Terms of Service

These Terms of Service govern your use of thewebsite located at https://tower-peak.com and any related services provided by Tower Peak.

By accessing https://tower-peak.com, you agree to abide by these Terms of Service and to comply with allapplicable laws and regulations. If you do not agree with these Terms ofService, you are prohibited from using or accessing this website or using anyother services provided by Tower Peak.

We, Tower Peak, reserve the right to review andamend any of these Terms of Service at our sole discretion. Upon doing so, wewill update this page. Any changes to these Terms of Service will take effectimmediately from the date of publication.

These Terms of Service were last updated on 17 June 2024.

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Limitations of Use

By using this website, you warrant on behalf ofyourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Tower Peak provides;
5. use this website or its associated services to transmit or publish any     harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable     laws or regulations;
7. use this website in conjunction with sending unauthorised advertising or spam;
8. harvest, collect or gather user data without the user’s consent; or
9. use this website or its associated services in such a way that may infringe     the privacy, intellectual property rights, or other rights of third     parties.

Intellectual Property

The intellectual property in the materialscontained in this website are owned by or licensed to Tower Peak and areprotected by applicable copyright and trademark law. We grant our userspermission to download one copy of the materials for personal, non-commercialtransitory use.

This constitutes the grant of a license, not atransfer of title. This license shall automatically terminate if you violateany of these restrictions or the Terms of Service, and may be terminated by TowerPeak at any time.

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Liability

Our website and the materials on our website areprovided on an ‘as is’ basis. To the extent permitted by law, Tower Peak makesno warranties, expressed or implied, and hereby disclaims and negates all otherwarranties including, without limitation, implied warranties or conditions ofmerchantability, fitness for a particular purpose, or non-infringement ofintellectual property, or other violation of rights.

In no event shall Tower Peak or its suppliers beliable for any consequential loss suffered or incurred by you or any thirdparty arising from the use or inability to use this website or the materials onthis website, even if Tower Peak or an authorised representative has beennotified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequentialloss” includes any consequential loss, indirect loss, real or anticipated lossof profit, loss of benefit, loss of revenue, loss of business, loss ofgoodwill, loss of opportunity, loss of savings, loss of reputation, loss of useand/or loss or corruption of data, whether under statute, contract, equity,tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitationson implied warranties, or limitations of liability for consequential orincidental damages, these limitations may not apply to you.

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Accuracy of Materials

The materials appearing on our website are notcomprehensive and are for general information purposes only. Tower Peak doesnot warrant or make any representations concerning the accuracy, likelyresults, or reliability of the use of the materials on this website, orotherwise relating to such materials or on any resources linked to thiswebsite.

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Links

Tower Peak has not reviewed all of the sites linkedto its website and is not responsible for the contents of any such linked site.The inclusion of any link does not imply endorsement, approval or control by TowerPeak of the site. Use of any such linked site is at your own risk and westrongly advise you make your own investigations with respect to thesuitability of those sites.

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Right to Terminate

We may suspend or terminate your right to use ourwebsite and terminate these Terms of Service immediately upon written notice toyou for any breach of these Terms of Service.

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Severance

Any term of these Terms of Service which is whollyor partially void or unenforceable is severed to the extent that it is void orunenforceable. The validity of the remainder of these Terms of Service is notaffected.

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Governing Law

These Terms of Service are governed by andconstrued in accordance with the laws of United Kingdom. You irrevocably submitto the exclusive jurisdiction of the courts in that State or location.

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Acceptable Use Policy

This acceptable use policy covers the products,services, and technologies (collectively referred to as the “Products”)provided by Tower Peak under any ongoing agreement. It’s designed to protectus, our customers and the general Internet community from unethical,irresponsible and illegal activity.

Tower Peak customers found engaging in activitiesprohibited by this acceptable use policy can be liable for service suspensionand account termination. In extreme cases, we may be legally obliged to reportsuch customers to the relevant authorities.

This policy was last reviewed on 9 October 2023.

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Fair use

We provide our facilities with the assumption youruse will be “business as usual”, as per our offer schedule. If your use isconsidered to be excessive, then additional fees may be charged or capacity maybe restricted.

We are opposed to all forms of abuse,discrimination, rights infringement and/or any action that harms ordisadvantages any group, individual or resource. We expect our customers and,where applicable, their users (“end-users”) to likewise engage our Productswith similar intent.

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Customer accountability

We regard our customers as being responsible fortheir own actions as well as for the actions of anyone using our Products withthe customer’s permission. This responsibility also applies to anyone using ourProducts on an unauthorised basis as a result of the customer’s failure to putin place reasonable security measures.

By accepting Products from us, our customers agreeto ensure adherence to this policy on behalf of anyone using the Products astheir end users. Complaints regarding the actions of customers or theirend-users will be forwarded to the nominated contact for the account inquestion.

If a customer — or their end-user or anyone usingour Products as a result of the customer — violates our acceptable use policy,we reserve the right to terminate any Products associated with the offendingaccount or the account itself or take any remedial or preventative action wedeem appropriate without notice. To the extent permitted by law, no credit willbe available for interruptions of service resulting from any violation of ouracceptable use policy.

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Prohibited activity

Copyright infringement and access to unauthorisedmaterial

Our Products must not be used to transmit,distribute or store any material in violation of any applicable law. Thisincludes but isn’t limited to:

1. any     material protected by copyright, trademark, trade secret or other     intellectual property right used without proper authorization, and
2. any     material that is obscene, defamatory, constitutes an illegal threat or     violates export control laws.

The customer is solely responsible for all materialthey input, upload, disseminate, transmit, create or publish through or on ourProducts, and for obtaining legal permission to use any works included in suchmaterial.

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SPAM and unauthorised message activity

Our Products must not be used for the purpose ofsending unsolicited bulk or commercial messages in violation of the laws andregulations applicable to your jurisdiction (“spam”). This includes but isn’tlimited to sending spam, soliciting customers from spam sent from other serviceproviders, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose ofrunning unconfirmed mailing lists or telephone number lists (“messaginglists”). This includes but isn’t limited to subscribing email addresses ortelephone numbers to any messaging list without the permission of the emailaddress or telephone number owner, and storing any email addresses or telephonenumbers subscribed in this way. All messaging lists run on or hosted by ourProducts must be “confirmed opt-in”. Verification of the address or telephonenumber owner’s express permission must be available for the lifespan of themessaging list.

We prohibit the use of email lists, telephonenumber lists or databases purchased from third parties intended for spam orunconfirmed messaging list purposes on our Products.

This spam and unauthorised message activity policyapplies to messages sent using our Products, or to messages sent from anynetwork by the customer or any person on the customer’s behalf, that directlyor indirectly refer the recipient to a site hosted via our Products.

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Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose ofadvertising, transmitting or otherwise making available any software, program,product or service designed to violate this acceptable use policy, or theacceptable use policy of other service providers. This includes but isn’tlimited to facilitating the means to send spam and the initiation of networksniffing, pinging, packet spoofing, flooding, mail-bombing anddenial-of-service attacks.

Our Products must not be used to access any accountor electronic resource where the group or individual attempting to gain accessdoes not own or is not authorised to access the resource (e.g. “hacking”,“cracking”, “phreaking”, etc.).

Our Products must not be used for the purpose ofintentionally or recklessly introducing viruses or malicious code into ourProducts and systems.

Our Products must not be used for purposelyengaging in activities designed to harass another group or individual. Ourdefinition of harassment includes but is not limited to denial-of-serviceattacks, hate-speech, advocacy of racial or ethnic intolerance, and anyactivity intended to threaten, abuse, infringe upon the rights of ordiscriminate against any group or individual.

Other activities considered unethical, exploitativeand malicious include:

1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
2. Using our facilities to obtain (or attempt to obtain) services from another     provider with the intent to avoid payment;
3. The unauthorised access, alteration or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
4. Using our facilities to interfere with the use of our facilities and network by     other customers or authorised individuals;
5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone’s health and     safety;
6. Any act or omission in violation of consumer protection laws and regulations;
7. Any violation of a person’s privacy.

Our Products may not be used by any person orentity, which is involved with or suspected of involvement in activities orcauses relating to illegal gambling; terrorism; narcotics trafficking; armstrafficking or the proliferation, development, design, manufacture, production,stockpiling, or use of nuclear, chemical or biological weapons, weapons of massdestruction, or missiles; in each case including any affiliation with otherswhatsoever who support the above such activities or causes.

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Unauthorised use of Tower Peak property

We prohibit the impersonation of Tower Peak, therepresentation of a significant business relationship with Tower Peak, orownership of any Tower Peak property (including our Products and brand) for thepurpose of fraudulently gaining service, custom, patronage or user trust.

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About this policy

This policy outlines a non-exclusive list ofactivities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at anytime by publishing the revised version on our website. The revised version willbe effective from the earlier of:

• the date the customer uses our Products after we publish the revised version on our website; or
• 30 days after we publish the revised version on our website.

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