Acceptable Use

This Acceptable Use Policy governs your use of any Services provided by Digitech, including the use of, and access to, your Equipment and/or any Digitech or third-party systems and any use of Digitech’s website at www.digitech.hk. When we refer to ‘Services’ within this document, it should be construed in this manner. Unless otherwise stated, capitalized terms not defined in this document shall bear the definitions set out in our www.digitech.hk/privacy-policy/.

By subscribing for or receiving any Services from Digitech, or by using our website, you agree to abide by the terms of this AUP, which will be incorporated into any agreement between you and Digitech and shall apply to any use you make of our website.

You may use our Services only for lawful purposes. You may not use our 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.

to harm or attempt to harm anyone, including minors, or in any manner which will, or is likely to, infringe the personal rights of others;

in any manner that will, or is likely to, infringe the copyright, trademark, trade secret, or other intellectual property rights of others;

to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

in connection with any defamatory, indecent, obscene, offensive, threatening or abusive conduct or activity;

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; or

in any way that is inconsistent with the terms of your agreement with Digitech.

If you would like to report a phishing scam, please email abuse@Digitech.net

Without prejudice to the generality of the overview principles set out above, unacceptable use includes, but is not limited to, the following:

Posting, transmission, re-transmission, or storing material on or through any of Digitech’s Products or Services, if Digitech reasonably believes that such posting, transmission, re-transmission, or storage is:

in violation of any local, national, or international law or regulation (including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations);

  – threatening or abusive;

  – obscene;

  – indecent; or

  – defamatory.

Installation or distribution of pirated or other software products that are not appropriately licensed for use.

Resale of Digitech’s Products and Services without the express prior written consent of Digitech (unless you are an authorized wholesaler).

Deceptive marketing practices.

Actions that restrict or inhibit anyone – whether a customer of Digitech or otherwise – in his or her use or enjoyment of Digitech’s Products and Services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of internet services.

Introduction of malicious programs into the Digitech network or servers or other Products and Services of Digitech (e.g., viruses, Trojan horses, and worms).

Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient or logging into a server or account that the customer is not expressly authorized to access(e.g., port scans, flood pings, packet spoofing, and forged routing information).

Executing any form of network monitoring that will intercept data not intended for you.

Circumventing user authentication or security of any host, network, or account.

Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).

Using any program/script/command, or sending messages of any kind, designed to interfere with, or disable a user’s terminal session.

Failing to comply with Digitech’s procedures relating to the activities of customers on Digitech-owned facilities.

Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document the use of Digitech’s products or services.

Sending unsolicited mail messages, including the sending of junk mail or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer, or with whom the customer does not have an existing business relationship (e.g., e-mail spam).

Harassment (e.g., through language, frequency, or size of e-mail messages).

Unauthorized use or forging of mail header information.

Solicitations of mail or any other e-mail address other than that of the poster’s account or service, with the intent to harass or to collect replies.

Creating or forwarding chain letters or other pyramid schemes of any kind.

Use of unsolicited e-mail originating from within the Digitech network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Digitech or connected via the Digitech network.

Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United Kingdom or without all required approvals, licenses, and exemptions.

Use of IRC servers or bots connected to public IRC networks or servers.

Digitech will determine, at its discretion, whether there has been a breach of this AUP by you. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this AUP constitutes a material breach of the www.digitech.hk/privacy-policy/ upon which you are permitted to use 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 Services.

Immediate, temporary, or permanent removal of any posting or material uploaded by you.

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.

We exclude liability for actions taken in response to breaches of this AUP. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Amendments shall automatically come into effect 30 days after being posted on the Website unless you notify us that you do not agree to any proposed amendments. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our Website.

Any failure or delay in exercising or enforcing this policy shall not constitute a waiver of this policy or any other right or remedy.

If you have any questions concerning compliance with this AUP, please get in touch with Digitech at Sales@digitech.hk.