This code of conduct is for use of the PebblePad system.

Overview
Users of the PebblePad system should take care not to use it for the transmission or receipt of material which is considered to be offensive; in breach of relevant codes on harassment; wasteful of resources, or not commensurate with the provision of the system for legitimate educational or developmental purposes.
Examples of such unacceptable use may include the transmission or receipt of material which draws excessively upon resources; the transmission or receipt of materials which is to the possible detriment of the PebblePad system or is to the possible detriment of other users; the transmission of text or images which may be considered abusive or offensive; other unacceptable conduct which may reflect adversely upon the user, other PebblePad users or the PebblePad system itself. The provision by a user of explicit or cryptic links to such material stored elsewhere on the Internet is also unacceptable.
Any transmission of materials by a user carries the name of the user. Any act or attempt by a user to transmit via the PebblePad system materials which purports, falsely, to have emanated from another user, person or organisation shall be subject to appropriate sanctions.
In view of the possibilities of introducing computer programs which may cause damage or disruption to the PebblePad system, the downloading of programs via the system is prohibited. However, in the event that a user does introduce a disruptive program by such means, and whether this is done knowingly or not, the right is reserved, in addition to any other sanctions which may apply, to recover from the user responsible for downloading the software, the cost of any remedial action necessary, together with any other direct costs to cover, for example, the re-creation of data or business interruption.
If you are the recipient of any PebblePad item which you consider to be offensive; improper or unlawful please inform Pebble Learning using the “report inappropriate content” link on the bottom of the item.

PebblePad Monitoring and Sanctions
Whilst telecommunications traffic passing through this system is not routinely intercepted or monitored all users of these facilities are expected to use them responsibly and in compliance with this Code. Within the provisions of the law the right is reserved at any time to intercept and monitor communications in accordance with the Regulation of Investigatory Powers Act; The Telecommunications (Lawful Business Practise)(Interception of Communications) Regulations and any other relevant legislation. Such interception/monitoring shall normally only take place with the express written approval of a relevant authority but may be undertaken without any prior notice to the users of the PebblePad system.
Shared or published PebblePad items which are reported by others to be in contravention of any part of this code may be moderated by the PebblePad system administrator or a delegated person.
Any suspected breach of the provisions of this code may result in the immediate withdrawal of PebblePad access privileges and / or withdrawal of additional computing facilities, pending investigation. In addition to the sanctions applicable to a breach of the law, any actual breach of the provisions of this code may result in the temporary or permanent withdrawal of the PebblePad and / or other computing facilities and may also be subject to appropriate disciplinary procedures.
In the event of any doubt or uncertainty as to what is and what is not acceptable PebblePad practice, as outlined in this code, advice should be sought from the PebblePad support team (support@pebblelearning.co.uk).

Statutory and other provisions of English Law
Whilst the use of the Internet is a broadly unregulated medium, there are a number of statutory and other legal provisions which may impact upon its use. The following are a selection of provisions for which users of this PebblePad installation will need to be aware; they are, however, by no means exhaustive. Users should expect that any discovery of a breach of the law arising from use of this PebblePad system will be referred to the appropriate authorities

Computer Misuse Act 1990
The Computer Misuse Act 1990 makes it a criminal offence to access, or attempt to access computer material without proper authority or to make unauthorised modification of computer material. Persons convicted of an offence under the Computer Misuse Act are subject to a maximum of 5 years' imprisonment or a fine or both. In the context of PebblePad use, it is likely that the following examples would be considered illegal:

• Accessing restricted material without proper authority.
• Provision of any material, such as access codes or 'hacking' instructions which enables others to gain unauthorised access to protected or private areas of the PebblePad system.
• Knowingly receiving (or using) any material from a user who has gained unauthorised access to the PebblePad system.
• Unauthorised modification of the PebblePad system or data stored on the PebblePad system.

The Copyright Designs and Patents Act 1988
It is an offence under this Act to copy software, images, sounds or other Internet materials without authority. It is immaterial whether such unauthorised copying is done with a view to personal convenience or for monetary gain. Unlimited fines and up to two years' imprisonment may be imposed on offenders.
The use of any unauthorised or unlicensed software, images, sounds or other Internet materials should not be tolerated and users may be required to provide evidence that use of any materials contained within the PebblePad system is lawful.

Data Protection Act 1998
This Act prohibits the holding, processing or disclosure of personal information data about others on a computer or in a 'structured' manual form, unless the data user is properly registered with the Information Commissioner and observes the data protection principles. In view of the complexity of the legislation, all users of the PebblePad system should avoid establishing, holding or processing any personal data concerning other persons: this includes both 'uploading and downloading' of such data via the Internet.

Race Relations, Disability Discrimination and Sexual Discrimination
Discrimination on the grounds of race, colour, nationality, ethnic or national origin, disability or gender is unlawful under the provisions of legislation dealing with these matters. Any material published or received via the PebblePad system which discriminates or encourages discrimination is in contravention of the legislation.

Criminal Justice and Public Order Act 1994
This miscellany of legislation includes a consolidation of provisions for the protection of minors by making it a criminal offence to possess pornographic or obscene material of or involving minors, or material considered to be excessively violent. In the context of the PebblePad system it would apply to the transmission, receipt and storage of text, audio and graphic images.

Laws of Defamation
Any publication of a statement, comment or innuendo about another individual or organisation which cannot be justified at law may render the author liable to an action for defamation. In the context of PebblePad use, the author of the material is responsible all actions, proceedings, claims and costs resulting therefrom. A disclaimer to this affect is accessible from each published output of the PebblePad system.Any publication of a statement, comment or innuendo about another individual or organisation which cannot be justified at law may render the author liable to an action for defamation. In the context of PebblePad use, the author of the material is responsible all actions, proceedings, claims and costs resulting therefrom. A disclaimer to this affect is accessible from each published output of the PebblePad system.

Obscene Publications Act 1959
The publication (whether for gain or not) of material intended to be read, heard or looked at which is such as to tend to deprave and corrupt persons having access to the publication is a criminal offence which carries a maximum sentence of three years imprisonment. In the context of PebblePad use, the author of the material is responsible all actions, proceedings, claims and costs resulting therefrom. A disclaimer to this affect is accessible from each published output of the PebblePad system.

Telecommunications Act 1984 & Communications Act 2003
A person who sends a message or other matter that is grossly offensive, indecent, obscene or menacing in character via the public telecommunication system or sends a false message for the purpose of causing annoyance, inconvenience or needless anxiety to another shall be guilty of a criminal offence. The Internet makes use of the "public telecommunication system". A breach of this Act will result in a substantial fine and/or imprisonment.

International Law
Users of the PebblePad system should be aware that any material which they create and transmit is potentially accessible World-Wide and that such material must not therefore contravene any international laws or treaties. Users should be aware that material lawfully provided in the United Kingdom but accessed in another country may constitute an offence within that recipient country.

Advertising
Users of the PebblePad system should not create, place or distribute any advertisement on the Internet which is in the nature of a commercial activity.