Fair Use Policy

This fair use policy (the “Fair Use Policy”) outlines the terms and acceptable use standards for Enigma’s connectivity and communication services, including but not limited to internet, telephony, and VOIP services.

By using Enigma’s services, you agree to comply with this Fair Use Policy. It is designed to ensure the integrity, security, and lawful use of our network and services. This Fair Use Policy may be updated from time to time and applies in addition to Enigma’s Standard Terms.

Any reference to Enigma services or product shall also include Third-Party Licences or any affiliated connections or networks, as appropriate. Any capitalised terms not otherwise defined herein, shall have the meanings ascribed to them in the Standard Terms.

Except where expressly stated otherwise, this Fair Use Policy is subject to and governed by Enigma’s Standard Terms. In the event this document is silent on any matter, the relevant provisions of the Standard Terms shall apply and shall govern that subject matter accordingly.

1) GENERAL

1.1) We remind the Client that when they are connected to the internet via our service they must comply with the law. The Client must not use our service:

  1. For the improper use of a public electronic communications network which is or would be an offence under the Communications Act 2003;
  2. For any unauthorised access or denial of service attack which is or would be an offence under Sections 1, 2 or 3 of the Computer Misuse Act 1990;
  3. To commit an offence under the Regulation of Investigatory Powers Act 2000;
  4. To commit an offence under any other relevant UK legislation.

1.2) In the circumstances set out in this Fair Use Policy and any related agreements, Enigma reserves the right, at its sole discretion, to suspend accounts, refuse service, or limit access to its Services. Such actions may be taken immediately and without prior notice, warning, or refund. Enigma may contact the Client to request further information or an explanation of any actions taken. In the event of account suspension, the Client must contact Enigma for further information regarding the status and next steps.

1.3) The use of and access to our Services by you (and any associates or affiliates) is subject to this Fair Use Policy, and moreover, all applicable laws and regulations, including those that relate to data protection and the transport, processing, export of data, software or technical information (regardless of whether tangible or intangible). We reserve the right to terminate the accounts of, and block access to the Services to any users who infringe any applicable laws or these Terms at any time and with or without notice.

1.4) You access and use of the Services on your own initiative, and you solely are responsible for your compliance with a jurisdiction’s laws and regulations. We reserve the right to limit in any way we see fit the availability of the Services or any part thereof, to any person, geographic area, jurisdiction, or entity, at any time.

2) CLIENT RESPONSIBILITIES

2.1) The Client is responsible for any actions when connected to our network and the systems the Client accesses through their connection. If the Client acts without care or irresponsibly in using their connection or their actions put at risk the integrity or security of the Enigma network, systems or equipment, the Client’s access may be restricted, suspended or terminated, without prior notice.

2.2) The Customer will ensure that the specification of the Services ordered is suitable and safe for the intended use and environment of use.

2.3) In particular, the Client agrees that they will not use, attempt to use, or allow the use of, the Services or Goods (or the Client’s connection), to:

  1. Store, send, or distribute any content that is unlawful, prohibited, obscene, offensive, or restricted under applicable law, or that infringes third-party intellectual property rights or discloses confidential information without proper authorization;
  2. Engage in conduct that defames, harasses, abuses, threatens, or incites violence or hatred against any person or group, or that constitutes fraud or illegality, or violates any code, standard, or regulation of a competent authority;
  3. Exploit persons, including those who are vulnerable, in any form, including audio, video, digital content, or photography;
  4. Share illegal, abusive, harassing, or otherwise objectionable content;
  5. Violate ethical, moral, customary, or fair conduct norms;
  6. Use the Services for non-lawful purposes;
  7. Or use the Services for military purposes, including cyber warfare or the development of nuclear, chemical, or biological weapons;
  8. Not forge header information, email source addresses, or other identifying data;
  9. Access, monitor, or reverse engineer any system or data without authority;
  10. Compromise, interfere with, or threaten the security or integrity of any system or network, including Enigma’s;
  11. Distribute malware, viruses, or any other means intended to damage or disrupt systems;
  12. Overload networks or systems through spam, excessive bandwidth use (as referenced in clause 5 herein), or similar
    misuse;
  13. Harvest, collect, or publish personal data without consent; gain or attempt to gain unauthorized access to any system, service, or user account;
  14. Interfere with service availability or infrastructure performance;
  15. Circumvent any security features or technological measures implemented by Enigma;
  16. Not sublicense, transfer, sell, or commercially exploit the Goods or Services without authorisation;
  17. Use bots, scrapers, or similar automated tools to access the Goods or Services without Enigma’s prior written permission;
  18. Copy, build, or offer derivative works based on Enigma’s ideas, products, features, functions, or graphics;
  19. Not engage in unlawful or fraudulent activities, including spam or unsolicited communications (including mass opt-in email), port scanning, open relay/proxy scanning, phishing, pharming, identity theft, credit card or financial fraud, cryptocurrency scams, hacking, scraping, extortion, blackmail, kidnapping, rape, murder, or the sale of stolen goods, controlled substances, dual-use items, or pirated digital content;
  20. Not threaten, stalk, or promote discrimination, bigotry, or harm to others;
  21. Misrepresent themselves as a representative or agent of Enigma or its Services;
  22. violate, misappropriate, or infringe on others’ legal rights, including privacy and intellectual property rights;
  23. Authorise, aid, abet, encourage, conspire with, or incite others to commit any of the above acts, nor otherwise breach, infringe, or circumvent these Standard Terms.

2.4)  Any use of the Services by minors should only be done in full guidance and supervision and with the consent of their parents or guardians. We rely on parents and guardians to make sure minors only use the Services if they understand their rights and responsibilities as they relate to Enigma. Consistent with law, Enigma does not knowingly collect personal data from minors without their parental consent. If we learn that we have accidentally obtained such information we will delete it promptly.

2.5) We encourage you notify us of any violation of these Terms by any user of Enigma’s products and services; in such an instance, we may take appropriate action.

2.6) In addition, the Client may not use our network to create, transmit, distribute, or store content that:

  1. Violates a trademark, copyright, trade secret or other intellectual property rights of others;
  2. Violates export control laws or regulations;
  3. Violates the privacy, publicity or other personal rights of others;
  4. Impairs the privacy of communications;
  5. Constitutes deceptive marketing, causes technical disturbances to our network (including excessive usage of bandwidth under this Fair Usage Policy’s clause 5), its affiliated networks, or the network used by customers to access or use the Services, or violates the policies of such connections, including by the intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data;
  6. Assists, encourages or permits any persons in engaging in any of the activities described in this Fair Usage Policy’s clause 2.6.

2.7) If the Client becomes aware of any such activities, the Client acknowledge their obligation to immediately notify us in writing and take all other appropriate actions to cause such activities to cease.

2.8) The use of automated tools or bots to interact with or extract data from Enigma services, other than for authorised APIs or approved use cases, is strictly prohibited.

2.9) Enigma may monitor usage patterns, traffic volume, and storage consumption for the sole purpose of ensuring compliance with this Fair Use Policy and protecting service integrity. Such monitoring will be conducted lawfully and proportionately.

2.10) Clients must not use Enigma’s cloud services to facilitate automated cloud-to-cloud transfers or republishing of third-party hosted content unless for approved use cases or explicitly authorised in writing by Enigma.

2.11) Clients must not use Enigma’s services to collect or datasets for the purpose of training proprietary or third-party AI or machine learning models, unless expressly authorised in writing by Enigma.

3) USE OF EMAIL WITH PARTICULAR REGARDS TO SPAM

3.1) Also known as junk mail or unsolicited commercial messaging, the term “spam” refers to messaging a large number of recipients who have not requested or opted to receive it and have no reasonable expectation of receiving email from the sender. Email sent by a company or an organisation with whom the recipient has established a relationship, or which was requested or accepted (opt-in requirement) by the recipient is not considered spam.

3.2) Spamming is not only harmful because of its negative impact on consumer attitudes toward businesses that supply email and interconnection services, but also because it can overload our network and disrupt service to other customers.

3.3) As a user of Enigma Services, sending direct marketing messages, the Client must:

  1. Include a conspicuous notice identifying the message as an advertisement or a commercial solicitation;
  2. Provide a valid physical postal address in each email the Client sends;
  3. Include a valid contact address or an ‘unsubscribe’ link allowing the recipient to opt-out, either by replying to a valid contact address, or by using an Internet-based unsubscribe mechanism;
  4. Process opt-out requests for at least thirty (30) days after the sending of the commercial email and cease further emails within two (2) Business Days upon request;
  5. Comply with any regulation in force that covers direct marketing regulations.

3.4) The Client may not:

  1. Include false, deceptive or misleading header information, including a false domain name or address;
  2. Send messages with a false, deceptive or misleading subject line;
  3. Include sexually explicit content in the Client’s messages;
  4. Add an address into the Client’s messaging list without the subscriber’s permission;
  5. Maintain an email address in the Client’s messaging list for which an opt-out request has been received;
  6. Use lists older than six (6) months without obtaining a confirmation of the subscriber’s permission;
  7. Harvest contact information from websites or web services;
  8. Generate contact information by using a dictionary attack combining letters and numbers into multiple permutations;
  9. Use scripts or automated ways to register for multiple user accounts to send commercial messages;
  10. Relay messages through a computer or network without permission;
  11. Use a subscription form to subscribe users for an unrelated list or to send them content differing from the one they have agreed to;
  12. Send messages with added words/characters in an attempt to bypass Bayesian filters;
  13. Send, or attempt to send, Spam of any kind from third-party networks using a return address that is hosted on our network, or referencing an address hosted on our network;
  14. Send messages which result in complaints from the recipient or from the recipient’s email provider, or which result in blacklisting of the sender’s messaging address or mail server;
  15. Send messages which are excessive and/or intended to harass or annoy others;
  16. Continue to send messages to a recipient who has indicated that he/she does not wish to receive it;
  17. Take any actions intended to cloak the Client’s identity or contact information, including intentionally omitting, deleting, forging or misrepresenting message headers or return addresses;
  18. Take any other action that results in the blacklisting of the sender’s messaging address or mail server, or negatively impacts other customers who use the messaging service;
  19. In the absence of reasonably verifiable evidence from the Client to the contrary, Enigma will consider complaints by recipients of messages to be conclusive that the recipient did not subscribe or otherwise request the messages about which a complaint was generated.

4) BULK MESSAGING

4.1) The use of our network to send bulk messages, whether opt-in or otherwise, and the use of bulk messaging to promote a site on our network is strictly forbidden. Bulk mailing is defined as:

  1. Messages with more than 50 recipients per message;
  2. Sending messages at a rate of over 5 messages per minute.

4.2) If attempts to send bulk messages are detected, Enigma reserves the right to immediately block, suspend, or throttle the affected Services. Depending on the severity or recurrence, Enigma may impose additional limitations or require the Client to migrate to a service plan designed for bulk distribution.

5) EXCESSIVE USAGE OF BANDWIDTH

5.1) The use of bandwidth which is inappropriate for a particular service is to be avoided. In the event that excessive usage of bandwidth on a consistent basis is detected, Enigma will contact the Client to propose a more suitable service as a replacement. If the Client declines to accept the suggested replacement service and the excessive usage continues, Enigma reserves the right to restrict, suspend or terminate access, at our discretion.

5.2) Large bandwidth requirements across numerous sites would be better suited by a solution that does not have the potential to impact other users.

6) BULK CALLS

6.1) The Client is responsible for all call traffic that is sent from their phone systems, handsets and softphones.

6.2) The Client must not use the services to send bulk unsolicited telephone calls.

6.3) The Client must not embark on any course of action which may cause an excessive level of call traffic without providing Enigma with at least seven (7) days’ prior notice in writing.

7) CLOUD STORAGE AND FILE TRANSFER SERVICES

7.1) The Client must use any cloud storage or file transfer services provided by Enigma (the “Cloud Services”) in accordance with applicable laws and this Fair Use Policy. These services are intended for business-related storage, sharing, and transfer of files only.

7.2) The Client agrees not to use Cloud Services to:

  1. Store, upload, or transmit any data that is illegal, infringing, offensive, or otherwise in breach of applicable laws or third-party rights;
  2. Transfer or host malicious software, including viruses, worms, Trojan horses, or spyware;
  3. Distribute or share content in a way that intentionally circumvents copyright enforcement mechanisms or digital rights management systems;
  4. Store or transfer sensitive personal data without ensuring appropriate encryption and data protection measures;
  5. Host files for third-party public distribution (e.g., using cloud storage for general file hosting not related to Enigma-provided services);
  6. Conduct file-sharing activities that involve peer-to-peer (P2P) file exchange or streaming services without prior written consent from Enigma;
  7. Upload or transmit files that are larger than the maximum individual file size limit imposed by Enigma (if any), or that exceed overall storage limits associated with the Client’s service tier.

7.3) Enigma reserves the right to monitor storage usage and data transfers to ensure compliance with this Fair Use Policy. In the event of repeated or significant breaches, Enigma may:

  1. Suspend or restrict access to Cloud Services;
  2. Require the Client to upgrade to a more suitable service plan;
  3. Delete or quarantine non-compliant files, with prior notice where feasible.

7.4) The Client is solely responsible for maintaining backup copies of all data stored using Cloud Services. Enigma does not guarantee the continued availability or recoverability of stored data in the event of deletion or service disruption.

7.5) Any third-party services used in connection with Enigma’s Cloud Services must also comply with the requirements of this Fair Usage Policy and with relevant third-party terms of service or licensing agreements.

8) INTERNET SPEEDS

8.1) If you require details of the speeds and throughput of our Services, you can speak to your account manager.

8.2) Whilst we are committed to providing you with great internet access services, the speeds that you experience are also dependent several factors, including your own actions. For instance, if you try to download multiple large files during working hours at the same time this will have an impact on your speed. You could therefore want to schedule large updates to run overnight or on the weekends to improve your service. Additionally the type of product you consume and how it is delivered to your premises can affect the speeds you receive, particularly when all or part of the services is delivered over the copper network.

8.3) It is also important that you select the right product for your business needs. If you need to support a high volume of traffic and devices then you may need to upgrade to ensure consistent quality of service. For more information on the speeds required to undertake common internet activities please see Ofcom’s relevant guidance. Your account manager will also be able to work with you to ensure that you are using the appropriate product.

8.4) Finally, the quality of your internet services can be impacted by the devices which you use. Older equipment is less likely to provide the speeds you are expecting. Speeds may also be affected where you access them over Wi-Fi.

8.5) If you are experiencing issues with your internet speeds please raise a service request via Enigma’s portal in the first instance and we will work with you to find a solution.

9) ADMINISTRATION OF POLICY

9.1) The Client understands that the administration of this policy requires the exercise of discretion and judgment. Enigma agree to exercise good faith in the administration of this policy and in making any such determinations.

9.2) Save as specified herein, the provisions of this Fair Usage Policy will continue in force after the termination of the Standard Terms.