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1.1 The "Agreement" is made up of the terms and conditions set out in this document (including these Standard Terms and Conditions and the Fair Usage Policy set out below), the terms set out on your order form (including any special offer terms included or referenced on your order form), the Vodafone Price Guide (available from www.vodafone.co.uk/athome), and any other documents referred to in these terms and conditions.
1.2 "We" or "us" or "our" in the Agreement means Vodafone Limited, or our successors or assigns. "You" or "your" in the Agreement means the customer named on the order form.
1.3 You agree that we may assign or otherwise transfer the Agreement, or some or all of our rights and obligations under it, at any time. This may mean that one or more different companies are responsible for providing the Services under the Agreement. This will not affect how much you pay, and the company or companies providing the Services will still be obliged to provide the Services in accordance with the terms of the Agreement. It may mean that a different company is legally responsible for the Services, but on a day-to-day basis there will not be any difference in the Services you receive. Payment requests will clearly set out which company or companies are legally responsible for the Services.
2.1 The Agreement will commence on the date we accept your order, continue for any minimum period agreed between you and us (a "Minimum Period"), and will continue thereafter until brought to an end by either you or us in one of the ways set out in paragraph 11.
2.2 Acceptance of your order will take place on the date we send you our order confirmation letter or email. After this point we will commence work transferring your fixed line and broadband access to our network, and as such this will constitute the start of our provision of the Services to you with your consent. However, our acceptance of your order will be conditional on your eligibility for the Services, and we may cancel this contract immediately with notice to you should you be found ineligible for the Services.
Description of the Services
3.1 We agree to provide you with the following "Services":
3.1.1 the "Fixed Line Services", comprising line rental providing access to the public telecommunications network, and the calls and features as detailed in your chosen package set out in your order form or such package as you request from time to time;
3.1.2 the "Broadband Services", comprising network access to the internet, telephone support and the other applications and features as described at www.vodafone.co.uk/athome; and
3.1.3 any "Additional Services" which we may supply and you may order from us from time to time. Additional Services include where we agree to carry out any work at your home (for instance installing or upgrading your telephone line).
3.2 You may only use the Services for your own personal use, and not for any commercial use or profit. You are always responsible for use of your account, whether it is used by you or by others.
3.3 If you are a customer with special needs (for example an elderly or disabled customer) we can provide you with services and products geared towards your needs. We can provide you with information material in other formats, such as Braille, audio or large print. Please contact us and tell us how we can help you.
Availability of the Services
3.4 To be eligible to enter into the Agreement you must meet the following conditions:
3.4.1 you must have a Vodafone mobile phone connected to the Vodafone UK network on a consumer pay monthly contract; and
3.4.2 you must live in an area where you can receive the Broadband Services, as indicated by the coverage checker at www.vodafone.co.uk/athome; and
3.4.3 you must have a working BT analogue telephone line which is compatible with broadband provision.
3.5 The Services are not available separately – if you want to receive the Broadband Services you must also receive the Fixed Line Services, and vice versa. One Vodafone consumer pay monthly mobile contract entitles you to one Agreement for the Services with Vodafone.
3Only a Vodafone consumer pay monthly mobile contract customer can order Services, and you may not transfer the 3.6 Services to other members of your household (unless they become a Vodafone mobile customer on a consumer pay monthly contract and we agree to such transfer).
3.7 After we receive your order we will notify you of the date on which we plan to connect you to our network and make the Fixed Line Services and Broadband Services available to you. However, the actual date will depend on a number of factors – including how long it takes any existing broadband provider to transfer your line to us. Therefore any connection dates we provide are estimates only, and you agree that we will not be liable to you for a failure to meet a connection date.
Our obligations in providing the Services
3.8 We will provide the Services using reasonable skill and care and in accordance with the terms of the Agreement.
3.9 We will try to minimise any disruption you suffer as a result of moving from your existing provider to us, but you acknowledge that some disruption and a temporary loss of service is inevitable.
3.10 Our ability to provide the Fixed Line Services and Broadband Services is dependant upon the companies who provide services to us, as well as the general availability of the public telecommunications network. While we have taken great care in selecting the companies we work with, you acknowledge that there are factors outside of our control which will limit our ability to provide the Services to you. You acknowledge that it is technically impossible to provide Services entirely free from error or faults, and we do not undertake to do so.
Your use of the Services
3.11 You agree to follow our reasonable instructions relating to our provision of and your use of the Services, and agree to allow us reasonable access to your home if we need to carry out any work. You also agree to get any permission needed from someone else if we have to cross their land or put our equipment on their premises in order to provide you with the Services.
3.12 Some equipment which you use to access the Services will remain our property, or the property of our service providers, even though it is in your home. This will include the telephone line and socket, which is owned by BT. You agree to take reasonable care of this equipment, and agree that if you fail to do so you will be responsible for the costs of repair or replacement in the event that the equipment is damaged.
3.13 You agree not to use the Services or allow the Services to be used:
3.13.1 in any way in contravention of our Fair Usage Policy (as set out below);
3.13.2 in any way which is illegal, criminal, fraudulent or otherwise unlawful, or is in contravention of any licence or third party rights;
3.13.3 to make or send offensive, indecent, menacing, nuisance or hoax calls or communications, or to cause annoyance, inconvenience or needless anxiety;
3.13.4 to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene, menacing or otherwise unlawful or inappropriate;
in any way which we reasonably believe is, or is likely to be, detrimental to us, to the provision of the Services to you, to any of our customers or to any other users of the public telecommunications network.
3.14 We take any misuse of the Services as described in paragraph 3.13 very seriously, and you agree to take all reasonable steps to make sure that it does not happen. If we reasonably believe that a breach of paragraph 3.13 has occurred, even if it happens without your knowledge, we will be entitled to immediately suspend all or any Services or end your Agreement without notice in order to protect us, our network, our customers, and other users of the public telecommunications network.
3.15 The copyright, trade marks and other intellectual property rights in any content, software or other materials ("Vodafone Materials") which we provide to you belongs to us or our suppliers. We grant you a licence to use the Vodafone Materials in order to receive and enjoy the benefit of the Services, but you agree not to copy, modify or publish the Vodafone Materials (although you may take one copy of any software to be kept and used as a back-up) and you agree not to supply the Vodafone Materials to any other person.
3.16 If we provide you with usernames and passwords allowing you to access the Services, you agree that you are solely responsible for ensuring that these are kept secure and private. You agree to notify us as soon as possible if you know or believe that the security of your account has been violated in any way.
3.17 You agree to indemnify us for our reasonable losses, costs and expenses arising from any breach by you of paragraphs 3.11, 3.12, 3.13, 3.15 or 3.16.
If you move house
3.18 If you are moving home within the UK and want to transfer your Vodafone At Home account to your new home, please notify us at least 10 Working Days before you move by calling 191 from your Vodafone mobile or 08700 700 191 from a landline. "Working Days" means Monday to Friday (excluding all UK public holidays).
3.19 We will advise you if it is possible to transfer the Services to your new address. If we can then, provided you give us all the relevant details at least 10 Working Days before you move, we will arrange for the Services to be transferred to your new address. If you are still within a Minimum Period of your Agreement then the Agreement and the Minimum Period will continue to apply at your new address. A connection fee will be charged for connecting the Services to your new home, for more details see www.vodafone.co.uk/athome.
3.20 If for any reason we are unable to transfer Services to your new address then you will be entitled to end the Agreement and, subject to providing us reasonable evidence of the change of address, will not have to pay a cancellation fee or the charges for the remainder of the Minimum Period.
Your telephone number
4.1 We will use reasonable endeavours to transfer your existing telephone number, provided you give us details of this at the time you place your order.
4.2 You agree in respect of your telephone number that:
4.2.1 the number must not be advertised in or on a phone box. If this happens, we may suspend or end the Services or the Agreement. However we will write to you before we take this action;
4.2.2 you do not own the phone number and that you will not transfer it to anyone else or to try to do so; and
4.2.3 we may change your phone number where it is reasonably necessary to do so. We will give you as much notice as we can before any change.
Call charges
4.3 Your monthly service plan charges include Charges for calls made to standard UK local and national landline numbers (UK numbers commencing 01 and 02) which do not exceed 60 minutes in length each ("Inclusive Calls").
4.4 Calls made to standard UK local and national landline numbers (UK numbers commencing 01 and 02) which exceed 60 minutes in length will be charged at our standard rates after the first 60 minutes.
4.5 Calls made to all other numbers will be charged at our standard rates. Details of our standard rates can be found at www.vodafone.co.uk/athome, where you will also find details of our call charging policies, call rounding policies and details of any charges that apply to calls in addition to charges based on the duration of the call.
Your use of the Fixed Line Services
4.6 All calls made using the Fixed Line Services are subject to our Fair Usage Policy (set out below), and we reserve the right to impose limits on your Inclusive Calls, apply additional charges or suspend or terminate your access to the Services, if we reasonably believe that your use constitutes a breach of our Fair Usage Policy.
Broadband connection speed
5.1 The Broadband Services provide connection to the internet. However, you acknowledge that the actual speed you experience will depend on a number of factors, including the type of connection you have, how close you are to your BT local exchange, and how many other users are accessing the public telecommunications network at the same time as you.
Fair use of the Broadband Service
5.2 The Vodafone At Home Broadband Service is described as "unlimited". "Unlimited" means that where you make normal, fair and reasonable use of the Broadband Services we will not impose controls on the volume of data that you can download or upload using the Broadband Service. Your use of the Broadband Service is, however, subject to our Fair Usage Policy (as set out below), and we reserve the right to impose download limits at any time, or suspend or terminate your access to the Services if we reasonably believe that your use constitutes a breach of our Fair Usage Policy.
6.1 We agree to provide you with an Ethernet modem, filters, cables and other equipment, all as described at www.vodafone.co.uk/athome (the "Standard Equipment"). We agree to supply the Standard Equipment to you free of charge, provided that you continue to receive the Broadband Services for the Minimum Period set out in the order form.
6.2 We may also make available for purchase "Additional Equipment" to be used with the Services. Each purchase of Additional Equipment will constitute a separate contract with us.
6.3 We will take all reasonable steps to pass on the benefit of any manufacturer's warranty applying to any equipment we supply to you.
6.4 Apart from the Standard Equipment you are responsible for providing all equipment necessary to enjoy the benefit of the Services, including a telephone and computer of the appropriate specification. For details of the minimum computer specification, and other requirements, please visit www.vodafone.co.uk/athome.
6.5 You agree only to connect equipment to our network which bears the European Consumer Equipment Standards "CE" mark, and agree not to connect any equipment which may harm our network or any of our other customers.
7.1 If for any reason you change your mind about the Services, you can cancel your order at any time up to 30 days from the date we accept your order.
7.2 If you want to cancel please call 191 from your Vodafone mobile or 08700 700 191 from a landline, or write to us at Vodafone Limited, PO Box 549, Adderbury, Banbury, OX17 3ZJ. You must provide us with the following information: your name, address and mobile number; your landline number; and (where possible) a brief explanation of why you have decided to cancel your order.
7.3 Remember that in moving your services to Vodafone At Home both we and your existing provider will make changes to your telephone and broadband network access. We cannot guarantee continuity of your existing telephone and broadband service if you cancel after we have started the process of making those changes.
7.4 You acknowledge and agree that you are solely responsible for arranging the provision of services by an alternative provider after you cancel your order with us. This will include where you decide to return to your previous provider. Where appropriate Vodafone will provide you with a Migration Access Code, but it is your responsibility to make all arrangements with the alternative provider. Except in the case of our negligence, we will not be liable to you for any loss of service or lack of continuity of service arising under paragraph 7.3 or this paragraph 7.4.
7.5 Where we supply Additional Equipment to you, you can cancel the order for such Additional Equipment at any time up to 30 days after you receive the Additional Equipment, by contacting us as set out in paragraph 7.2.
7.6 You agree to return all equipment supplied under a cancelled order to us intact, in good condition and in the original packaging if possible. Equipment must be sent by recorded delivery post to the address which we advise when you cancel the order. If you do not return the equipment to us within 30 days of cancelling the order we will be entitled to assume that you have decided to keep it, and will charge you for the full retail value of the equipment (as detailed at www.vodafone.co.uk/athome).
7.7 You agree that our provision of the Services may commence prior to the end of the statutory cancellation period arising under the Consumer Protection (Distance Selling) Regulations 2000. As a result, after we start to provide the Services to you, you will no longer be able to cancel your Agreement under the Consumer Protection (Distance Selling) Regulations 2000. The 30 day money back guarantee set out in this paragraph 7 is in addition to and in place of your statutory rights. For more details of your statutory rights please contact your local Citizens Advice Bureau.
8.1 You agree to pay all "Charges" in respect of the Services provided to you, which will include:
8.1.1 connection charges;
8.1.2 service plan charges (which include monthly line rental charges, the cost of call packages and any paid-for service features);
8.1.3 call charges; and
8.1.4 any other charges which apply in respect of the Services.
Further details of our Charges, including applicable rates, are available at www.vodafone.co.uk/athome.
8.2 We agree to discount your service plan charges if you are also a Vodafone mobile phone customer in the UK on a consumer pay-monthly contract. Details of the discount offer are available at www.vodafone.co.uk/athome. The discount will apply for as long as you remain a Vodafone mobile phone customer on a consumer pay-monthly contract. If you end your Vodafone consumer pay monthly mobile phone contract for any reason other than because of our breach of your mobile contract, the discount will cease to apply and we will be entitled to charge you the full service plan charge for the remainder of the Agreement. If you end your Vodafone mobile phone contract because we are in breach of your mobile contract then we will, at our option, either:
8.2.1 continue to apply the discount to your service plan charges under this Agreement; or
8.2.2 terminate this Agreement within 30 days of the termination of your mobile contract.
8.3 Our Charges may change from time to time in accordance with paragraph 10, but we will email you in advance with details of any changes.
8.4 We will issue you with a monthly payment request, which we will make available online at www.vodafone.co.uk/athome, and we will email you when a new payment request is available. You can also request paper copies of payment requests to be sent to you, although this will incur an additional charge. You agree to pay all Charges set out on a payment request within 7 days of the date on which the payment request is made available on the website, and agree to pay all Charges under the Agreement by direct debit.
8.5 If for any reason we have not received payment of our Charges by the due date, and payment is not in dispute, we will be entitled to suspend all or any Services. We will always contact you by phone and/or email before suspending the Services. We will also be entitled to charge you interest daily on the unpaid amount at the rate of 2% per annum above the base rate of Barclays Bank from time to time. We may also charge you our reasonable administration costs incurred as a result of your late payment or non-payment of any money you owe us.
8.6 We may arrange for payment requests to be issued by a third party on our behalf. Payment requests issued by such third party shall be binding on you and payment of such payment requests in full to the third party will be a valid discharge of your liability to pay such payment requests under the Agreement.
9.1 If you have any problems with the Services, the Standard Equipment or the Additional Equipment please contact our customer support hotline by calling on 191 from your Vodafone mobile or 08700 700 191 from a landline. Our customer support hotline will do their best to resolve any problems you have as soon as reasonably possible, but we do not undertake that all faults will be resolved.
9.2 If you notify us that any equipment we have supplied to you develops a fault within the first 12 months from supply, we will ask you to return it to us and we will arrange to have it repaired or replaced as soon as reasonably possible. We will not be liable for any other losses or expenses which you incur as a result of the fault, and repair or replacement of the equipment is your sole remedy under the Agreement. You will be responsible for the repair and replacement of the equipment after the first 12 months from supply (save where an extended warranty period is set out in any documentation included with the equipment in which case, the terms and conditions stated in that extended warranty will apply).
10.1 We reserve the right to increase or decrease our Charges from time to time. We will give you at least 28 days notice before making any changes to our Charges.
10.2 We may make changes to the terms of the Agreement, or add new terms, from time to time. We will post the updated terms on www.vodafone.co.uk/athome and will send you details of the updates we have made. Wherever reasonably possible we will try to notify you in advance of any material changes to the terms of the Agreement, but this may not always be possible (for instance where the updates are required to take account of a change in the law).
10.3 If we increase our Charges with the effect that your call and other usage charges for the Services (calculated as a percentage) increase by more than the greater of:
10.3.1 the increase in the Retail Prices Index figure (also calculated as a percentage) for the period from the month of the last increase (or where there have been no previous increases, the month on which we first made the Services publicly available) to the month before we send the notice of the change; or
10.3.2 10%,
you will be entitled to terminate the Agreement, provided you write to us before the increase takes effect. In such circumstances you will not be liable for any charges which may arise as a result of termination during a Minimum Period. The withdrawal of the discount offered under paragraph 8.2 shall not constitute an increase to which this paragraph 10.3 applies.
10.4 If we make any change to the terms of the Agreement (other than to the Charges) which is to your significant disadvantage, and which materially affects the Services or the way in which you enjoy the Services, you will be entitled to terminate the Agreement within 30 days of receiving notice of the change, or within 30 days of the change being posted on www.vodafone.co.uk/athome where no notice is sent. In such circumstances you will not be liable for any charges which may arise as a result of termination during a Minimum Period.
11.1 If you wish to end the Agreement you may only do so in accordance with paragraph 10.4 or this paragraph 11. You must write to us at Vodafone Limited, PO Box 549, Adderbury, Banbury, OX17 3ZJ. You must provide us with the following information: your name, address and mobile number; your landline number; and (where possible) a brief explanation of why you have decided to end the Agreement.
11.2 Either you or we may end the Agreement at any time by providing the other with 30 days notice in writing.
11.3 You may end the Agreement by giving us notice in writing if we do not do what we have agreed to do under the Agreement and do not put it right within 7 days of being asked by you in writing to do so.
11.4 You may end the Agreement immediately by writing to us if all of the Services are permanently no longer available to you.
11.5 We may end the Agreement immediately without notice in the event that you use the Services, or allow the Services to be used, in any of the ways set out in paragraph 3.13.
11.6 We may end the Agreement immediately by writing to you if:
11.6.1 you do anything (or allow anything to be done) which we reasonably believe may damage or affect the operation of our network;
11.6.2 you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets;
11.6.3 you do not do what you have to do under the Agreement (e.g. you fail to pay any Charges) and do not put it right within 7 days of being asked by us in writing to do so; or
11.6.4 all of the Services are permanently no longer available to you.
11.7 When the Agreement comes to an end:
11.7.1 your connection to the public telecommunications network will be disconnected;
11.7.2 you will have to pay immediately all charges outstanding at disconnection, and where we have your payment details you agree that we will be entitled to collect them;
11.7.3 unless you have ended the Agreement under paragraph 11.3 or 11.4 you will also have to pay the monthly service plan charges for the amount of the Minimum Period which is left to run. If you pay us this money in one lump sum immediately when the Agreement comes to an end, we will reduce the amount you have to pay us by 2%. If the Minimum Period has expired you will have to pay the monthly service plan charge for the full month in which the Services terminate; and
11.7.4 we will not be liable to you for Charges in respect of any Services already performed.
12.1 We will be liable under the Agreement if our negligence causes death or personal injury. In all other circumstances, we will not be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, or for any loss or damage that is indirect and/or was not reasonably foreseeable at the time the Agreement was entered into, whether due to our negligence or otherwise. There may be occasions when we are unable to provide the Services as a result of something outside of our reasonable control. We will not be liable to you if that is the case.
12.2 Our total liability to you under the Agreement will be limited in aggregate to an amount equal to £1,000, or the total Charges paid by you in the preceding 12 months (or the first 12 months of the Agreement where liability arises during that period), whichever is the greater.
12.3 As a consumer, the terms of the Agreement will not affect any legal rights which you may have which cannot be excluded by agreement. For more details of your legal rights you should contact your local Citizens Advice Bureau (www.citizensadvice.org.uk).
13.1 We take your privacy seriously, and we are committed to managing your personal data transparently and fairly. Please read our Privacy Policy at www.vodafone.co.uk for more details.
13.2 When you use the Services the identity of the telephone number or IP address may be sent through the networks so as to be identified by other users. They may be used to divert calls to us for administration and for the investigation of misuse of the network or fraud. The identity of your telephone number will always be sent if calling 999, 911 or 112.
13.3 We make every effort to ensure the security of your communications. You acknowledge, however, that under certain circumstances your communications may be intercepted or accessed by those other than the intended recipient. This may be done by us (or by third parties acting under our instructions) for our business purposes, for example in order to help us monitor the quality of services which we and our service providers are providing to you, for training, to prevent unauthorised use of our telecommunications systems, to ensure effective systems operation, in order to prevent or detect crime and to ensure that you are using the Services in accordance with our Fair Usage Policy (as set out below). This may also be done by third parties who have the lawful authority to do so.
13.4 We will take all reasonable steps to make sure that your communications are intercepted only in the circumstances set out in paragraph 13.3, however you acknowledge that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control.
13.5 You acknowledge that the internet is not a secure environment, and only you control the content which you upload or download using the Broadband Services. We have no responsibility for any such content. You should ensure that you put in place appropriate security controls, including anti-virus protection, anti-spam protection, anti-spyware protection and access controls where the computer is being used by children. We may provide you with access to software which will help you to do this, but it is your responsibility to install the software and ensure that it is operating properly, which will include paying for updates at the end of any free period.
14.1 If you have any problems with the Services, or with anything else under the Agreement, please read our Code of Practice at www.vodafone.co.uk, which details our complaints and dispute resolution procedures.
15.1 The Agreement only applies to the supply of Services within the United Kingdom. Where the services are provided to you in England or Wales the Agreement will be subject to English law. Where the Services are provided to you in Scotland the Agreement will be subject to Scottish law. Where the Services are provided to you in Northern Ireland the Agreement will be subject to Northern Irish law.
15.2 The Agreement is personal to you and you may not assign, sub-contract or otherwise transfer your rights or obligations under the Agreement to any third party.
15.3 When you order Services from us you must provide valid and accurate account details, including a contact email address and mobile telephone number. We will use these contact methods to contact you for all purposes under the Agreement. You agree to maintain and regularly check your email and telephone accounts, and in the event that they change you agree to update your contact details by calling us on 191 from your Vodafone mobile or 08700 700 191 from a landline. If you need to write to us for any purpose under the Agreement (including where any provision in the Agreement specifies that you must notify us in writing) you agree to write to us at Vodafone Limited, PO Box 549, Adderbury, Banbury, OX17 3ZJ.
15.4 There may be circumstances where either we or you are unable to fulfil our obligations under the Agreement because of an event beyond our reasonable control. This could include severe weather or other natural disaster, an act of terrorism, strikes or the negligence of third parties. In such cases we and you agree that the other will not be responsible for what has happened and will not be responsible for fulfilling their obligations under this agreement for as long as the event continues.
15.5 Except in the case of a permitted assignment of the Agreement under paragraph 1.3, a person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of the Agreement.
15.6 Failure by either of us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action.
15.7 In the event that a court, arbitrator or government agency finds that any part of the Agreement is unenforceable, then that part of the Agreement will be struck out and the remaining terms of the Agreement will continue unaffected.
15.8 The Agreement sets out the entire agreement and understanding between you and us relating to the provision of the Services, and supersedes any previous agreements and understandings between us (whether oral or in writing) relating to the Services.
15.9 Vodafone Limited is a company registered in England with a registered office address at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN, and registered company number 1471587.
1.1 This Fair Usage Policy forms part of your Agreement for Vodafone Fixed Line Services and Broadband Services. Details of the other terms and conditions that apply to the Vodafone At Home services are available from www.vodafone.co.uk/athome.
1.2 The Fair Usage Policy explains what constitutes acceptable use of the Fixed Line Services and the Broadband Services, and provides examples of the type of things which are unacceptable.
2.1 If we reasonably believe that your use of the Fixed Line Services, including (but not limited to) the total number of Inclusive Calls you make, is not consistent with normal, fair and reasonable use of such telephone services then we will be entitled, at our option, to: impose limits on your Inclusive Calls; charge reasonable additional charges for calls made; or suspend or terminate the Services.
2.2 Wherever reasonably possible we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.
3.1 In normal use the Broadband Service allows unlimited data transfer over our network. If, however, we reasonably believe that your use of the Broadband Services, including (but not limited to) the total amount of data which you download or upload, is not consistent with normal, fair and reasonable use of the internet then we will be entitled, at our option, to: impose limits on the amount of data which you may transmit; charge you reasonable additional data transfer charges; or suspend or terminate the Services.
3.2 Wherever reasonably possible we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.
4.1 You agree that you will not use the Services to do any of the following:
4.1.1 defame, abuse, harass, stalk, threaten, impersonate or otherwise cause annoyance, inconvenience or needless anxiety to any person or entity, or otherwise violate the legal rights of others (no matter where in the world those rights may exist);
4.1.2 send, receive, publish, post, distribute, disseminate or otherwise transmit over our network any material which is obscene, indecent, criminal, fraudulent or otherwise unlawful;
4.1.3 participate in any way in the sending spam, spoof emails, phishing emails or other fraudulent or unsolicited messages, or in the carrying out of denial of service attacks or distributed denial of service attacks;
4.1.4 carry out any commercial business, send any unsolicited commercial emails, advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters;
4.1.5 knowingly or negligently upload or download files that contain software or other material protected by copyright, trade marks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
4.1.6 falsify the origin or source of any content or other material (including software contained in a file that is uploaded);
4.1.7 knowingly or negligently transmit files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including (without limitation) corrupted files or files that contain viruses, trojans, worms, spyware or other malicious content;
4.1.8 upload or otherwise transmit information instructing, promoting, supporting or otherwise assisting in the carrying out of illegal or harmful activities, which includes (but is not limited to) instructions for the building or use of weapons.
4.2 If you believe that anyone is using our network in an unacceptable manner, and in particular to carry out a prohibited activity as listed above, please call us on 191 from your Vodafone mobile or 08700 700 191 from a landline.
5.1 This Fair Usage Policy applies to all users of the Fixed Line Services and Broadband Services, irrespective of whether that user is the account holder or a third party.
5.2 The Vodafone At Home account holder is solely responsible for all use of the Fixed Line Services and the Broadband Services through the account holder's account.
5.3 You agree to take all reasonable steps to ensure that only those parties within your home and approved by you have access to the Broadband Services through your account. This includes ensuring the privacy and security of your account details, putting in place appropriate encryption and access protection mechanisms (especially when using wireless networks) and using up-to-date anti-virus, anti-trojan and anti-spyware protection. Please let us know as soon as possible if you know or suspect that your account is being used without your permission.
5.4 You must not sell, rent or otherwise grant on a commercial basis, (or offer to sell, rent or grant on a commercial basis) any rights to use or otherwise enjoy the Fixed Line Services or Broadband Services to any third parties.
6.1 You acknowledge and agree that we may retain and preserve any content, traffic data and communications data relating to your use of the Fixed Line Services and the Broadband Services, and that we may disclose any of this:
6.1.1 to Vodafone group companies or other third parties for the purpose of providing the Services;
6.1.2 for the purpose of properly administering your account in accordance with our standard operating procedures; and
6.1.3 if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the terms of the Agreement, respond to claims that any use of the Services violates the rights of third-parties, or otherwise to protect the rights, property or personal safety of Vodafone, its users and the public.
7.1 You must not run port scanning software which accesses remote machines or networks, except with the explicit prior permission of the administrator or owner of such remote machines or network. This includes using applications capable of scanning the ports of other internet users. If you intend to run a port scanning application you must provide Vodafone with a copy of the written consent received from the target of the scan authorising the activity. This must be supplied to Vodafone prior to the application being run
