SKY BROADBAND SUBSCRIPTION CONTRACT
First, here are some key points that you should note:
- You must be an active Sky TV subscriber at all times during this Contract. If your Sky TV
Contract ends or your viewing is suspended, Sky Broadband may be too (Conditions 1(c)
and 11(b)).
- The Sky Broadband Product you have chosen is for a minimum of 12 calendar months
from the date your telephone line is first activated by BT to receive Sky Broadband (the
Minimum Term), unless you or we are allowed to end it earlier (Condition 11).
- Your use of Sky Broadband, and that of those you allow to use Sky Broadband, must
comply with our Usage Policies. You are responsible under this Contract for the use of
Sky Broadband by any person you allow to use it (Condition 2(c) and Usage Policies).
- Sky Broadband is variable and our prices, Products and the Sky Broadband Extras can
change, even during your Minimum Term. However, if we reduce the level of service
provided by your chosen Product and you reasonably consider that you have been
disadvantaged by this you will have a right to move to another Product or end this
Contract. You can also end the Contract during your Minimum Term if we increase your
Sky Broadband Payment more than once, or by more than 10% or the annual increase in
the UK Retail Price Index, whichever is the greater. If you wish to end this Contract in
these circumstances, then you need to let us know within one calendar month of notice of
the change (Conditions 7(a), 11(c) and 11(d)).
How information we hold about you can be used
By subscribing to the services offered by Sky Broadband S.A. (“Sky”) you are agreeing that
the information and personal data you provide to it and information about your Sky Wireless
Router and your Sky account (“Data”), may be used for the following purposes: execution of
this Contract; administration of your Sky Broadband account (including transferring Data with
its agents located outside the EEA for this purpose (being, as at the date of this Contract, the
Philippines, the United States of America and India)); marketing of Sky’s products and
services and market research. Sky may also share Data with credit reference agencies and
other companies including for use in making credit decisions, for fraud prevention and to
pursue debtors.
Sky Group Companies include:
(i) Sky Subscribers Services Limited;
(ii) British Sky Broadcasting Limited;
(iii) Easynet Telecommunications Limited; and
(iv) Sky In-Home Service Limited.
Sky’s agents include:
(i) Google Inc.; and
(ii) Google Ireland Limited.
You expressly agree that Sky and the Sky Group Companies may receive and use the Data
for administration of your Sky Broadband account, the marketing of their respective products
and services and market research.
Marketing by Sky and the Sky Group Companies may include sending you information by
email or SMS about similar products and services (unless you advise Sky of your preference
not to receive such marketing).
You also agree that the Data held by Sky and the Sky Group Companies may be shared with
other third party companies located in the UK or the Republic of Ireland, including for sales,
marketing and market research purposes, unless you advise us of your preference not to
share such information with third party companies.
If you wish to let us know that you don't want to receive marketing by email or SMS, or that
you don’t want us to share Data with companies outside the Sky Group Companies, or if you
wish to obtain access to your Data, please call Sky Customer Services on 08442 41 41 41.
Your personal data will not be retained for longer than required for the purposes of its
processing, subject to any limitation periods imposed by law.
Calling Sky
Calls to and from Sky Customer Services may be recorded or monitored for training and other
quality purposes.
Here are the detailed Conditions of Sky Broadband:
These are the Terms and Conditions (“Conditions”) on which Sky’s broadband internet access
and Email Tools (See Condition 4(a)) (“Sky Broadband”) will be provided to you. Further
Terms and Conditions are set out in the Sky Broadband Usage Policies (“Usage Policies”).
Together they make up your Sky Broadband subscription contract (“Contract”). Any use of
Email Tools via sky.com will also be governed by Sky’s privacy policy at www.sky.com.
Please note: Any additional features, content, services and applications will be available for
Sky Broadband subscribers on, or via a link from, www.sky.com (“Sky Broadband Extras”).
These may be provided by another member of the British Sky Broadcasting group or a third
party and are not covered by this Contract. The Terms and Conditions that apply to them will
be available at, or via links from, www.sky.com. The Sky Broadband Extras available will
change from time to time and any changes will not affect this Contract.
This Contract is with Sky Broadband S.A. (“Sky”), which is responsible for providing
broadband internet access and Email Tools and your Sky Wireless Router (“Wireless
Router”). Sky Subscribers Services Limited (“SSSL”) provides customer services and Sky In-
Home Service Limited (“SHS”) delivers Wireless Routers and provides installation services, in
each case in relation to Sky Broadband, as an agent for Sky. References below to "we" or
"us" shall be read as references to Sky. You can contact us at PO Box 43, Livingston, West
Lothian EH54 7DD or call 08442 410 515.
1. Sky Broadband and who can get it
(a) We offer a number of subscription products (“Products”), currently known as Base,
Mid, Max and Connect. Full details of the Products available from time to time are set
out on www.sky.com/broadband.
(b) Availability of Products will vary depending upon your location.
(c) To take Sky Broadband you must be 18 years old or over and your home must be in an
area of the UK where Sky Broadband is accessible. You must also have an active Sky
digital subscription (“Sky TV”) under a Sky digital subscription contract (“Sky TV
Contract”). If your Sky TV viewing is suspended or ends under the terms of your Sky
TV Contract, we may also suspend or end (as applicable) the provision of Sky
Broadband.
(d) Sky Broadband will be provided to you at your home in the UK where you receive Sky
TV (“Address”). You can only have one Sky Broadband subscription per Sky TV
Contract (excluding any Sky Multiroom subscriptions).
(e) In order to use Sky Broadband:
(i) your computer must meet the required specification given from time to time via
www.sky.com/broadband; and
(ii) the telephone line you use to access Sky Broadband must be a BT compatible
fixed and operational line to your Address (“your Line”).
(f) The Connect Product will only be offered to you if your Line cannot be connected to our
network. If you have the Connect Product and it becomes possible to connect your
Line to our network, we may do this automatically and you will be placed on the Mid
Product and charged at its standard rate (which will not exceed the rate for Connect
and will provide at least the equivalent service). We will notify you of this change. If you wish
to choose another Product, you can do so by calling us within one calendar
month of notice from us of the change.
2.Using Sky Broadband
(a) Sky Broadband is for private use by you and members of your household only. It must
not be used for any commercial or business purpose.
(b) You will be registered as the primary user but you can nominate additional users
provided they are members of your household and they consent. Any additional user
must also provide a user name and password which must be different to yours.
(c) You are responsible for the security and proper use of your username and password
and you must not disclose either. You are also responsible for the security and proper
use of each additional user’s username and password. You are also responsible for all
activities that occur under these usernames and passwords. If you know or suspect that
your username or password or any username or password of your additional users has
been compromised, or you suspect or become aware of any other breach of security,
you must tell us immediately. In these circumstances, you must also ensure that any
such username or password is changed as soon as possible.
(d) If we believe that there has been, or is likely to be, a breach of security of your
username or password or of the username or password of any of your additional users,
we may suspend such usernames and passwords and require that any or all of them
are changed.
(e) You and any additional user must not use any logos or trade marks of Sky, the Sky
Group Companies or Sky’s processors in any way which could damage or undermine
the owner’s reputation.
(f) We may require you to reimburse us for any reasonable and foreseeable losses, costs
and expenses which we incur as a direct result of the misuse of Sky Broadband or your
Wireless Router by you or anyone you have allowed to use Sky Broadband.
(g) If your Line is disconnected for any reason, you will lose your connection to Sky
Broadband and your line provider may not automatically reinstate Sky Broadband after
reinstating your Line. There may be a delay in being reconnected to Sky Broadband. If
a re-connection fee is payable, we will tell you the amount of this fee before charging
you. You will be charged for Sky Broadband throughout this period, unless the
disconnection or delay in reconnection has been caused by us or our agents.
(h) To protect our network and maintain quality of service for all our users we can
temporarily or permanently control or restrict your online activities via Sky Broadband
where such activities may have a detrimental effect on other customers’ quality of
service and it is reasonable for us to do so (e.g. sending “spam” Messages (see
Condition 4(b)) or hosting a website).
(i) We may modify or temporarily suspend Sky Broadband, or part of it, to the extent
necessary for us to carry out maintenance, technical repair, enhancement or
emergency work. We will try to minimise the impact of this on your use of Sky
Broadband. Where possible, we will let you know beforehand and we will restore Sky
Broadband to you as soon as we can.
3. The Wireless Router
(a) As part of the Sky Broadband service Sky will supply one Wireless Router to you under
this Contract.
(b) You can choose to either install your Wireless Router yourself (“Self Install”) or have
SHS install it for you on Sky’s behalf (“Home Installation”). If you choose Self Install,
SHS will send your Wireless Router on Sky’s behalf to your Address and you must
comply fully with all reasonable installation instructions and advice that SHS or we
provide to you. If you choose Home Installation you should read the terms and
conditions for Home Installation (set out at the end of this Contract). You may have to
pay for Home Installation. We will tell you the amount of this fee before charging you.
(c) Your Wireless Router (except the software in it) will become your property on
installation if you choose Home Installation, or on delivery if you choose Self Install.
The software in your Wireless Router is owned by or licensed to Sky or another member of the
British Sky Broadcasting group. You must allow this software to be
updated. Updates will happen automatically at no extra charge.
(d)Sky Broadband must only be accessed via your Wireless Router. Your Wireless Router
is not supplied as being capable of being used to access any other Internet service.
(e) Your Wireless Router is supplied with a warranty (“Warranty”) against faults arising in
the first 12 months after supply.
(f) The Warranty also covers cabling and, if you choose Home Installation, installation
faults. The following are not covered by the Warranty: faults arising from misuse,
accidental or deliberate damage to your Wireless Router; damage arising from use of
equipment that is not supplied by or on behalf of Sky for use with your Wireless Router;
cosmetic damage which does not affect the functionality of your Wireless Router;
computer equipment, software and cables that we or SHS did not supply to you and
damage caused by events outside the reasonable control of Sky or any other member
of the British Sky Broadcasting group, or its equipment suppliers.
(g) To report a fault, please call us on 08442 410 515. If a reported fault cannot be
remedied by one of our engineers over the phone, then we will either repair or replace
your equipment, whichever is reasonably considered to be the most proportionate. Any
equipment that is replaced must be returned to us in the manner we request.
(h) Any replacement equipment supplied under the Warranty will be new or ‘as new’
(previously used equipment that has been refurbished by the manufacturer or its
authorised agent). We will warrant any repair or replacement until the later of the end of
the original 12 month warranty period or 3 months from the date it was carried out or
supplied.
(i) The Warranty does not apply outside the UK, Isle of Man and the Channel Islands. It
does not affect your statutory rights. If you require any advice on your legal rights, you
can refer to www.consumerdirect.gov.uk.
4. Email Tools
(a) You and any additional user will have a Sky Broadband e-mail account which may
enable you to access others services, for example a calendar and address book and
instant messaging and voice services ( “Email Tools”). You and any additional user are
responsible for backing up any data you have saved in the E-mail Tools.
(b) We may need to modify the content or format of any emails or instant messages
(“Messages”) sent via Sky Broadband in order to transmit them.
(c) If this Contract ends for any reason you and any additional users will no longer be able
to access your Email Tools via www.sky.com. Your Email Tools will be accessible via
other Internet service providers for one calendar month after this Contract has ended,
subject to the Usage Policies, except where this Contract has ended under Condition
11(b) in the Minimum Term (see Condition 11(a)) or Condition 11(g). We will not be
under any obligation to keep or make available any data held in any of your Sky
Broadband email accounts for longer than one calendar month after this Contract ends.
Any deleted data will not be recoverable.
5. Changing your Address and telephone number
(a) You must tell us immediately of any changes to your Address or the telephone numbers
you have provided to us.
(b) If you change Address during your Minimum Term (see Condition 11(a)), this Contract
will continue unless you exercise a right to end it under Condition 11(c). If your chosen
Product is not available at your new Address, then you can select another Product that
is available there. We may charge you a reasonable fee to cover any costs we
reasonably incur as a result. We will tell you the amount of this fee before charging you.
(c) If you change Address after your Minimum Term (see Condition 11(a)), you will need to
enter into a new Sky Broadband subscription contract to receive Sky Broadband at your
new address.
6. Paying for Sky Broadband
(a) Unless otherwise agreed, you will be charged the monthly subscription for your chosen
Product (“Sky Broadband Payment”) from the date your Line is first activated by BT to
receive Sky Broadband (“Activation Date”). We will collect the Sky Broadband
Payments (and any other amount which we have told you is due in relation to Sky
Broadband) in advance each month with your Sky TV payment via the same payment
instruction.
(b) Subject to Condition 11(c), we may increase your Sky Broadband Payment at any time
by giving you at least one calendar month's notice.
(c) We may also increase your Sky Broadband Payment if required by law or if any
regulatory authority requests or requires a change to any aspect of our pricing which
affects your Sky Broadband Payment directly or our pricing structure generally.
(d) If you miss any payments you owe to us or have provided unauthorised payment or
other details, we can suspend provision of Sky Broadband without giving you notice.
This does not affect our right to end this Contract under Condition 11(g).
7. How we can change Sky Broadband
(a) Sky Broadband is variable. We can change, replace or withdraw Products at any time.
For example, we can vary the maximum speeds or capacity of your chosen Product. If
we reduce the level of service provided by your chosen Product and you reasonably
consider that you have been disadvantaged by this you may move to another Product
or end this Contract under Condition 11, even if you are within your Minimum Term (see
Condition 11(a)).
(b) If we withdraw your chosen Product, we will move you onto the nearest equivalent
Product accessible by you. If this happens during your Minimum Term (see Condition
11(a)), your Sky Broadband Payment will not increase before the end of your Minimum
Term (other than where prices increase under Conditions 6(b) and 6(c)).
(c) If anything we do under this Condition 7 results in a change to your Sky Broadband
Payment we will confirm the change to you.
8. Software
(a) The use of any software provided by us (e.g. for Microsoft Internet Explorer) will be
subject to the terms of any relevant end user licences or other agreements which are
reasonably required by the owners of such software and that we have brought to your
attention.
(b) You acknowledge that it is your responsibility to obtain any upgrades to any software
needed to maintain the full Sky Broadband service when prompted to do so.
9. What we are not liable for
We will not be liable under this Contract to you, or any other person who you allow to use Sky
Broadband, for:
(a) any fault in your Wireless Router caused by tampering or negligence (unless caused by
us) or by the failure to follow our reasonable instructions, these Conditions or the Usage
Policies;
(b) any use made of Sky Broadband, nor for any content which is accessed, sent or
received using the service, nor for any charges incurred with any third party or for any
transactions entered into through Sky Broadband or Sky Broadband Extras, unless
caused by us;
(c) use of your Wireless Router to access any other Internet service;
(d) the act of suspending Sky Broadband or ending this Contract in accordance with
Condition 11;
(e) any delay or failure by us to provide any element of Sky Broadband or part of it where
such delay or failure is caused by events outside our reasonable control. Matters
outside our reasonable control include (but are not limited to) severe weather
conditions, epidemic, civil disorder, terrorist activity, war and government action;
(f) any loss or damage caused by your use of Sky Broadband, your Wireless Router, us,
or any of our respective officers, employees, sub-contractors or agents in
circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care by us or any of
our respective officers, employees, sub-contractors or agents; or
(ii) such loss or damage is not a reasonably foreseeable result of any such breach.
(g) any loss or damage caused by Sky Broadband, your Wireless Router, us, or any of our
respective officers, employees, sub-contractors or agents to the extent that such loss or
damage results from any breach by you of these Conditions and, in particular not
limited to the Acceptable Use Policy;
(h) any loss or damage caused by viruses or unauthorised use of, or attempts to access,
Sky Broadband or your computer; and
(i) any loss or corruption of data, or any loss of business, contracts, profits, anticipated
savings, reputation, or revenue unless caused by us.
No company nor its officers, employees or agents who act as Sky’s agent in providing any
part of Sky Broadband shall be liable to you or any other person who you allow to use Sky
Broadband.
10. How we can change the Conditions
(a) We cannot change or add to Conditions 6(b), 6(c), 9 and 11(c) (ii) or this Condition
10(a) except for security, legal or regulatory reasons.
(b) We may change any other Conditions. However, if you reasonably consider that you
have been disadvantaged by this you may end this Contract under Condition 11, even if
you are within your Minimum Term (see Condition 11(a)).
(c) You will receive by post or e-mail at least one calendar month’s notice of any changes
or additions to these Conditions which we reasonably consider you will be
disadvantaged by. We will give you notice of any other changes or additions to these
Conditions on sky.com. We will not use this right to vary the terms of any special offer
which applies to you.
11. How long your Contract lasts
(a) This Contract cannot end during the first 12 calendar months from your Activation Date
(“Minimum Term”) unless you or we have a right to do so under this Condition 11.
After the Minimum Term, this Contract will continue until either you or we end it in a way
set out in this Condition 11.
(b) This Contract will end automatically if your Sky TV Contract ends for any reason. If this
occurs during your Minimum Term then, unless you are ending your Sky TV Contract
for breach, you will be in breach of this Contract.
(c) You can only end this Contract during your Minimum Term if:
(i) Conditions 7(a), 10(b) or 11(e) apply; or
(ii) we increase your Sky Broadband Payment more than once, or by more than 10%
or the increase in the UK Retail Price Index over the 12 months before we tell you
about that price increase, whichever is the greater, unless Condition 6(c) applies.
(d) To end this Contract under Condition 11(c), you must give us at least seven days’
notice within one calendar month of receipt of any notice from us.
(e) You may end this Contract by giving us seven days’ notice at any time (including during
your Minimum Term) if we break any of the Conditions and we have not put it right
within a reasonable period of time.
(f) If you want to end the Contract for any other reason you may do so at the end of or
after your Minimum Term, by giving us at least one calendar month's notice at any time.
(g) We can immediately suspend the provision of Sky Broadband and/or end this Contract
by giving you seven days' notice at any time (including during your Minimum Term) if:
(i) you break any of the Conditions and you have not put it right within a reasonable period
of time;
(ii) you, anyone you authorise to deal with us on your behalf, or any of your
additional users act in a way towards our staff or agents which we reasonably
consider to be inappropriate; or
(iii) if we have reasonable grounds to suspect fraud or any other unauthorised
activity.
(h) We may end this Contract at the end of or after your Minimum Term by giving you one
calendar month's notice at any time.
(i) Unless we agree otherwise, you cannot change your chosen Product unless Conditions
1(f), 5(b) or 7(a) apply. If, after your Minimum Term, you wish to change to another
Product, you must end this Contract and enter into a new Sky Broadband subscription
contract unless the circumstances set out in Conditions 1(f) and 7(a) apply.
(j) We will not refund any Sky Broadband Payments or other payments made under this
Contract if we end this Contract because you have broken the Conditions. If this
Contract ends during your Minimum Term (other than where you have a right to
end it), you will have to compensate Sky for any reasonable losses or costs
suffered as a result.
12. How this Contract can be transferred and third parties
(a) We can transfer our rights or obligations under this Contract to any company, firm or
person provided this does not affect your rights under this Contract in a negative way.
(b) This Contract is personal to you. You may not transfer your rights or obligations under
this Contract to anyone else, and no third party is entitled to benefit under this Contract
except pursuant to Condition 12(a).
13. How notices will be given
(a) If we give you any notice that is required under this Contract, it must be in writing and
may be sent by email to your Sky Broadband primary email account. If we send you
any notice with any other document, the notice will be on a separate sheet of paper or
in a separate attachment and will be clearly marked.
(b) Unless otherwise stated, if you give us any notice that is required under this Contract it
should be by calling 08442 410 515 or such other number we notify to you for this
purpose.
14. Law and geographical limits
This Contract is governed by English Law unless you live in Scotland, in which case it
will be governed by Scots Law. Any disputes can be dealt with by any UK court that can
lawfully deal with the case.
YOUR RIGHTS TO CANCEL SKY BROADBAND
1. You can cancel Sky Broadband within 8 working days of the later of delivery of your
Wireless Router for Self Install, or your Home Installation (as applicable), and your
Activation Date. Any cancellation must be in accordance with this notice.
2. You can cancel Sky Broadband by:
(i) calling 08442 410 515;
(ii) writing to Sky Subscribers Services Limited Customer Relations Department,
PO Box 99, Livingston, West Lothian EH54 7PR;
(iii) sending a fax to 01506 484701; or
(iv) sending an email to broadbandcustomerservice@bskyb.com.
3. You must give your name, address, post code and customer number in order to cancel
Sky Broadband.
4. You must keep any products that have been delivered to you safe for up to 6 calendar
months from the date you cancel. Once they are returned, your responsibility ends.
5. We will contact you to arrange return and will either supply reply paid packaging for the
product to be posted to us or we will collect it. We will be entitled to charge you our
direct costs for its return and/or set the costs of return off against any amount that we
owe you.
6. This cancellation right does not affect your statutory rights. If you require any advice on
your legal rights, you can refer to www.consumerdirect.gov.uk.
If you choose Home Installation, a separate cancellation policy applies to this service which is
contained in the Terms and Conditions of Home Installation (set out at the end of thisContract).
SKY BROADBAND HOME INSTALLATION Terms and Conditions
These are the Terms and Conditions under which we will install Sky Broadband at your
Address (“Contract”). We are Sky Broadband S.A (“Sky”), a company within the British Sky
Broadcasting group. You can call us in relation to this Contract on 08442 410 515.
In this Contract “Address”, “Wireless Router”, “Minimum Term” and “Sky Broadband”
have the same meanings as given for those terms in the Sky Broadband subscription
contract.
1. Installation and your computer
(a) We will organise a day for installation which is convenient for both of us, but this will be
subject to the availability of the Wireless Router.
(b) Before installation you should back up or save any data on your computer to avoid any
loss or corruption occurring as a result of installation.
(c) You have the option of installing McAfee Internet Security Suite if you are a PC user or
McAfee Virex if you are a Mac user. If you want to install this software you will have to
uninstall any existing security software beforehand. If you do not want to install this
software, please advise the engineer before your installation starts.
(d) You need to be present during the installation. If this is not possible, then you need to
ensure that someone else, aged 18 or over, is at your Address to allow us access and
to log into all the computers from which you wish to access Sky Broadband.
2. Installation offers
If you pay nothing or a reduced price compared to our standard price for your
installation, we can charge you the difference between the lower price you have paid (if
any) and our then standard price for installation if your Sky Broadband subscription
contract ends during the Minimum Term (other than where we withdraw Sky Broadband
or you end your Sky Broadband subscription contract and have the right to do so).
3. Cancellation
(a) You can cancel your installation at any time before it starts in the following ways by:
(i) calling on 08442 410 515;
(ii) writing to Sky Subscribers Services Limited, Customer Relations Department,
PO Box 99, Livingston, West Lothian EH54 7PR;
(iii) sending a fax to 01506 484701; or
(iv) sending an email to broadbandcustomerservice@bskyb.com.
(b) You must give your name, address, post code and customer number in order to cancel
your installation.
(c) This cancellation right does not affect your statutory rights. If you require any advice on
your legal rights, you can refer to www.consumerdirect.gov.uk.
USAGE POLICIES
Any terms in capitals not defined in this Usage Policy will have the same meaning as in your
Contract. This Usage Policy applies to you and anybody you allow to use Sky Broadband.
Any reference to “you” shall be interpreted to mean you and anybody you allow to use Sky
Broadband. You are responsible for the use of Sky Broadband by any person you allow to
use it.
USAGE CAPS
Broadband
If you subscribe to a Product that has a cap on the amount of data that you download or
upload each month (“Usage Cap”), your usage must not exceed that Usage Cap each month.
For the current Usage Caps on each Product, please go to www.sky.com/broadband.
If you exceed your Usage Cap, we will contact you by email to let you know that you have
done so.
If your usage continues to exceed your Usage Cap, we will continue to contact you by email
to ask you to reduce your usage immediately. If after a reasonable period of time your usage
still exceeds your Usage Cap, then we may do one or more of the following things by notice in
writing:
(a) charge you fair and reasonable costs for your usage (and any reasonable
administration costs) in excess of your Usage Cap;
(b) change your subscription to a Product with a higher Usage Cap, in which case we
would also notify you of the new price you will be charged;
(c) suspend your use of Sky Broadband for the relevant month;
(d) end your Contract in accordance with Condition 11 of your Contract; or
(e) suspend some or all of your Email Tools.
E-mail
Whatever Product you take there are limits on the use of the Sky Broadband email accounts
by you and anyone you allow to use an email account.
(a) There is an upper limit on the size of each mailbox account. This will restrict the amount
of Messages you are able to store using Sky Broadband; and
(b) There is an upper limit to the size of each Message which you can send using a Sky
Broadband email account.
You must not exceed these usage limits.
You must only use a Sky Broadband e-mail account for normal e-mail purposes and not, for
example, as a storage facility. For the current usage limits, please go to www.sky.com.
If you exceed these usage limits or use a Sky Broadband e-mail account for abnormal
purposes, for example the storage of large files, then we may immediately suspend the email
account or we may send you an email telling you to reduce your mailbox size or usage (as the
case may be). If you do not act on our notification we may then suspend the relevant email
account, or end your Contract in accordance with Condition 11 of your Contract.
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FAIR USAGE POLICY
If you subscribe to a Product that does not have a Usage Cap, our Fair Use Policy (“FUP”)
will apply to you and anybody that you allow to use Sky Broadband.
Why have a Fair Use Policy?
Sky is committed to ensuring that our systems and network (“Sky Network”) and Sky
Broadband are fast, reliable and great value for all of our customers. Our FUP is designed to
help us keep that promise to you.
The bandwidth that is available on our network is shared by all customers that are active on
the network at a particular point in time.
So, Sky relies on our users being fair and considerate of others in their broadband usage. If
one person takes up too much or all the bandwidth, this results in a loss of service quality and
speed for other users, and in some cases where one customer’s usage is excessive in the
extreme, this can have a long-lasting detrimental effect on the rest of our users and the Sky Network.
Am I going to be affected by the Fair Use Policy?
Our FUP normally has little or no effect on the average broadband user. For example, if you
do not excessively use file sharing software (including peer-to-peer) or regularly download
very large files, you will most probably never be affected by the policy.
However, if your use of Sky Broadband becomes consistently excessive and has an adverse
impact on the Sky Network and/or other users, our FUP enables us to intervene.
How can I manage my usage?
There are a number of ways to manage your usage, however the most effective is to keep
your use of file sharing software (including peer-to-peer) and uploading and downloading of
very large files reasonable. You should also only the e-mail accounts for e-mail purposes and
not, for example, for as a storage facility.
How will I know if my usage is excessive?
Our aim is to provide a fair broadband service to all our customers. Therefore, we think to
impose an actual figure on what we consider to be “excessive” use is not necessarily helpful
and may penalise users unfairly. What is deemed excessive will be determined by a number
of factors including (but not limited to) the length of time which your excessive usage
continues for, as well as the amount of bandwidth being used.
If, in our reasonable opinion, you have breached this FUP, we may immediately suspend the
relevant email account or we may contact you by email to let you know that your usage is
excessive and is affecting the Sky Network and/or other users.
If after we have sent you the first email your usage continues to be excessive, we will contact
you again by email to ask you to reduce you usage. If after a reasonable period of time your
usage still remains excessive then we may do one or more of the following things by notice in
writing:
(a) impose a monthly usage cap on your use of Sky Broadband which you must not
exceed;
(b) pair your use of Sky Broadband with other users in the same excessive usage category
as you;
(c) charge you fair and reasonable costs for your usage (and any reasonable
administration costs);
(d) suspend your use of Sky Broadband for the relevant month;
(e) end your Contract in accordance with Condition 11 of your Contract; or
(f) suspend some or all of your Email Tools.
ACCEPTABLE USE POLICY
Irrespective of which Product you have subscribed to, our Acceptable Use Policy (“AUP”) will
apply to you and those who you allow to use Sky Broadband.
If you have any queries about our AUP, you can contact us by emailing abuse@sky.com.
Don’t use Sky Broadband illegally!
Sky Broadband and the Sky Network may only be used for lawful purposes in accordance
with all laws, statutes and regulations in force from time to time in the United Kingdom
(“Laws”).
You may not use Sky Broadband and/or the Sky Network to send, receive, store, distribute,
transmit, post, upload or download any materials or data which:
violates any Law;
is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment;
is or may be harmful to minors;
promotes or encourages illegal or socially unacceptable or irresponsible behaviour;
is in breach of any third party rights (including any third party intellectual property
rights);
has any fraudulent purpose or effect or involves you impersonating another person or
otherwise misrepresenting yourself as the source of any communication; or
damages or may damage our name and/or reputation or the name and/or reputation of
our sub-contractors or agents.
We have put technical measures in place to prevent you from accessing certain websites that
contain illegal images of child abuse that are identified from time to time by the Internet Watch
Foundation (“IWF”). Although these filters are comprehensive, they do not provide an
absolute guarantee that you will be unable to view such illegal images on the internet. In
addition, these measures do not filter other content which you may find distasteful, such as
“adult” material. On this basis, we recommend that you consider installing additional software
on your computer to prevent access to inappropriate websites or content on the internet.
For further information regarding the IWF, please visit their website at www.iwf.org.uk.
Do not violate anyone’s systems or network security
You must not use Sky Broadband to violate Sky Network’s 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 Sky Network’s 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, worms, corrupted files, hoaxes, Trojan horses or any
other items of a destructive or deceptive nature;
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 the Sky Network to insecure machines or services able to be exploited
by others to carry out actions which constitute a breach of this AUP.
You must not adapt, modify, decompile or reverse engineer any part of Sky Broadband.
You are responsible for all materials and/or data originating from the machines and/or
networks that you have connected to the Sky Network. You must immediately disconnect
(and subsequently secure prior to reconnection) machines generating materials and/or data
which contravene this AUP once notified of such activity by Sky.
Messages
You must not send Messages to anyone who does not wish to receive them. We
acknowledge that email and instant messaging are informal methods of communication
however you must refrain from sending Messages to another user after receiving a request to
stop.
You must not send unsolicited bulk Messages or any other form of abusive electronic
communication. In particular, unsolicited advertising mailings (whether commercial or
informational) are strictly prohibited.
You must not operate, host, provide hosting facilities to or assist in any way any web site,
email address, or any other online service which is advertised or promoted by means of
unsolicited bulk Messages (whether commercial or informational), any mass messaging
facility or any other form of abusive electronic communication.
You must not send, distribute, or reply to mail-bombs. Mail-bombing is either sending copies
of a single message to many users, or sending large or multiple files or messages to a single
user with the intention of disrupting their internet experience.
You must not use false Message headers or alter the headers of Messages to conceal their
email address or to prevent internet users from responding to messages. You must not use
any email address that you are not authorised to use.
You must not suggest or imply that any Message you send is from, authorised or endorsed
by, any Sky company or relates to any Sky business.
We will scan your incoming Messages for viruses and remove any Messages from the Sky
Network which contain viruses. Although these filters are comprehensive, they do not provide
an absolute guarantee that you will not receive viruses via Messages and you are advised to
install appropriate anti-virus software on your computer.
We will scan your incoming Messages for spam and move any suspected spam to a separate
folder in your email account where you can inspect it to ensure that non-spam Messages
hasn’t been inadvertently identified as spam. Items of suspected spam will be deleted after
30 days.
World Wide 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 that you connect to the Sky Network using Sky Broadband. You must not
use world wide web pages within or outside the Sky Network to violate any part of this AUP or
to disrupt or attempt to disrupt another internet user’s internet experience.
How do you 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 the Sky Network or Sky
Broadband, please email us at abuse@sky.com.
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 by email (provided that this notification does not
prejudice any investigation) and we may also:
(a) immediately suspend your access to Sky Broadband until such time as we are satisfied
the breach has stopped;
(b) immediately end your Contract;
(c) notify and/or pass on the details of the breach of the AUP to any relevant government,
statutory, self-regulatory or law enforcement authority;
(d) 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 the Sky Network or our servers;
(e) remove (either temporarily or permanently), copy, store, monitor or otherwise deal with
data and/or other material on the Sky Network and/or our servers; or
(f) suspend some or all of your Email Tools.
Sky will use your personal data and other account information in connection with any
investigation carried out by Sky in accordance with this AUP, including by disclosing it to any
third party authority that Sky considers has a legitimate interest in any such investigation or its
outcome.
SKY GROUP COMPANY DETAILS
Sky Broadband S.A. Société Anonyme. 23 Avenue Monterey, L-2086 Luxembourg R.C.S.
Luxemburg B-118.641.
Sky In-Home Service Limited is registered in England (No. 2067075). Registered office:
Grant Way, Isleworth, Middlesex TW7 5QD, UK.
Sky Subscribers Services Limited is registered in England (No. 2340150). Registered
office: Grant Way Isleworth, Middlesex TW7 5QD, UK.
British Sky Broadcasting Limited is registered in England (No. 2906991). Registered
office: Grant Way Isleworth, Middlesex TW7 5QD, UK.
Easynet Telecommunications Limited is registered in England (No. 2883980). Registered
office: 44-46 Whitfield Street London W1T 2RJ.
THIRD PARTY COMPANIES
Google Inc. is registered in America. Registered office: 1600 Amphitheatre Parkway,
Mountain View, CA 94043, United States.
Google Ireland Limited is registered in Ireland (No. 02906991). Registered office: Gordon
House, Barrow Street, Dublin 4.
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