Acceptable Use Policy

Last substantive change: 9 April 2020

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This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access. This policy may change as Howamigoing grows and evolves, so please check here regularly for updates and changes. Capitalised terms used below but not defined in this policy have the meaning set out in the User Terms of Service and the Customer Terms of Service.

Prohibited purposes

You may use the Websites and/or the Services only for lawful purposes.

You may not use the Websites and/or the Services:

In any way that breaches any applicable local, national or international law or regulation
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
For the purpose of harming or attempting to harm minors in any way
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of the Websites and/or the Services in contravention of the provisions of the User Terms
Not to access without authority, interfere with, damage or disrupt any part of the Websites and/or the Services; any equipment or network on which the Websites and/or the Services is stored; any software used in the provision of the Websites and/or the Services; or any equipment or network or software owned or used by any third party.

The nature of the Services is such that we will permit you, via the Websites and/or the Services, to interact with other individuals to obtain and give feedback. We will do our best to assess any possible risks for third parties when they respond to Feedback Requests and we will decide in each case whether it is appropriate to use moderation of the Websites and/or the Services (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Websites and/or the Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by an Authorised User in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise

Content standards

Whenever you make use of a feature that allows you to make contact with a person via the Websites and/or the Services, you must comply with the content standards set out below. The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of your Contributions as well as to its whole.

You warrant that your Contributions comply with the content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We will determine, in our discretion, whether your Contribution or the contents of your Feedback breach the content standards.

A Contribution must:

Be accurate (where it states facts)
Be genuinely held (where it states opinions)
Comply with the law applicable in England and Wales and in any country from which it is posted

A Contribution must not:

Be defamatory of any person
Be obscene or offensive
Be hateful or inflammatory
Promote sexually explicit material
Promote violence
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
Infringe any copyright, database right or trademark of any other person
Be likely to deceive any person
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
Promote any illegal activity
Be in contempt of court
Be threatening, abuse or invade another's privacy
Impersonate any person, or misrepresent your identity or affiliation with any person
Give the impression that the Contribution emanates from us, if this is not the case
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
Contain any advertising or promote any services or web links to other sites

When we consider that a breach of these content standards has occurred, we may take such action as we deem appropriate.

Failure to comply with these content standards constitutes a material breach of the User Terms upon which you are permitted to use the Websites and/or the Services, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Websites and/or the Services
Immediate, temporary or permanent removal of any Contribution uploaded by you to the Websites and/or the Services
Issue of a warning to you
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
Further legal action against you
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law

We exclude our liability for all action we may take in response to breaches of these content standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

We also have the right to disclose your identity to any third party who is claiming that any Contribution submitted, transferred or shared by you via the Websites and/or the Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove your Contribution or refuse to share your Feedback if, in our opinion, it does not comply with these content standards.

You are solely responsible for securing and backing up your content. Please note that from the commencement of starting to draft a Feedback Request, you will have a maximum of 24 hours of idle time within your browser to complete the relevant online form otherwise your entries will lost.

Viruses

We do not guarantee that the Websites and/or the Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Websites and/or the Services. You should use your own virus protection software.

You must not misuse the Websites and/or the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

You must not attempt to gain unauthorised access to the Websites and/or the Services, the server on which the Websites and/or the Services are stored or any server, computer or database connected to the Websites and/or the Services.

You must not attack the Websites and/or the Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites and/or the Services will cease immediately.

Linking to the Websites and/or the Services

You may link to the Websites and/or the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Websites and/or the Services in any website unless you are permitted to do so.

Our Websites and/or the Services must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out above.

If you wish to link to or make any use of content on the Websites and/or the Services other than that set out above, please contact hello@howamigoing.com.