you have the right to use and for which any necessary consents, licences or permissions of any third party owner have been obtained;

9.6. not be threatening, defamatory, discriminatory, offensive, hateful, malicious, deceptive, harassing or intimidating towards any other person, and not breach the Defamation Act 2013 or the Equality Act 2010;

9.7. not contain any sexually explicit, obscene or indecent material;

9.8. not infringe any copyright, database right, trademark or other intellectual property right of any other person;

9.9. not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

9.10. not give the impression that it emanates from, or is endorsed by, us where this is not the case; and

9.11. not misrepresent your identity or impersonate any person.

10. Additional standards applicable to videos, audio and photographs

10.1. Where the Site provides services enabling you to upload or share photographs, video or other multimedia content, the content standards in clause 9 apply, together with the following additional standards:

10.1.a. you must bring any multimedia uploaded or shared on the Site that contains restricted material to our immediate attention;

10.1.b. restricted material includes material containing content that would constitute, or would be punishable as, a criminal offence of:

- terrorism;

- sexual abuse;

- the sexual exploitation of children;

- the making, possession or distribution of indecent images of children;

- racism; or

- xenophobia;

restricted material also includes any material that is unclassified, unclassifiable, or rated (or suitable to be rated) for persons over 18, or which might impair the physical, mental or moral development of persons under 18;

10.1.c. you must not upload to, or otherwise share on, the Site any multimedia containing material likely to incite violence or hatred against any person or group of persons;

10.1.d. you must not upload to, or otherwise share on, the Site any multimedia that advertises:

- cigarettes or other tobacco products;

- electronic cigarettes or electronic cigarette refill containers; or

- any prescription-only medicine;

10.1.e. you may only upload to, or otherwise share on, the Site any multimedia that advertises alcohol if:

- the product is not specifically aimed at persons under the age of 18; and

- the content does not encourage the immoderate consumption of alcohol;

10.1.f. any multimedia you upload to, or otherwise share on, the Site that contains advertising must not:

- prejudice respect for human dignity;

- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

- encourage behaviour prejudicial to health or safety;

- encourage behaviour grossly prejudicial to the protection of the environment;

- cause physical, mental or moral detriment to persons under the age of 18;

- directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;

- directly encourage such persons to persuade their parents or others to purchase or rent goods or services;

- exploit the trust of such persons in parents, teachers or others; or

- unreasonably show such persons in dangerous situations; and

10.1.g. any multimedia uploaded to, or otherwise shared on, the Site for advertising purposes must, so far as is reasonably practicable, be readily recognisable as an advertisement and must not convey any message subliminally.

11. Breaches of this policy

11.1. Where we determine, in our reasonable discretion, that there has been a breach of this policy, we may take such action as we deem appropriate, including (without limitation):

- issuing you with a formal warning;

- immediate, temporary or permanent withdrawal of your right to access and use the Site;

- immediate, temporary or permanent removal of any content uploaded or contributed by you;

- issuing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, without limitation, reasonable administrative and legal costs) resulting from the breach; and/or

- disclosing such information to law enforcement authorities, regulators or other relevant agencies as we reasonably consider necessary or as required by law.

11.2. The responses described in clause 11.1 are not exhaustive, and we may take any other action we reasonably deem appropriate.

11.3. We exclude our liability for all action we may take in response to breaches of this policy.

12. Limitation of liability

12.1. We have taken all reasonable steps to ensure that the content of the Site is accurate and up to date. However, we make no representations, warranties or guarantees, whether express or implied, that the content of the Site is accurate, complete or up to date.

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12.4. If you are a business user, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. Data protection

We will only use any personal data we collect through your use of the Site in accordance with our privacy policy and our obligations under the UK General Data Protection Regulation and the Data Protection Act 2018.

14. Changes to this policy

We may revise this policy from time to time. The revised policy will apply to your use of the Site from the date it is posted on the Site. You should check this page periodically to take notice of any changes, as they are binding on you.

15. Governing law and jurisdiction

15.1. This policy, its subject matter and its formation are governed by the law of England and Wales.

15.2. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, save that if you are a consumer resident in another part of the United Kingdom you may also bring proceedings in your home jurisdiction.

This policy is up to date as of: ________.