Please read this acceptable use policy carefully. They contain information about how you are allowed to and not allowed to use our services.
If you require an accessible version, for example by PDF or by post, please contact us at contactus@optua.co.uk
1. Introduction
1.1 This Acceptable Use Policy (the "Policy") governs the use of all telecommunications and connectivity services provided by Optua Telecommunications Limited ("Optua"), including broadband, voice, hosted telephony, and any related services (the "Services").
1.2 This Policy applies to all customers, their employees, agents, and any other persons who access or use the Services through the Customer's account.
1.3 By using the Services, the Customer agrees to be bound by this Policy. This Policy forms part of the Agreement between Optua and the Customer and should be read in conjunction with the General Terms and Conditions.
1.4 Optua reserves the right to amend this Policy at any time. Material changes will be notified to the Customer with at least 30 days' notice.
2. General Principles
2.1 The Customer shall use the Services only for lawful purposes and in accordance with this Policy.
2.2 The Customer is responsible for all activities conducted through its account and for ensuring that all users of the Services comply with this Policy.
2.3 The Customer shall not use the Services in any way that could damage, disable, overburden, or impair Optua's network, systems, or the Services.
2.4 The Customer shall cooperate with Optua in investigating any suspected breach of this Policy.
3. Prohibited Activities: Illegal Use
3.1 The Customer shall not use the Services for any activity that is unlawful under the laws of the United Kingdom (including Scots law) or any other applicable jurisdiction. Prohibited illegal activities include, but are not limited to:
- Engaging in or facilitating any criminal activity
- Creating, storing, distributing, or accessing child sexual abuse material or any other illegal content
- Inciting hatred, violence, or discrimination against any person or group
- Facilitating or promoting terrorism or terrorist activities
- Money laundering, fraud, or other financial crimes
- Trafficking in drugs, weapons, or stolen goods
- Identity theft or impersonation
- Copyright infringement or intellectual property theft
3.2 Optua, upon becoming aware of any illegal activity through its Services, will make a report to the police and will cooperate with any lawful enquiries by the authorities, including law enforcement agencies, regulatory bodies, and Scottish courts.
4. Prohibited Activities: Harmful Content
4.1 The Customer shall not use the Services to transmit, store, or distribute content that is harmful, offensive, or inappropriate. This includes, but is not limited to:
- Defamatory, libellous, or slanderous material
- Material that is obscene, pornographic, or adult-only in nature (unless appropriate safeguards are in place)
- Content that harasses, threatens, abuses, or intimidates any person
- Content that invades the privacy of any person
- False or misleading information designed to deceive
- Content that violates any third-party intellectual property rights
5. Prohibited Activities: Network and Security Abuse
5.1 The Customer shall not engage in any activity that compromises the security, integrity, or availability of Optua's network or the Services. Prohibited activities include:
- Hacking, cracking, or attempting to gain unauthorised access to any system, network, or data
- Distributing or using viruses, malware, trojans, ransomware, or other malicious code
- Conducting denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
- Port scanning, vulnerability scanning, or network probing without authorisation
- IP spoofing or falsifying packet header information
- Operating open relays, open proxies, or insecure network services
- Intercepting, monitoring, or capturing network traffic without authorisation
- Interfering with other users' enjoyment of the Services
6. Prohibited Activities: Spam and Unsolicited Communications
6.1 The Customer shall not use the Services to send spam or unsolicited communications in violation of applicable laws. This includes:
- Sending unsolicited bulk email (spam)
- Making unsolicited marketing calls without proper consent or TPS/CTPS screening
- Sending unsolicited SMS or text messages for marketing purposes
- Using automated calling or messaging systems for unsolicited communications
- Harvesting email addresses or phone numbers for unsolicited marketing
- Operating mailing lists without proper consent and unsubscribe mechanisms
7. Prohibited Activities: Fraud and Abuse
7.1 The Customer shall not use the Services to commit or facilitate fraud or abuse. Prohibited activities include:
- Toll fraud or international revenue share fraud (IRSF)
- CLI spoofing for fraudulent or deceptive purposes
- Phishing, vishing, or smishing attacks
- Scam calls or communications designed to deceive
- Wangiri or missed-call callback fraud
- Traffic pumping, access stimulation, or artificial inflation of traffic
- Manipulating call records or billing systems
- Reselling or redistributing Services without authorisation
8. Voice Services: Specific Requirements
8.1 When using Optua's voice services, the Customer shall:
- Present valid CLI on all outbound calls
- Comply with all applicable regulations regarding nuisance calls
- Not use the services to make threatening, harassing, or nuisance calls
- Maintain accurate location information for emergency services purposes
- Comply with call recording laws, including obtaining appropriate consent
- Not use the Services for persistent, silent, or abandoned calls
9. Broadband Services: Specific Requirements
9.1 When using Optua's broadband services, the Customer shall:
- Not use the Services to operate public Wi-Fi hotspots without appropriate agreements
- Implement appropriate security measures on connected networks and devices
- Not use the services as a substitute for dedicated leased lines where fair-use policies apply
- Comply with any traffic management or fair use policies applicable to the service
- Not run servers or services in breach of any applicable terms
10. Fair Use Policy
10.1 Certain Services may be subject to a fair use policy. Where this applies, Optua will provide details of the fair use limits.
10.2 If the Customer's usage consistently exceeds fair use limits, Optua may contact the Customer to discuss usage patterns and may apply traffic management measures or recommend a more suitable service package.
10.3 Optua reserves the right to throttle or limit bandwidth where usage significantly exceeds normal levels or affects other users.
11. Enforcement and Consequences
11.1 Optua monitors the use of its Services and may investigate breaches of this Policy if reported internally, by internal alerts, or by the authorities.
11.2 If Optua determines that a breach of this Policy has occurred, Optua may, at its sole discretion:
- Issue a warning to the Customer
- Suspend the Services temporarily
- Terminate the Services immediately without refund
- Block specific traffic, content, or activities
- Report the matter to law enforcement or regulatory authorities (including Scottish courts and law enforcement agencies)
- Take legal action to recover damages or seek injunctive relief in the courts of Scotland under Scots law
11.3 The Customer shall indemnify Optua against any claims, damages, costs, or expenses arising from breach of this Policy.
12. Reporting Abuse
12.1 If the Customer becomes aware of any misuse of the Services, including by its own employees or by third parties, the Customer should report it immediately to:
- Email: contactus@optua.co.uk
- Telephone: +44 (0)800 054 8330
- By post: Optua Telecommunications Limited, 2nd Floor, 48 West George Street, Glasgow, G2 1BP
12.2 All reports will be investigated and treated in confidence where possible.
13. Governing Law and Jurisdiction
13.1 This Policy and any disputes arising from it shall be governed by and construed in accordance with Scots law.
13.2 The parties irrevocably agree that the courts of Scotland (including the Court of Session and the Sheriff Courts) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Policy.