1. Acceptance of Terms
This SMS Messaging Service: Additional Terms document describes both your rights and your obligations as part of using the aXcelerate Partner Message Media Service (as defined below). It is important that you read it carefully because you will be legally bound to these terms. aXcelerate (“we” “us”) only provides the Message Media Service to you subject to this document. By accessing or using the Message Media Service, you agree to be bound by this document.
2. Service Definitions
“ACL Guarantees” means a guarantee in the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Alpha-tag” means a distinctive sender name you can customise to your branding using text.
“API” means an application programming interface.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Carrier” is as defined in the applicable Telecommunications Act and includes but is not limited to, in Australia, Telstra, Optus and Vodafone but also includes an entity that operates a telecommunications network outside Australia.
“Claim” means any claim, demand, action, proceeding or legal process (including by way of set off, cross-claim or counterclaim).
“Commercial Electronic Message” as defined in the Spam Act.
“Content” means the content of a Message You send or receive.
“Conversation” in the context of multichannel messaging / messaging on social channels, means a 24-hour session of unlimited two-way messaging with one End User on one social channel, commencing with the first business-initiated message sent in reply to an End User message.
“Customer Messaging Application” means a messaging application created or established by You on a Social Media Platform for purposes of communicating with End Users who are members of that Social Media Platform.
“Customer Service” means a marketing, advertising, promotional or informational program or initiative, or other project, conducted by You utilising the SC Service.
“Data Retention Laws” means the Telecommunications (Interception and Access) Act 1979 (Cth) and any other Laws which require data, including metadata, to be retained or dealt with in a particular way.
“Dedicated Number” means a digital mobile service number provided to you under this document for exclusive use by you during the Term as part of your Messaging Service.
“End Users” means a person who receives a Message You send using Your Account, and a person who sends you a Message via Your Account.
“Equipment” means a handset, modem, router or other hardware.
“Facilities” means systems, software, computers, equipment and network infrastructure of all kinds used to provide or in connection with the provision of a Service.
“Listed Carriage Service” is as defined in the Telecommunications Act (but covers most public voice and data communications services).
“Message” means a multimedia digital message containing customer cata in a form for delivery via Internet Protocol (IP) or other technology, protocols or standards used to transmit digital content or information supplied by Customer to the MessageMedia Network for transmission as a personalized notification or mass notification.
“Message Credit” means a credit equal to Your Monthly Access Fee that may be applied to Your Messaging Fees for that month.
“Messaging Fee” means a Charge per Message sent or received on your Account.
“MessageMedia Account” means Your entitlement to Messaging Services subject to this document and, where relevant, includes any Service features, associated usernames or passwords and sub-accounts.
“MessageMedia Network” means what the Provider uses to provide the Services and includes the Provider’s Facilities and/or third party Provider Facilities
“Messaging Services” means a Telecommunications Service for sending and/or receiving and/or processing Messages.
“MSISDN” means Mobile Station International Subscriber Directory Number.
“Numbering Plan” means the rules and regulations issued by the Regulator in the relevant jurisdiction in which we provide the Services for issuing, transferring and changing telephone numbers including the Telecommunications Numbering Plan issued under the Telecommunications Act (where applicable) or where applicable numbering rules.
“Operational Direction” means any direction we give You in relation to the Services or Your Account, including in relation to the safety, security or reliability of Facilities, compliance with Laws or dealing with an emergency.
“Order From” means your order for access to the Service, in a form we specify from time to time (including via application form, online sign-up or e-form) and which may also contain features, entitlements, Fees and special conditions in connection with the Service.
“Personal Information” is as defined in the applicable Data Protection Legislation.
“Plan” means a particular set of features, entitlements, term of contract, Fees and special conditions in connection with the provision of the Service. The terms of your Plan form part of your this document.
“Prepaid Entitlement” means an entitlement to send a message based on an amount prepaid by You.
“Prepaid Plan” means a Plan where you must pay in full for a Service before you use it.
“Privacy Act” means the Privacy Act 1988 (Cth).
“Privacy Policy” means the Provider’s privacy policy found on its website at www.messagemedia.com/legal/privacy-policy/.
“Provider” means aXcelerate as reseller and prime contractor on behalf of Sinch MessageMedia
“Provider Contract” means the contract between us and the Provider, including any variations.
“Provider’s Terms and Conditions” means the terms and conditions published from time to time by the Provider and accessed at https://messagemedia.com/au/legal/terms-of-service/.
“Restricted Content” means content that:
- is offensive, unsuitable for minors, abusive, obscene or indecent;
- promotes, incites or instructs in matters of crime;
- describes, incites or promotes unlawful sexual activity;
- promotes or incites discrimination, violence or hatred against any person or group, or incites racial hatred;
- causes unnecessary alarm, distress, anxiety, annoyance, inconvenience, or panic or is menacing in character;
- contains a computer worm, trojan horses or virus or other malicious or harmful code or data designed to interrupt, damage, destroy or limit the functionality of any software, hardware or computer or communications equipment or the Service;some text
- breaches any law;
- is defamatory;
- is pornographic;
- is in contravention of any privacy rules or laws;
- infringes or breaches the rights or any person to confidentiality, copyright or other intellectual property rights or any other proprietary interest of any person;
- is false, misleading or deceptive, or likely to mislead or deceive;
- is fraudulent or promotes fraudulent activity;
- provides financial advice to any person;
- is out of date, having regard to information generally available, subsequently published, or released, or made available;
- is tortious or is likely to result, in damage to property or injury to any person;
- transmits, stores or processes cardholder data;
- is for the purpose of providing any warning or notification about a serious risk to the safety of persons or property (for example, emergency services); or
- which bring us or any of our providers into disrepute.
“SC Service” means the Provider’s social channel Services.
“Sender IDs” means an alphanumeric distinctive sender name or number You can customise to Your branding or for Your business using digits and text.
“Service” or “MessageMedia Service” means the service provided by aXcelerate on behalf of the Provider, including but not limited to (a) a carriage service of a kind specified in the Telecommunications Regulations 2001; or (b) ancillary goods or service of a kind specified in the Telecommunications Regulations 2001, including, if applicable, the SC Service.
“Service Provider” means any entity, including, but not limited to, the Provider’s suppliers and/or internet service providers that directly or indirectly are used in the supply of the Service which, in relation to the SC Service, shall include, but not be limited to, Social Media Platform Providers.
“Shared Number” means a digital mobile service number that the Provider associates with multiple Accounts.
“Social Media Platform” means a third party social media platform on which platform Customer is permitted to, and can, create a social media messaging application for the purpose of sending and receiving Messages to and from End Users on such platform.
“Social Media Platform Provider” means a third party provider of a Social Media Platform (for example, Facebook). For the purposes of this agreement, a Social Media Platform Provider shall also be a Service Provider.
“Social Channel ID” means the particular form of identification assigned by a Social Media Platform to an End User designating such End User with respect to such End User’s access to, presence on, and use of such Social Media Platform.
“Spam Laws” means the Spam Act, and any other similar legislation, guidelines and codes of practice in relation to Spam including but not limited to the e-Marketing Code of Conduct.
“Spam Act” means the Spam Act 2003 (Cth).
“Staff” means any person, whether your employee, contractor or otherwise, who uses your Account.
“Standard Rate Messages” means Messages that are billed by Carriers at standard rates, and in particular are not premium rate Messages, which are billed by Carriers at premium rates.
“Telecommunications Act” means the Telecommunications Act 1997 (Cth).
“Telecommunications Service” means a Listed Carriage Service or any service supplied in connection with that service.
“Use-by-Date” means a period after which any Prepaid Entitlements that are not used expire without refund.
“Webhook” means the webhook provided by the Provider to You, and integrated by You into Your Customer Message Application in connection with the Service.
3. Acknowledgements
You acknowledge and agree that:
3.1. You have been provided with the Provider’s Terms and Conditions, which form part of the Provider Contract, accessed via the following link: https://messagemedia.com/au/legal/terms-of-service/;
3.2. You will not do anything in Your use of the Service that, if done by Us, would breach the Provider’s Terms and Conditions;
3.3. where a Service is a carriage service within the meaning of the Telecommunications Act, We, the Provider or the Provider’s associated third-party Service Providers may be required to:
3.3.1. intercept communications over the Service;
3.3.2. monitor usage of the Service and communications over it; and
3.3.3. retain and store data, including metadata, as required under Data Retention Laws; and
3.4. the Provider may only permit us to provide the Service to you subject to certain requirements (Provider Requirements). Where the Provider has a right or power under a Provider Requirement, as included in these Additional Terms or as otherwise notified by us to You in writing, that right may be enforced by the Provider or by us on behalf of the Provider.
4. Service Inclusions and Service Levels
The service inclusions and service levels applicable to the Service are those set out in the Additional Terms relating to the Service that You have selected in the Schedule, that is either:
4.1. We will setup and activate Your account within ten (10) Business Days of receiving Your order unless: some text
4.1.1. Agreed otherwise with You; or
4.1.2. It is determined by Us at our sole discretion that deferment of setup and activation is of commercial benefit to You.
4.2. We will redirect any support tickets lodged by You to the Provider in accordance with the Response Times set out in Your Service Package, that is either the:
4.2.1. Gold Service Package; or
4.2.2. Platinum Service Package.
5. Licence to use Service
5.1. During the Term, you are provided with a non-exclusive, non-transferable licence for the use of the Service, subject to the terms of this document.
6. Monthly Access Fee and Message Credits
6.1. If Your Plan or Order Form states that You are required to pay a Monthly Access Fee:some text
6.1.1. You may receive Message Credits as stated in Your Plan or Order Form, which may be redeemed by You against Messaging Fees incurred during that month; and
6.1.2. The Monthly Access Fee is billed in advance for the applicable month for all Plans, including Plans where Fees are payable in arrears.
6.2. Message Credits which are not used within the month of purchase are not refundable, do not carry forward and cannot be exchanged or redeemed for cash or other credit.
6.3. If You exceed Your monthly Message Credits, extra Fees apply and a Service may be limited in some way.
7. Operational Directions
7.1. You must comply with any applicable Operational Direction which we give You about the Service or Your Account. We will only give an Operational Direction as and when reasonably necessary, which includes the Provider having determined the Operational Direction to be reasonably necessary.
8. Use of the Service by others
8.1. The acts and omissions of Your Staff and End Users with respect to the Service are deemed to be Your acts and omissions.
8.2. You must ensure that Your Staff and End Users do not do (or omit to do) anything that would breach this document.
9. Payment for third-party services
9.1. You are solely responsible for the costs of all third-party goods and services acquired in order to use the Service, for example, the required internet connection.
10. Using the Service
10.1. When using the Service, you must comply with:some text
10.1.1. Your Agreement;
10.1.2. any other policy we provide to You or introduce on reasonable notice to You; and
10.1.3. any applicable Laws.
10.2. You are solely responsible for all acts or omissions that occur under Your Account (including acts or omissions of Your Staff, End Users or Related Body Corporates), and the Content of any Messages transmitted through the Service. You acknowledge and agree that any Messages sent using Your Account are deemed to have been sent and/or authorised by You. Neither we nor the Provider are responsible for or liable for the Content of any Messages transmitted through the Service or the destination of any Content conveyed by or to You.
10.3. From time to time, we may be required to provide the Provider with information about the number of Messages You send in a certain period and You consent to us doing so and the Provider’s use of such information and disclosure to its Service Providers where it is obliged to do so.
10.4. You must take steps to prevent unauthorised access to a Service and ensure that best security practices are followed, for example, by using strong passwords, not disclosing Your log in credentials, by securing any web APIs, and by implementing multi-factor authentication. You indemnify us and the Provider against any Claim, cost, loss or liability which may arise in connection with Your failure to comply with Your obligations under this clause 13.5.
10.5. If You use or facilitate authentication via any social network in the sign-up and/or sign-in process in the course of using the Services, neither we nor the Provider are liable for any Claim, cost, loss or liability which may arise in connection with such use or facilitation.
10.6. If You use Alpha-tags and Sender IDs in the course of using the Services, then You warrant and represent that You have a valid use case and/or right of use for such use in accordance with applicable Law and you indemnify us and the Provider against any Claim cost, loss or liability which may arise in connection with Your breach of Your warranty and representation under this clause. On request, You must provide satisfactory evidence that You have a valid use case for any Alpha-tags and Sender IDs used.
10.7. If we or the Provider incur costs (including but not limited to increased Carrier fees and charges, surcharges or taxes) in connection with Your failure to comply with Your obligations under this clause 13, You acknowledge and agree that You are responsible for these costs and that we may pass these costs onto You by increasing the amount of the Fees.
11. Telephone numbers
11.1. You acknowledge that the Provider must comply with the Numbering Plan.
11.2. You must not knowingly and deliberately:
11.2.1. do anything that causes the Provider to breach the Numbering Plan or which makes it more difficult for the Provider to comply with it; or
11.2.2. relocate, reassign or transfer the number for any Service except in accordance with the Provider’s published procedures, or otherwise as the Law permits.
11.3. Messaging Services are not a portable service within the meaning of the Numbering Plan.
11.4. A number used in association with Your Account:some text
11.4.1. is not a portable number; and
11.4.2. is not subject to number portability – within the meaning of the Numbering Plan.
11.5. You are not a ‘customer’ for the purposes of the Communications Alliance code titled Mobile Number Portability C570:2009.
11.6. Any Shared Number or Dedicated Number used in association with Your Account has not been issued to You. You acknowledge that the Provider retains ownership of any Dedicated Number used in association with Your Account and You have no right to retain a particular number when Your Agreement or your subscription to the Service ends.
11.7. The Provider retains all rights, obligations and liabilities under the Numbering Plan and other legislation relevant to such numbers.
11.8. If Your Order Form states that You will be provided with a Dedicated Number/s (inbound or outbound) You will be Provided with use of those Dedicated Numbers in accordance with this clause 11.
11.9. If, despite this clause 11, the Provider agrees to transfer a Shared Number or a Dedicated Number to You or a mobile service number from You for use in connection with a MessageMedia Account, then, as far as the law allows, You release us, the Provider and all third party supplier/s from all liability to You, and You indemnify us and them against all costs, expenses, liability, loss or damage or Claims arising out of the following:some text
11.9.1. the Provider’s inability to transfer-in or transfer-out the number; or
11.9.2. the fact that the number is not, or ceases to be, available for use in connection with a MessageMedia Account.
12. Maintenance and faults
12.1. From time to time, the MessageMedia Network requires maintenance that may interfere with Your Service. If we have been notified of any scheduled maintenance, we will provide You with such notice, where reasonably possible.
12.2. You are responsible for maintaining Your own Equipment.
12.3. If You cause a fault or damage to the MessageMedia Network, we (on behalf of the Provider) may charge You the reasonable cost of repairing it.
13. Confidentiality
13.1. Notwithstanding the parties’ confidentiality obligations and anything else in this document, You acknowledge and agree that we may disclose to the Provider, and the Provider may be required to disclose, Your identity and address and/or the identity and address of Your End Users in the event of any complaint, query or request received from any regulatory or Government body or Carrier in connection with the Provider Contract.
14. Intellectual Property
14.1. Nothing in this document transfers ownership in, or otherwise grants any rights in, any Intellectual Property Rights of a party or third party.
15. Privacy and Spam Laws
15.1. You acknowledge and agree that the Provider may collect, use and disclose Personal Information in accordance with its Privacy Policy, and that we may be required to collect, use and disclose Personal Information to the Provider or on behalf of the Provider.
15.2. We and the Provider will comply with the applicable Data Protection Legislation and any other applicable law in respect of that Personal Information.
15.3. You acknowledge and agree that where You authorise or require us to collect or otherwise deal with Personal Information in Your name or on Your behalf in connection with providing the Services, that we do so as Your agent.
15.4. You warrant and represent that:
15.4.1 End Users to whom You send Messages have consented or otherwise opted-in to the receipt of such Messages and the collection of Personal Information as required by the Spam Laws, Data Protection Legislation or any other applicable Law;
15.4.2. You will include clear opt out/unsubscribe information in Your Messages when required to do so by applicable Law;
15.4.3. You will cease sending Messages to End Users who opt out of receiving Messages;
15.4.4. You have provided notice to End Users that we and/or the Provider may collect, handle, disclose or otherwise will have access to their Personal Information for the purposes of providing the Services to You; and
15.4.5. where the collection, handling or disclosure of, and/or access to Personal Information on Your behalf requires the consent of End Users, You have and/or will obtain any such consent before, or at the time such Personal Information is made available to us or the Provider for collection, handling, disclosure or access (and provide us with evidence of such consent on reasonable request).
15.5. You acknowledge and agree that except as may be required by this document, we are not required to take steps to ensure that any Personal Information collected by you has been collected in accordance with applicable Data Protection Legislation. Further, you indemnify us and the Provider for any Claim by a third party that it has suffered Loss as a result of a breach of any relevant Data Protection Legislation arising out of Your use of the Services.
15.6. The Service includes the maintenance of a functioning and effective unsubscribe process that complies with the Spam Laws (when used by You) and You agree to use that functionality. However, where You have requested that the Provider delegate management of opt out or unsubscribe functionality to You (and the Provider has approved such request) without limiting clause 15.4, You assume all liability and responsibility for ensuring that any End Users’ opt-out or unsubscribe requests are actioned in accordance with Spam Laws, as the Provider will not stop Messages being sent to End Users.
16. Fees and Billing Disputes
16.1. All Fees for the Service may be subject to the following changes by the Provider:
16.1.1. indexation increases;
16.1.2. increase in third party charges plus a reasonable margin; and
16.1.3. changes in price due to currency fluctuations.
16.2. If we are notified by the Provider that the Fees have changed, we will provide You with a notification of Your new Fees within a reasonable timeframe.
16.3. The Provider may impose an extra Fee if You send any Messages that are not Standard Rate Messages such as Multimedia Messages. You agree to pay any such extra Fees in accordance with the payment terms applicable to Your Agreement.
16.4. If You dispute a Fee You must pay the relevant invoice on time and without set-off. The Fee can subsequently be credited if we or the Provider determine that a credit is required.
16.5. You must pay for every Message despatched using the Messaging Services irrespective of receipt by the intended recipient, unless failure of receipt by the intended recipient was solely due to a failure by us or the Provider to provide the Services. Any failure by a Carrier to deliver a Message to the intended recipient is beyond our control and neither we nor the Provider will be liable for any such failure.
16.6. If you require evidence that a Message was delivered to the relevant Carrier or Service Provider, you must provide us with a written request for such evidence, within 20 days of the relevant Message being despatched. We will request the evidence from the Provider.
16.7. Fees for multichannel messaging and messaging on social channels are charged per Conversation.
16.8. We will comply with the Provider’s terms and conditions in relation to the calculation of the number of SMS and the size of an MMS, and You acknowledge that Your Fees will be calculated accordingly.
17. Warranties
17.1. If we or the Provider supply You with services that are of a kind ordinarily acquired for personal, domestic or household use or consumption, ACL Guarantees apply but when permitted by the Australian Consumer Law Our liability for failure to comply with an ACL Guarantee is limited to supplying the services again or paying the cost of having the services supplied again.
17.2. Otherwise, You agree and acknowledge that any representation, warranty, condition, guarantee or undertaking that would be implied in this document by legislation, common law, equity, trade, custom or usage or otherwise is excluded from this document to the fullest extent permitted by Law.
18. Indemnities
18.1. You indemnify us and the Provider for any loss or damage we or the Provider suffer arising from or in connection with:
18.1.1. Your breach of this document;
18.1.2. all Content sent or received on Your MessageMedia Account;
18.1.3. any negligent act or omission by You;
18.1.4. a Claim against us or the Provider by any End User or third party arising out of or in relation to Your use of the Service;
18.1.5. acts or omissions of End Users,
except to the extent that We, or the Provider (as applicable), are negligent or caused or contributed to the relevant loss or damage.
18.2. You indemnify us and the Provider for any costs we or the Provider incur as a result of or in connection with:some text
18.2.1. a police request for information or evidence in relation to You or Your use of the Service; or
18.2.2. a court or other competent authority’s direction for provision of information or evidence in relation to You or Your use of the Service; or
18.2.3. a demand from a legal practitioner for information or evidence in relation to You or Your use of the Service.
18.3. Your obligations under this clause 18 survive termination of this document.
19. Suspension and Termination
19.1. We may suspend Your access to or subscription to the Service at any time if:
19.1.1. access to the Service is suspended by the Provider for any reason;
19.1.2. You fail to pay any applicable Fees; or
19.1.3. You are in breach of a term of this document or any applicable policy or Law.
19.2. We will endeavour to provide You with advance notice of any suspension of Your access to the Service.
19.3. If Your access to the Service is suspended due to Your breach or fault, You agree to pay any applicable Fees during the period of suspension and any cost of reactivating Your access to the Service (if we and the Provider agree to reactivate Your access). If Your access is suspended due to any other reason, You will be entitled to a pro rata reduction in Fees for the period of the suspension.
19.4. We may terminate Your subscription to the Service at any time if the Provider Contract is terminated in accordance with its terms. We will provide You with reasonable notice of such termination.
19.5. In the event of termination You must pay all Fees applicable to Your use of the Service up to and including the date of termination of Your subscription to the Service.
20. Commercial Electronic Messaging
20.1. Subject to this clause, the Provider may send You Commercial Electronic Messages regarding telecommunications goods and services, and ancillary goods and services, and You consent to the Provider doing so.
20.2. Your consent under clause 20.1:
20.2.1. applies while You are subscribed to the Service and for a year afterwards; and
20.2.2. is in addition to any other consent that You may give, or which may be inferred, for the purposes of any applicable Spam Laws; but
20.2.3. terminates if You give the Provider reasonable written notice that it is withdrawn.
20.3. Any Commercial Electronic Message the Provider sends You does not have to comply with section 18(1) of the Spam Act.
20.4. This clause 20 survives the termination of this document.
21. Additional Security Terms
In using the Service You must:
21.1. not distribute, sell, lease, rent, lend, transfer, assign or sublicense any rights granted in relation to the Provider’s API to any third party;
21.2. not use or access the Service in order to monitor the availability, performance, or functionality of the Provider’s API or the Service or for any similar benchmarking purposes;
21.3. not engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorised manner Our or the Provider’s servers, security, networks, data, applications or other properties or services or those of any third party;
21.4. not circumvent technological measures intended to prevent direct database access, or manufacture tools or products to that effect;
21.5. not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Provider’s API or the Service, except to the extent that this restriction is expressly prohibited by applicable Law;
21.6. not bypass the Provider’s API restrictions for any reason, including automating administrative functions;
21.7. not substantially replicate the Provider’s API or the Service; or
21.8. not access or use the Provider’s API or the Service in any way in furtherance of criminal, fraudulent, or other unlawful activity, or otherwise violate the acceptable use policy detailed in clause 21.
22. Acceptable Use Policy
22.1. You must not make use of the Service for any of the following:
22.1.1. For purposes which are not connected to Your legitimate business or commercial activities.
22.1.2. Sending or allowing to be sent, or assisting in the sending of spam, SMS bombing, unsolicited messages or distributing email harvesting software, or otherwise breach of any applicable Spam Laws.
22.1.3. Making use of mobile numbers or number ranges associated, or suspected of being associated with, fraudulent or illegal activities.
22.1.4. Operating or attempting to operate or communicate with scams, or similar schemes.
22.1.5. Any activity that damages or interferes with Our or the Provider’s services to other customers, our providers or any Facilities or exposes us to liability.
22.1.6. Violating any applicable use policy or code of conduct or practice, including those of carriers.
22.1.7. Attempting to bypass or break any security mechanism on the Service or using the Service in any other manner that poses a security or service risk to Us, the Provider, or any of Our or the Provider’s other users.
22.1.8. Testing or reverse-engineering the Service in order to find limitations, vulnerabilities or evade filtering capabilities.
22.1.9. Sending, publishing, reproducing, hosting, advertising, communicating, or facilitating Restricted Content.
22.2. You must review and comply with all applicable Laws, carrier regulations and industry guidelines (as amended and updated from time to time) including but not limited to:
22.2.1. Spam Act; and
22.2.2. Privacy Act.
22.3. This information is not intended to be:
22.3.1. interpreted as, relied upon, or used as a substitute for the advice of Your own legal counsel, or
22.3.2. considered to be a complete and exhaustive list of all laws and regulations applicable to Your use of the Service. In addition to the above laws, various other state, country and foreign laws may apply to your use of the Service. It is Your responsibility to obtain appropriate advice before using the Service.
22.4. A failure to comply with this clause 22 may result in the suspension or termination of Your access to the Service. Restoration would be at the sole discretion of us and the Provider, which may include requiring a written undertaking of the offender not to commit any future breaches of this clause 22.
22.5. Offending material may be removed without prior notice or explanation.
22.6. If we or the Provider discover that You have engaged in behaviour or have acted in breach of this clause 22 You may be notified that Your behaviour is unacceptable.
22.7. If we or the Provider become aware that You are using the Service for illegal purposes, external law enforcement or government agencies may be advised.
22.8. We or the Provider may also be compelled by law or otherwise to reveal your identity if You have used the Service in breach of this clause 22.
