Purpose and Scope

We are Prelude Software Limited (“Prelude”, “the Company”, “we”, “us” or “our”), a company registered in England and Wales under company number 2985428, whose registered office is at Tondu Enterprise Centre, Bryn Road, Aberkenfig, Bridgend CF32 9BS.  This Acceptable Use Policy (“AUP”) applies to you and anybody you allow to use services provided by us (“the Service”).  Any reference to “you” shall be interpreted to mean you and anybody you allow to use the Service.  You are responsible for the use of the Service by any person you allow to use it.

Any user of the Service (a “User”) must comply with this AUP.  We may change the AUP to reflect any changes in the law or community standards or whenever we deem it necessary.  Any changes will be effective upon posting to the public website at www.prelude.software and it will be Users’ responsibility to ensure that they are fully aware of these changes.

If you have any queries about our AUP, please email us at abuse@prelude.software.

Do not use the Service illegally

The Service may only be used for lawful purposes in accordance with all current and future laws, statutes and regulations in force from time to time in the country (or countries) in which the Service is being used (“Laws”).

You may not use the Service to record, send, receive, store, distribute, transmit, post, upload or download any materials or data which:

• violates any Laws;
• is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment;
• is in breach of any third party rights (including any third party intellectual property rights);
• has any fraudulent purpose or effect;
• damages or may damage our name and/or reputation

Additionally, you may not permit any other person (whether intentionally or otherwise) to do so.

Do not violate systems or network security

You must not use the Service to violate our network security or any third party’s system or network security by any method including:

• unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;
• unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network; or
• unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network.

You must not send, receive, store, distribute, transmit, post, upload or download any materials that are designed to violate our network security or any third party’s system or network security.  Examples of such prohibited material may include (but are not limited to):

• programs containing viruses or Trojan horses;
• tools designed to compromise the security of other sites;
• programs or services designed to send or facilitate the sending of unsolicited advertisements; or
• programs or services designed to encourage or facilitate a breach of this AUP or any acceptable use policy of another Internet services provider.

You must not connect to the Service insecure machines or services able to be exploited by others to carry out actions which constitute a breach of this AUP, including but not limited to the transmission of Unsolicited Bulk Email or email containing infected attachments or attempts to disrupt websites and/or connectivity or any other attempts to compromise the security of other users of our network or any other third party system.

You are responsible for all data and/or traffic originating from the machines and/or networks that you have connected to the Service.  You must immediately disconnect (and subsequently secure prior to reconnection) machines generating data and/or traffic which contravenes this AUP upon your becoming aware of the same and/or once notified of such activity by us.

Email

You must not send email to anyone who does not wish to receive it.  We acknowledge that email is an informal method of communication.  However, you must refrain from sending emails to someone after receiving a request to stop.

You must not send Unsolicited Bulk Email or any other form of abusive electronic communication.  In particular, unsolicited advertising mailings (whether commercial or informational) are strictly prohibited.  You must only send advertising material to recipients that have specifically requested it.

You must not send or knowingly reply to emails that could damage the Service or any third party’s service.

You must comply with our Spam policy.

Advertising to unsolicited recipients

You must not operate, host, provide hosting facilities to or assist in any way any website, email address, or any other online service which is advertised or promoted by means of Unsolicited Bulk Email (whether commercial or informational), any mass messaging facility or any other form of abusive electronic communication.  This prohibition applies whether the abusive communication takes place using our network, or otherwise.  Hosting providers in particular should take care to ensure that their own acceptable use policy includes a prohibition of services advertising to unsolicited email recipients, since we reserve the right to demand immediate suspension of access to services advertising to unsolicited email recipients, once such services are drawn to our attention.

Worldwide Web and surfing the net

You will be solely responsible for your use of the Internet and any web pages owned and/or operated by you or anyone you permit to use the Service and that are connected to the Service.  You must not use world wide web pages within or outside the Service to violate any part of this AUP or to disrupt or attempt to disrupt another Internet user’s Internet experience and, in particular, any such web pages must comply at all times with the provisions of the preceding clauses of this AUP.

What can we do?

Firstly, you should be aware that we will block any electronic communication that we reasonably consider to have breached this AUP.

Secondly, if you have breached this AUP, or we reasonably suspect that you may have breached this AUP we will notify you (provided that this notification does not prejudice any investigation) and we may also:

• immediately suspend your access to the Service until such time as we are satisfied the breach has stopped;
• immediately end your contract for the provision of the Service;
• notify and/or pass on the details of the breach of the AUP to any relevant government, statutory, self-regulatory or law enforcement agency (each a “Third-Party Authority”);
• investigate the alleged breach of the AUP, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on our network or our servers; or
• remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on our network and/or our servers.

You expressly authorise us to use your personal data and other account information in connection with any investigation carried out by us in accordance with this AUP, including by disclosing it to any Third-Party Authority that we consider has a legitimate interest in any such investigation or its outcome.

We reserve the right to terminate the Service with immediate effect and without further obligation or liability to you as required by any law enforcement organisation or by the Courts or any relevant regulatory authority.

Your liability to us

You agree to indemnify and hold us, our affiliates, officers, employees and agents harmless against all claims, actions, demands, costs (including legal costs and disbursements), expenses, losses and damages arising out of or incurred as a consequence of your breach of this AUP or breach of this AUP by anyone permitted to use the Service by you.  In many instances a breach of this AUP would constitute a breach of Law and may in some cases carry criminal liability.

How to report a breach or make a complaint

If you wish to notify us of a breach of this AUP, or if you wish to make a complaint regarding content, data or material that has been stored and/or accessed via our network or one or more of our services, please email us at abuse@prelude.software