Acceptable Use Policy

Bink Broadband want you to have an enjoyable experience whilst using our Website, Network and/or Services, however, we also want to ensure that you use our Website, Network and/or Services in a way that doesn’t harm the rights and/or safety of yourself and others.

Consequently, Bink Broadband has created this Acceptable Usage Policy.

1. About Bink Broadband

Bink Broadband Limited (the “Company”) is registered in England and Wales under number 05495621, whose registered address is 44a Stepney Street, Llanelli, SA15 3TR. Our VAT number is 940 2673 33.

We are regulated in the UK by Ofcom, the UK communications regulator. We are also a member of the UK Wireless Internet Service Providers Association (“UKWISPA”) and Ombudsman Services (an independent alternative dispute resolution service)

2. Definitions

     
Bink, Bink Broadband, We, Us or Our   means Bink Broadband Limited, a company registered in England and Wales under number 05495621, whose registered address is 44a Stepney Street, Llanelli, SA15 3TR
     
Website   means https://binkbroadband.wales/, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
     
Network   means the broadband network supplied by Bink Broadband or Openreach which we use to provide you Services.
     
Openreach   Openreach Limited maintain and operate the UK’s Public Copper & Fibre Optic Networks. Most communication providers rely on Openreach to provide their service to their end users.
     
Services   means any service included in our Price Guide.
     
You, Your, Yourself or Customer   refers to a customer of Bink Broadband and any other person using your customer account, a device or login to access our Website, Network and/or Services.

3. Scope

This Acceptable Use Policy applies to all Websites, Networks and/or Services supplied by Bink Broadband.

Our intent is to assist in protecting our customers from inappropriate use of our network and/or services and your use of any network and/or service provided by Bink Broadband represents your acceptance of this Acceptable Use Policy.

In addition to the responsibilities set out in this Acceptable Use Policy, customers using our services to connect to the Internet must comply with all relevant legislation, including but not limited to:

  • Communications Act 2003
  • Computer Misuse Act 1990
  • Investigatory Powers Act 2016

4. Responsibility for Use

You are responsible for any use of our Website, Network and/or Services made through your Account with us, a device or login regardless of whether this is with your permission or not.

You are also responsible for all use of our Website, Services and/or Network even if it happens or are attempted:

  • without you knowing or agreeing to it;
  • by you contributing to it;
  • by you allowing it to happen; or
  • by you acting alone or with others.

We are not responsible for any of your activities in using our Network and/or Services or Website.

You must always follow the rules of our Acceptable Use Policy when you use our Website, Network and/or Services, in addition to all other terms that apply in the Terms and Conditions of your Services with us or our Website.

You are responsible to ensure sure that anyone else accessing our Network at or through your Premises or accessing our Services through your Account, a device or login is also aware of and follows these rules.

When using Bink Broadband’s Services, you must follow all laws and regulations that apply to you, and have any authorisations or permissions required by them.

Some types of material infringe certain laws or regulations. These materials may be illegal to possess as well as to send or publish on the internet. You must not post material which:

  • infringes the intellectual property rights (e.g. trademarks or copyright) of others;
  • is false and could harm someone’s reputation; or
  • makes us legally liable for hosting that material on our servers. More information on things you’re not allowed to use our Services or Website for is set out in the “Unacceptable Usage” section below.

As a result of using our Services or Website, you may end up on other networks or using other websites or services that we don’t own or operate. If this happens, you must follow the acceptable use policies and other terms and conditions set by the operators of those networks websites, and services. We are not responsible or liable for the content of any other person’s website, platform, apps or services, even if there’s a link to them from our Website.

5. Unacceptable Usage

It is impossible for Bink Broadband to set out exactly what makes for an “acceptable use” or an “unacceptable use” of our Services. Our Acceptable Use Policy is meant to help you understand the types of use that are unacceptable. The list provided below does not include every use that may be unacceptable, however, should help you understand the sort of behaviour we don’t allow or which is illegal.

You may only use our Network, Website and Services for lawful purposes. You cannot use them:

  • in any way that breaks any laws or regulations that might apply (whether in the UK or elsewhere);
  • in any way that’s criminal, illegal, unlawful or fraudulent, or that has any criminal, illegal, unlawful or fraudulent purpose or effect;
  • to harm or try to harm children or other vulnerable people in any way;
  • to send, knowingly receive, publish, post, contribute, distribute, disseminate, collect, access, encourage the receipt of, use, upload, download, record, review or stream, use or re-use any material that doesn’t follow our “Content Standards” section below;
  • to send, or cause the sending of, anything related to pyramid selling schemes or any unsolicited communications or unauthorised advertising (like spam or nuisance calls). (If you do this we can block these materials or communications and you’ll have broken the rules of this AUP);
  • to intentionally or negligently send any data, or send or upload material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, corrupted files, or any other harmful programs or similar computer code designed to harm computer software, hardware or telecommunications equipment owned by us or anyone else. (But you are allowed to pass samples of malware in a safe way to appropriate agencies in order to stop its spread);
  • to carry on activities that infringe on someone else’s rights. This includes, but not limited to:
    • downloading, installing or distributing software that is not properly licensed (e.g. pirated software);
    • deleting any author attributions, legal notices or labels/notices of ownership in any file that is uploaded;
    • falsifying the origin or source of any software or other material; or
    • not properly following the Data Protection Act 1998 (and any laws or regulations that change, add to or replace it in any way) when collecting or using an individual’s personal data, as set out in that Act;
  • to monitor or record the actions:
    • of any person, who is allowed to be at the Property or your Premises without their knowledge; or
    • of any person or thing outside the Property or your Premises including, among other things, any public highway or roadway or another person’s home or business premises.
  • to collect, stream, distribute or access any material that you know or should reasonably know, is illegal to collect, stream, distribute or access.

You also must not:

  • reproduce, duplicate, copy, sell or re-sell any part of our Website, Network or Services;
  • access without our permission, interfere with, damage or disrupt:
    • any code or any part of our Website
    • our Network or any equipment or network from which our Services or Website are provided;
    • any software used in providing our Services or Website; orany equipment, network or software owned or used by someone else, if this is outside what we’d expect of someone using our Services or our Website in accordance with the terms that apply to them;
  • do anything that may disrupt or interfere with our Website Network or Services or cause our Website or Network, or any computer or other device connected to our Network, to crash;
  • launch “denial of service” attacks, “mailbombing” attacks or “flooding” attacks against a network, or a device or computer connected to a network, (including, among other things, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, or any otherwise unspecified form of “denial of service” attack);
  • let people, who don’t live or who aren’t at your Premises or aren’t entitled to be at the Property, access the Services;
  • make excessive use of, or overload, our Network;
  • avoid the user authentication or security process of a network or a computer or device connected to a network;
  • create, send, store or publish any virus, Trojan, corrupting programme or corrupted data using our Website, Network or Services; or
  • give false information on our on-line applications, sign-up forms or contracts. This would include, but not limited to giving wrong or fraudulent details or information:
    • about direct debits, bank accounts or credit card numbers; or
    • in relation to a wayleave or other permission to install our Services at your Premises or the Property (as applicable). If you do this, we can immediately end your agreement for our Services. You may also have criminal or other liability under law.

6. Telephone Service

If you choose to add Bink Phone to your Broadband Service, the following terms apply to the use of our telephone service.

With our Pay Per Minute plan all calls are changed at the rates listed in our Price Guide, which is available on our website: https://binkbroadband.wales/price_guide/

With our Unlimited Call Plan, you can make unlimited free calls, which are 1 hour or less in length, to UK destinations. To be free of charge, your making of these calls should be within what we would expect from you:

  • as a residential user; or
  • as a small business (with 10 or fewer workers) customer, using our telephone service in accordance with our Terms and Conditions.

If any of these calls last over an hour, we will charge you from the end of the 60th minute, at the standard per-minute charge that applies to that call. If you want your call to stay free after the 60th minute, you should end the call before the free hour is over and then redial the same number to carry on the call. You can do this without limit, if you follow this AUP in all other ways and your call pattern is reasonable overall.

All numbers you dial, beginning in 0500, 0800 or 0808, stay free for the whole length of the call.

There are certain types of calls which are not included in the free calls described above. For these you will be charged at our standard rates. These are:

  • calls to the Channel Islands (e.g. numbers beginning in 01534 and 01481);
  • all calls to mobile phones (e.g. numbers beginning in 07);
  • all international calls (e.g. all numbers beginning in 00 except 0044 (UK));
  • all Premium Rate Service calls (e.g. all numbers beginning in 09);
  • calls to Number Translation Services (e.g. numbers beginning in 0845, 0870, 0871, 0844);
  • all directory enquiry services beginning in 118;
  • all other dialling codes, not listed above as free of charge and/or dialled without following this Acceptable Use Policy.

In addition, our telephone service must not be used for:

  • auto-dialling;
  • continuous or extensive call forwarding or call diversion;
  • fax or voicemail broadcasting; or
  • continuous or extensive incoming-only calls.

We reserve the right to immediately stop or change your telephone service if we think you are not not using it in a normal way.

All our call charge rates are published in our Price Guide, which is available on our website: https://binkbroadband.wales/price_guide/

7. Interactive Services

Bink Broadband may from time to time provide interactive services on our website, for example, Support Chat conversations, social media and Customer Forums (“Interactive Services”). Where we provide any Interactive Services, we’ll give you clear information about the kind of service offered, whether it’s moderated and, if it is, the sort of moderation that’s being used (e.g. whether it’s human or automated).

We will do our best to work out any possible risks for users (especially for children) from other people when they use any Interactive Services and will decide in each case whether to use moderation (and what kind this should be). However, we do not have a duty to keep an eye on or moderate any Interactive Services. We also accept no responsibility for any loss or damage caused by someone who uses an Interactive Services but doesn’t follow the “Content Standards” section below (whether the Interactive Service is moderated or not).

A child can only use an Interactive Service if their parent or guardian agrees to this. We advise parents or guardians who allow their children to use an Interactive Service to talk to their children about the risks involved with this and about staying safe online.

Where we moderate an Interactive Service, we’ll normally tell you how you can contact the moderator, if there’s a problem.

8. Content Standards

This section covers the content standards which apply to all material you send, receive, communicate, publish, post, contribute, distribute, disseminate, collect, access, encourage the receipt of, use or re-use, upload, download, record, review or stream using our Network or Services and to any Interactive Services (as mentioned in the above section). We call these “contributions”.

As with unacceptable use, it is impossible to set out every standard which we may apply to your contributions, however, the list provided below should help you understand what your contributions can and can’t contain. The standards apply to each part of any contribution, as well as to the whole contribution.

Contributions must:

  • be accurate (where they give facts);
  • be genuinely held (where they give opinions); and
  • follow the laws and regulations of the UK (and of any country they come from) that apply to them;

Contributions must not:

  • contain false statements that harm anyone’s reputation;
  • contain any material which is indecent, obscene, offensive, hateful or meant to stir up anger;
  • promote sexually explicit material;
  • encourage violence;
  • encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right, intellectual property right or trade mark of any other person.
  • be likely to deceive any person;
  • be made by breaking a legal duty owed to another person, (like a duty under a contract or a duty to keep material secret);
  • encourage any illegal activity;
  • be threatening, abuse or invade someone else’s privacy, or cause annoyance, trouble or unnecessary stress;
  • be likely to trouble, upset, embarrass, alarm, scare or annoy any other person;
  • be used to impersonate any person, or be dishonest about your identity or connection to any person;
  • give the impression that they come from us, if this isn’t true; or
  • encourage or help an unlawful act, like (as an example only) copyright infringement or computer misuse.

9. Security

You are responsible for protecting the customer ID, password(s) and/or login you use to access our Services and/or your Account(s). You are also responsible for any use of your password(s) and/or login, even if you didn’t allow it.

You should not disclose your customer ID or any password(s) or login to anyone else. If you do, you are responsible for their use of your Account, device, login and/or our Services. If your customer ID, password or login is disclosed or used without your permission, you must tell us immediately. You mustn’t use your customer ID, password(s) or login to use our Network, Services or Website, in a way that we would find unacceptable. Nor should you use them to access or try to access other parts of our Network or Services where we haven’t given you permission to do this.

You are responsible for taking all reasonable steps necessary to stop someone else accessing our Network or Services through your Account, device or login, where you have not given them permission to do this.

You must protect your computer (or any other device you use to connect to our Services) from viruses, adware, malware and spyware by installing and updating suitable anti-virus and security software. We are not responsible for security problems with your computer, its files, or its applications.

You must keep copies of your own data. We are not responsible for any loss of your files or data.

You must tell us immediately if you think that any part of this “Security” section has been breached.

10. Excessive Usage

We do not have a traffic management policy, although we reserve the right to use one in the future, however, we do monitor excessive usage and if we believe that your use of the internet, our Network and/or Services are so excessive that other customers’ Services are being harmed, then we may give you a written warning (by email or otherwise) to reduce your use. If you don’t do this, we may suspend or end your Services.

If we reasonably think that your use of our telephone service, including, but not limited to, the total number of calls you make to UK numbers, is excessive and unreasonable, we can, if we wish, limit the free calls you can make to UK numbers. We can also, if we wish, charge you, at our standard rate, for all the calls you make to UK numbers, which we think are excessive compared to the number of calls we’d expect from a:

  • residential user; or
  • a small business (with 10 or fewer workers) customer using our telephone service at in accordance with our Terms of Service.

Before we start charging you for these calls, we’ll let you know by phone or email (using the contact information you’ve provided to us).

Our call charge rates are published in our Price Guide, which is available on our website: https://binkbroadband.wales/price_guide/

11. How We Will Deal With Breaches

We have a number of methods to see if you are following this Acceptable Us Policy. When you use our Website, Network and/or Services, you give us (or our agents or subcontractors) permission to do this by checking your networks and/or machines and your use of our Website, Network, and/or Services.

If we think you have not followed this Acceptable Use Policy, we may investigate this, and we will act reasonably and fairly when we do. If we decide that you have not followed this Acceptable Use Policy, we can take any action, as set out in the next paragraph, that we think is suitable.

If we find that you have not followed this Acceptable Use Policy, you may have also broken our service Terms and Conditions, and/or our Website Terms and Conditions, if applicable to you.

Bink Broadband can either deal with the matter under those documents, if applicable to you, or take any of the following actions, with or without notice:

  • the issue of a warning to you;
  • immediate, temporary or permanent suspension or ending of your Services;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to the internet using our Services or to our Website whether or not using our Services;
  • legal proceedings against you to fully compensate us for all costs to us (including reasonable administrative and legal costs) resulting from you not following this Acceptable Use Policy.
  • further legal action against you; and
  • the disclosure of any information to law enforcement or other appropriate authorities or regulators that we reasonably think is necessary.

We are not limited to the actions we have just set out, and we can take any other action we think is reasonably appropriate. We do not accept any liability resulting from actions we take because of you not following this Acceptable Use Policy.

12. Notifications and Complaints

If you would like to contact us regarding this policy in terms of any comments or queries about our Acceptable Use Policy or would like to report an unacceptable use of our Website, Network and/or, Services, please contact our Customer Services Team by sending an email to customerservices@binkbroadband.wales or phoning 03307 888 777.

When reporting any illegal or unacceptable use of our Website, Network and/or Services please give us as many details, and as much evidence as possible to help us understand and investigate the problem.

For any complaints, you can find our full complaints procedures in our Complaints Code of Practice. Alternatively, you can ask us to send a copy of this to you.

13. Applicable Law

Your Agreement with us is made under English and Welsh law. If a dispute arises that we cannot settle between us, despite following our Complaints Code of Practice, it’ll be decided in the English and Welsh courts.

14. Changes To Our Acceptable Use Policy

Bink Broadband reserves the right to update/change this Acceptable Use Policy at any time. The latest version can be found on our website at https://binkbroadband.wales/

15. Date

This Acceptable Use Policy is effective from March 2023.

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