Un
metered & ISDN
By
registering for the Internet service you agree to the following
terms and conditions laid down for use of the Internet service.
In
order to enable IAP Wired
("The ISP") to provide
its service on such favourable terms, you are required to
provide the proceeding as part of the sign up process. This
data, and any subsequent data requested, may be used by The
ISP solely for the purposes of management of your account
and provision of Internet access to you. It may also be used
by The ISP and other subsidiaries of The ISP from time to
time for the purposes of promoting its own and third party
services and goods to you by way of on-screen advertisements
and offers. These advertisements will be based on the information
that you have supplied to us and will relate to areas in which
we think you will be interested. However, except as specified
above, The ISP will not pass on your personal details to any
third party without your consent.
A. A monthly subscription fee will be payable by Credit Card/Debit
Card for the chosen service or services at the published rates.
B.
The User will access the service using the provided number
and must be used only from the number specified by the customer.
C.
The level of the service will be determined according to the
ISP.
D.
Uploads to the User's webspace will be limited to the published
levels.
E.
The ISP will not permit FTP access to the User's web site
from outside of its network. More direct SMTP connections
from outside of the ISP's network will also be barred.
F.
A telephone support line will be available during the stated
hours for the provision of basic technical assistance. This
service will be charged at published levels.
G.
Unless otherwise stated, the service will automatically terminate
the connection after a 10-minute inactivity period.
H.
Unless otherwise stated, the service will automatically terminate
after TWO hours of continuous use. You can redial to reconnect.
I.
UNLESS OTHERWISE STATED, the services are for residential
use only and may be operated only from a domestic residence.
OPERATING NON- BUSINESS SERVICES FOR COMMERCIAL USE IS EXPRESSLY
FORBIDDEN. BUSINESS SERVICES ARE CLEARLY HIGHLIGHTED AND ARE
DESIGNED WITH BUSINESS USERS IN MIND.
J.
Emails from all terminated accounts will be completely purged
after 30 days. The email address will then become available
to the wider subscribers database.
K.
FAIR USE POLICY. The ISP operates a Fair Usage Policy, which
restricts each service type to a maximum number of hours each
month. The following restrictions will apply:
1)
ALL 64K SERVICES WILL BE RESTRICTED TO 160 HOURS PER MONTH.
2) ALL LITE SERVICES WILL BE RESTRICTED TO 80
HOURS PER MONTH.
3) ALL BUSINESS SERVICES WILL BE RESTRICTED TO 200 HOURS PER
MONTH.
Please
note these conditions:
a)
USERS WILL NOT BE ABLE TO EXCEED THE MONTHLY LIMITATIONS.
b) HOURS MUST BE USED IN THE MONTH OF USE.
c) UNUSED HOURS CANNOT BE ROLLED OVER IN TO THE NEXT MONTH.
d) NEW HOURS ARE AVAIALBLE FROM THE DAY THE CREDIT / DEBIT
CARD IS DEDUCTED.
e) NO REFUNDS WILL BE ISSUED AT ANY TIME.
1.
USE OF SERVICE
2. SERVICE AVAILABILITY
3. PERIOD
4. WARRANTY
5. ACCESS
6. SOFTWARE LICENCE
7. CHARGING
8. LIMITATION OF LIABILITY
9. FORCE MAJEURE
10. NOTICES
11. ASSIGNMENT
12. NO WAIVER
13. VARIATION OF TERMS
14. LAW
15. ACCESS POLICY
16. ACCESS FOR CHILDREN
17. WEB SPACE
18. WEB SPACE CONDITIONS OF USE
19. DEFINITIONS
1. USE OF SERVICE
1.1
You may only use the Service for lawful purposes; in particular
you may not use the Service
a.
to transmit defamatory, offensive or abusive material or material
of an obscene or menacing character; or
b. in breach of copyright or other intellectual property right;
or
c. in contravention of the Computer Misuse Act 1990.
1.2
The Service is to be used by a single PC only. You may not
sell on or sublet the Service. You agree to inform us of any
change of address or telephone number supplied on registration.
1.3
You agree not to disclose your password to any other person.
If it becomes known, you will inform the Helpdesk immediately.
The Helpdesk may require you to change your password where
it considers necessary.
1.4
You acknowledge that the ISP is unable to exercise control
over the content of material transmitted or received using
the Service.
1.5
You may not use the Service to transmit
a.
any material (including viruses) which is likely to cause
harm to the ISPs or anyone else's computer systems.
b. IP Multicast or other applications which make similar demands
for bandwidth.
c. excessive material using the UDP protocol.
1.6
You may not use more than 5 MB of capacity for E-mail, and
we shall not hold E-mail on your behalf above this level.
1.7
You acknowledge that if for any reason you do not access your
E-mail account for a period of 60 days or longer, the ISP
reserves the right to terminate your E-mail account, delete
all information stored on it and delete your web space without
notice to you. In this event, the ISP will have no liability
to you for the loss of any data.
1.8
You should not retain information of value to you which can
only be accessed using the Service, or rely on the Service
for transmitting information of value to you.
1.9
You agree to fully indemnify and to hold the ISP indemnified
from and against any claim brought by a third party resulting
from the use of the Service and in respect of all losses,
costs, actions, claims, expenses or liabilities whatsoever
suffered or incurred directly by the ISP in consequence of
your breach or non-observance of these terms.
2.
SERVICE AVAILABILITY
2.1
The ISP reserves the right at its discretion to refuse to
a.
accept your registration or
b. provide access to the Service.
2.2
The ISP may restrict access to certain types of information
brought to its attention which may cause offence to other
users of the Service.
3.
PERIOD
3.1
Either party may terminate the Service on one month's notice.
3.2
The ISP may terminate the Service immediately
a.
if it has reason to believe that you are not using the Service
in accordance with these terms; or
b. if a competent regulatory authority requires the ISP or
any of its suppliers to do so.
c. in accordance with the provisions of clause 1.7 above.
4.
WARRANTY
4.1
The ISP shall provide the Service using reasonable care and
skill.
4.2
The ISP endeavours to provide a Service which is available
at all times, but it cannot warrant the availability due to
factors beyond its control.
4.3
The ISP gives no warranty as to the quality of or accuracy
of information received using the Service.
5.
ACCESS
5.1
In order to obtain access to the Internet, we shall provide
you with the necessary configuration information, and an optional
software configuration file for a PC subject to the Software
licence set out below.
6.
SOFTWARE LICENCE
6.1
The ISP and its suppliers individually own the elements of
the Software and the
documentation provided with it, both of which are protected
by copyright. Your right to use the Software and documentation
is limited as set out below:
7.
LICENCE
7.1
You may:
ONLY
USE THE SOFTWARE AND DOCUMENTATION WITH THE INTERNET ACCESS
SERVICE INITIALLY OFFERED BY THE ISP IN CONJUNCTION WITH THE
DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN
ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE
IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER
INTERNET ACCESS OR INTERNET ACCESS SERVICE.
7.2
You may not:
a.
distribute copies of the Software or its documentation to
others;
b. modify, translate, reverse engineer, decompile or disassemble
the Software (except to the extent applicable laws specifically
prohibit such restriction) or create derivative works based
on the Software; or
c. rent, lease or transfer your rights to the Software;
d. ship or transmit (directly or indirectly) any copies of
the Software, or any technical data in the Software, to any
entity or country destination; or
e. alter or remove any copyright, trademark, and other protective
notices contained in the Software.
8. TERMINATION
The
Software licence will terminate automatically if you fail
to comply with the license conditions above or the Service
is terminated. Upon termination of the license you must destroy
all copies of the Software and documentation.
8.1
The ISP will be entitled to terminate a Contract immediately:
a)
if the ISP discovers that the User or any Co-User has been
creating, downloading or uploading any of the material specified
in Condition 1.1 or if the User has been in breach of any
of these Conditions or any law, code or regulation applicable
to the Internet or users; or
b) abuse of the system. Such abuse to be defined as but not
limited to "pinging" of the system in order to keep
the lines open during a period of inactivity.
c) upon providing the User with 24 hours notice by e-mail.
d) if the User fails to pay any charges under the Contract
when due.
8.2
The User may terminate a Contract by discontinuing use of
the Services.
8.3
In the event of termination by the ISP of a Contract the ISP
may retain all payments made hereunder and may deny the User
access via the Services to any material or data stored on
the Internet. The User shall within 7 days of termination
remove from the User's equipment the Software and the ISP's
material.
9.
CHARGING
9.1
You shall be liable to pay a monthly subscription fee for
use of this service, as set out by the ISP
9.2
Unless otherwise stated, charges are exclusive of Value Added
Tax and any other taxes applicable from time to time, which
you shall pay.
10.
LIMITATION OF LIABILITY
10.1
The ISP accepts no liability in contract, tort or otherwise
including negligence for:
a.
inability to gain access to the Service as a result of routine
or emergency maintenance on the system or excessive demand
for the Service;
b. loss of data including both data transmitted and other
data held by you;
c. delay or failure in transmitting or receiving material;
d. indirect or consequential losses arising from use of the
Service including loss of revenue, business, anticipated savings
or profits.
11.
FORCE MAJEURE
Neither
party shall be liable to the other, for any loss or damage
which may be suffered by the other party due to any cause
beyond the first party's reasonable control including without
limitation any power failure and the actions of other internet
service providers and users.
12.
NOTICES
Any
notices shall, unless otherwise expressly stated, be in writing
and shall be given by sending the same by E-mail, first class
post or facsimile transmission to the other party's address
as may be designated in writing from time to time. Any notice
sent by first class post shall be deemed (in the absence of
evidence of earlier receipt) to have been delivered two days
after its despatch. Any notice given by E-mail or facsimile
transmission shall be deemed to have been delivered on the
next working day following transmission.
13.
ASSIGNMENT
13.1
You may not assign or delegate all or any of your rights and
obligations without The ISP's prior written consent such consent
not to be unreasonably withheld.
13.2
The ISP shall have the right to assign or transfer all or
any of its rights and obligations to an associated company
of the ISP or other person on notice.
14. NO WAIVER
Failure
by either party to exercise or enforce any right conferred
shall not be deemed to be a waiver of any such right nor operate
so as to bar the exercise or enforcement thereof or of any
other right on any later occasion.
15.
VARIATION OF TERMS
The
ISP reserves the right to vary these terms from time to time
on giving you notice. You shall be deemed to have accepted
the changes if you continue to use the Service after a period
of two weeks from the delivery of the notice.
16.
LAW
The
provision of the Service shall be governed by English law
17.
ACCESS POLICY
We
recognise the wishes of our Networks' to be able to access
as wide a range of communications and information on the Internet
as possible and do not wish to restrict that access. However,
we will not knowingly permit the transmission of or access
to material that is deemed illegal by the UK authorities.
In
view of the vast flow of information transmitted by an Internet
Service Provider each day, it is not technically possible
nor economically feasible to monitor all materials that pass
through its system. We believe that the onus for ensuring
that material presented on the Internet is legal rests with
the original content provider, and we will not limit access
to material unless notified by the authorities that it is
illegal.
Co-ordination
of these matters with the authorities in the UK is handled
by the Internet Watch Foundation (IWF), a body supported by
UK Internet Service Providers, the Department of Trade and
Industry and Police Authorities. If particular information
is deemed to be illegal by the authorities the IWF will advise
Internet Service Providers such as ourselves accordingly,
and we will take steps to prevent access to it.
If
you feel that the contents of any site may breach the UK law,
you should contact the Internet Watch Foundation hotline and
draw their attention to it. Details can be found at http://www.internetwatch.org.uk/hotline.
We
would remind you that our Terms and Conditions of supply for
the ISP service prohibit you from using the service to transmit
defamatory, offensive or abusive material or material of an
obscene or menacing character. It may also be illegal for
you to receive such information.
18.
ACCESS FOR CHILDREN
You
should note that there may be material accessible via the
Internet which is unsuitable for children.
Where
children may be users, we suggest: -
You
do not allow unsupervised access and keep your password to
yourself.
You consider downloading running on application which allows
you to restrict access from your computer to certain areas
of the Internet.
19.
WEB SPACE
This
section contains a few simple rules and regulations for using
your free Web space that we've drawn up for your benefit as
well as ours.
Please
take a few minutes to read them through and make sure you
understand them. They apply in addition to our standard Terms
and Conditions for Internet service.
Your
ISP Internet Web space lets you have your own Web site on
the World Wide Web, entirely free of charge. You can enjoy
your Web space with a unique personalised URL
(Uniform Resource Locator) in the form: http://www.prefix.ISP.net
where
is a Web site name of your choice, (subject to availability).
It is up to you to ensure that your choice of does not infringe
or contravene any trademarks.
You
can only reach your Web space by using the URL in the form
www..ISP.net. You cannot reach it using an IP address.
You
may use the Web space solely for personal purposes, subject
to the terms and conditions of use outlined below. You can
update or change your Web space as often as you like, and
can take advantage of Technical Support for uploading, downloading
or viewing pages.
The
storage limit on your Web space is enforced by the system
that accepts uploads to the World Wide Web. If a file upload
exceeds your Web space quota, then it will not be accepted.
20.
WEB SPACE CONDITIONS OF USE
You
may use up to a maximum of 5 MB of Web space solely for personal
purposes. An
average of 1000 hits a day and will be permitted for your
personal Web space.
Only
CGI programs and scripts provided by us can be used on your
Web site.
Support
is only provided for uploading, downloading and viewing pages.
No support is provided for HTML authoring or page design.
You
acknowledge that if for any reason you fail to access your
E-mail account for a period of 30 days or longer, the ISP
reserves the right to delete your Web space without notice
to you. In this event, the ISP will have no liability to you
for any loss of data.
The
ISP will not keep back-ups of your pages
The
ISP accepts no responsibility for any loss of data, information
in any form or
any other matter relating to the use of this service. Similarly,
we accept no responsibility for hit counts being reset or
incorrect.
You
are responsible for the content of your Web site and any material
within it, including obtaining legal permission for any works
quoted, and ensuring that the contents do not violate UK law.
You
will be held responsible for any defamatory, confidential,
secret or other proprietary material available via your Web
site.
You
must ensure that your index.htm or index.html (the first page
to be viewed on your site) does not contain any material liable
to offend. A clearly readable warning page must be displayed
before any material of an adult nature is displayed.
The
ISP will not be held responsible for any loss, however occasioned,
as a result of the suspension, removal or unavailability of
a Networks Web space or material stored within it.
If
your account is suspended for any reason, then access to your
Web space and the information stored within it may also be
suspended.
When you close your account with the ISP, then your Web site
will also be deleted.
The ISP reserves the right to remove any pages or information
from your Web
site (at our sole discretion), without prior notice and without
explanation.
The
ISP reserves the right to suspend any or all of the Web space
service at any
time, without prior notice and without explanation.
The
ISP reserves the right to instruct that sites which show excessive
usage
(exceeding 1000 hits per day) be modified or removed to an
alternative hosting server.
The ISP reserves the right to make a charge for any assessment
of suspended
sites.
The ISP reserves the right to vary the terms of 'excessive
usage' at their sole discretion at any time, without prior
notice.
You
may not sell on or share use of the Web space or any material
stored within it.
By
registering for the Web space service, you will be deemed
to have agreed to and accepted these conditions.
The
ISP reserves the right to vary the Conditions of Use and acceptable
use policy for the Web space service at their sole discretion
at any time and without prior notice.
Any
decision made by the ISP in relation to this service shall
be final.
21.
DEFINITIONS
"Log-in
Name"
a unique sequence of characters chosen by Networks to act
as an identifier to the system. It is used in conjunction
with the Password to provide access to the Service and is
used by the System as a unique address for all Networks communications;
"Password"
a secret code which is used in concert with the Log-in Name
to identify the user to the System;
"Service"
a dial-up service providing two-way communication of data
or speech via the Internet;
"System"
the set of equipment used by the ISP in order to provide the
Service;
"Terms"
this set of the ISPs standard terms and conditions for
the Service as varied from time to time.
Subscriber
Terms & Conditions ADSL
Click to view Acceptable
Use Policy
[TOP]
Click to view Acceptable Use
Policy
Click to view Terms and Conditions
Subscriber
Terms & Conditions ADSL
Click to view Acceptable
Use Policy
[TOP]
Click to view Acceptable Use
Policy
Click to view Terms and Conditions
Terms
and Conditions
The
Customers' use of the Service (as defined below) and/or acceptance
of these Terms and Conditions ("Conditions") constitute the
Customers agreement to be bound by these Conditions. These
Conditions must be read in conjunction with the IAP Wired
which may be subject to change from time to time. It is the
Customers' responsibility to ensure that they comply with
the latest edition of the "Acceptable usage policy" (AUP)
in force at any given time. These Conditions, together with
IAP Wired
AUP, explain IAP Wired
responsibilities to the
Customer and the Customer's responsibilities to IAP Wired
and to other users of the Service ("Users"). The AUP in particular
outlines what IAP Wired
consider to be unacceptable use of
the Internet by our customers so that IAP Wired
can take
appropriate steps against abusers of the Internet. The AUP
and the Application Form are an integral part of these Conditions
and, unless otherwise expressly stated, all references to
Conditions include reference to the AUP and to the Application
Form. If you are a Consumer, you must be 18 years or older
to register for the Service. Terms and conditions for IAP Wired
ADSL Services:
1.Definitions
Please note some terms used in these Conditions will have
a certain meaning: "Access Line" means the telecommunications
circuit that the Customer uses to obtain telecommunications
services over the public switched telephone network at the
Premises as notified by the Customer to IAP Wired ; "Act"
means the Telecommunications Act 1984; "Agreement" means these
Conditions together with the applicable Application Form and
AUP; "Application Form" means the form that the Customer signs
to apply for the Service; "Carrier" means any supplier of
telecommunications services to IAP Wired for the Service;
"Commencement Date" means the date when the Customer first
receives the live Service. "Confidential Information" means
any information of a confidential nature obtained under or
in connection with this Agreement including, but not limited
to, any information regarding the existence of errors or viruses
found in the Service and all other information which IAP Wired
characterises as confidential at the time of its disclosure
either in writing or orally. Confidential Information does
not include information which the Customer can demonstrate:
(a) is previously rightfully known to the Customer without
restriction at the time of disclosure; (b) is or becomes,
from no act or omission on the Customers part, generally known
in the relevant industry or public domain; (c) is disclosed
to the Customer by a third party as a matter of right and
without restriction at the time of disclosure; or (d) is independently
developed by the Customer without access to the Confidential
Information. "Customer" means the person who orders the Service
and person shall be taken to include bodies corporate or unincorporate.
IAP Wired may accept instructions from another person who
IAP Wired reasonably believe is acting with the Customer's
authority or knowledge. "Customer Apparatus" means apparatus
belonging to the Customer not forming part of the Equipment
but which may be connected to the Equipment; "Equipment" means
any apparatus or equipment provided by IAP Wired or any third
party to the Customer at the Premises to enable provision
of the Service; "Minimum Period of Service" (a) For customers
ordering IAP Wired - The minimum period of service is thirty
(30) days. If termination occurs within the first twelve (12)
months from the commencement date, (30) days noticed will
be required. (b) For customers ordering IAP Wired ADSL Managed
services - The minimum period of service will be twelve (12)
months from the commencement date. "Physical Characteristics"
(a) For customers wishing IAP Wired to manage the connection
only - Means an existing standard British Telecommunications
analogue telephone line which does not have any incompatible
services enabled upon it, as detailed in the Service description.
(b) For customers wishing IAP Wired to manage the connection,
installation and equipment: · For Home customers - An existing
standard British Telecommunications analogue telephone line
which does not have any incompatible services enabled upon
it, as detailed in the Service description. · For Business
customers - means one (1) wall mounted power socket within
two (2) metres of the master phone socket and an existing
standard British Telecommunications analogue telephone line
which does not have any incompatible services enabled upon
it, as detailed in the Service description; "IAP Wired " means
IAP Wired 10 High Street Portishead Bristol BS20 6EW "IAP
Wired System" means the telecommunication system which IAP
Wired runs and, for the purpose of this Agreement, any apparatus
leased by, or otherwise obtained by, IAP Wired from a third
party. "Premises" means the Customer's premises where the
Service is to be received. "Service" means the installation,
connection and supply of a telecommunications circuit capable
of supporting ADSL services at the Premises and the provision
of telecommunication services over such circuit as detailed
in our website. "Standard Tests" means the tests carried out
by IAP Wired or any third party to determine whether the Service
is ready; "Term" is defined in clause 3.
2.Provision
of The Service
2.1The Service is described on IAP Wired web
site at www.IAP Wired .com
2.2The provisions of the Application Form are binding
on IAP Wired
once IAP Wired
confirm to the Customer in writing
acceptance of the Customer's order. The Customer agrees to
receive the Service and pay the fees for the Service as specified
in this Agreement.
2.3IAP Wired
will provide the Service to the Customer
in accordance with the Conditions of this Agreement and with
reasonable skill and care. It is technically impracticable
to provide the Service or the telecommunications services
free of faults and IAP Wired
does not undertake to do so.
2.4IAP Wired
will use its reasonable endeavours to
provide a prompt and continuing Service but will not be liable
for any loss of data resulting from delays, non-deliveries,
missed deliveries, or service interruptions caused by events
beyond the control of IAP Wired
, or by errors or omissions
of the Customer.
2.5IAP Wired
exclude all and any warranties and conditions
of any kind, whether express or implied, in respect of the
Service and any content or data obtained or downloaded from
it or the accuracy of information received through it.
2.6To use the Service, the Customer needs to supply
IAP Wired
with certain details on the Customer's Application
Form. IAP Wired
will respect the privacy of this information
and will comply with applicable data protection legislation
in respect of it.
2.7The Customer must have an Access Line with the Physical
Characteristics in order to receive the Service. If the Customer
changes from the Physical Characteristics IAP Wired
cannot
be held responsible if the Customer is no longer able to receive
the Service.
2.8The Customer acknowledges that the Service will
depend upon the characteristics of the Customer's Access Line
and that where the Carrier so determines it may not be possible
to supply the Service. In this event IAP Wired
shall have
the right to terminate this Agreement without liability to
the Customer.
2.9From time to time certain PoPs, servers, or the
whole or part of the Network may be closed down for routine
repair or maintenance work. IAP Wired
or its authorised representative
shall give as much notice as in the circumstances is reasonable
and IAP Wired
shall endeavour to carry out such works during
the scheduled maintenance periods as published from time to
time.
2.10IAP Wired
may occasionally have to interrupt the
Service or change the technical specification of the Service
for operational reasons or because of an emergency. IAP Wired
will give the Customer as much notice as possible of any planned
interruption of the Customer's Service. In these circumstances
The Customer shall have no claim against IAP Wired
for any
such interruption.
2.11IAP Wired
will correct reported faults as soon
as possible. Should the Customer encounter a fault with the
Service the Customer should report the fault to the IAP Wired
ADSL helpdesk. Technical Support contact information including
availability times is available at IAP Wired
.helpatree.org
2.12IAP Wired
may include links from time to time
from the Service to other Internet sites. IAP Wired
have
no control over the content of such sites and disclaims any
liability in respect of the Customer 's use of such sites.
The Customer may wish to use one of the available filtering
software products to help prevent access to certain web content.
2.13The Customer acknowledges that the Service shall
be provided by IAP Wired
at the Premises and that under these
Conditions the Customer cannot require IAP Wired
to transfer
the Service or Equipment to another location. In the event
the Customer requests the Equipment to be moved to another
location within the Premises, IAP Wired
reserve the right
to accept or reject such request and IAP Wired
decision shall
be final. Any expense incurred in such move of the Equipment
within the Premises shall be incurred by the Customer.
2.14Except as otherwise expressly permitted in these
Conditions, and in addition to other restrictions herein,
the Customer may not:
2.14.1redistribute, encumber, sell rent, lease, sub-license,
copy or use the Service or otherwise transfer rights to the
use of the Service to any third party, whether in whole or
in part;
2.14.2disclose Service features, errors or viruses
to any third party without IAP Wired
prior written consent;
2.14.3use the Service except in conjunction with IAP Wired
recommended operating environment, notified by IAP Wired
; or
2.14.4modify the Service without IAP Wired
prior written
consent.
2.15IAP Wired
reserves the right to remove e-mail
from IAP Wired
servers that is left for a period of more
than four months.
2.16IAP Wired
reserves the right to change the Customer's
password at any time at its sole discretion.
3.Term
3.1This Agreement will commence on the Commencement
Date and shall continue for a term equivalent to the subscription
period paid by the Customer until the expiry of that subscription
period or the Agreement is terminated in accordance with the
terms hereof ("the Term") subject to the provisions of paragraph
13.1
3.2The Minimum Period of Service does not prevent IAP Wired
from suspending or terminating the Service under paragraphs
12 and 13 of this Agreement.
4.Fees
4.1IAP Wired
shall provide the Customer with the Service
for the fees as set out on the Application Form. These fees
are payable in advance from the start of the Minimum Period
of Service. Payment will be due on the date specified on the
invoice. IAP Wired
accept major credit cards, cheques or
direct debit payments. Save where the Service is terminated
by IAP Wired
without cause, the Customer shall not be entitled
to a refund of subscriptions paid.
4.2Subject to our discretion we will invoice you with
credit terms of 30 days net, on an Annual basis only. IAP Wired
may charge interest on all outstanding amounts on a daily
basis at the rate of 3% per annum above the base lending rate
of Barclays Bank plc in force from time to time, from the
date of the invoice until the date of actual payment or judgement
has been enforced. Additionally, IAP Wired
reserves the right
to terminate the provision of service to the Customer immediately
if the Customer is in default of payment. Such termination
is without prejudice to the rights of either party accrued
prior to the date of termination.
4.3The installation fee as specified on the Application
Form is payable in advance by either cheque or credit card
4.4All fees are subject to change from time to time
in the event that the Carrier increases its fees to IAP Wired
. IAP Wired
will contact you in the event of any such increases.
4.5In addition to the fee set out on the Application
Form, IAP Wired
shall be entitled to charge the Customer
for the reasons given. (a) Internal Relocation - If a customer
wants to relocate the main phone socket from one room/floor
to another within the same building (b) Abortive Visit Charge
- Abortive visits include attendance to incorrect address
provided by the customer, site does not meet requirements
specified by BT or End User is not available. (c) Administration
Charges - Where The Customer provide illegible, materially
incomplete or incorrect order details. (d) Reworking Charge
- If the Customer consents to a Carrier engineer making good
any existing non-Carrier installed wiring to make it fit for
installation of the Service. (e) Order Cancellation - If the
customer requests the cancellation of the IAP Wired
ADSL
service five (5) or less days prior to the arranged installation
date. For the latest pricing information on the above please
contact the IAP Wired
sales department .
5.Access
5.1The Customer hereby irrevocably gives permission
to IAP Wired
and its employees, agents or contractors to:
5.1.1execute any works on the Premises for, or in connection
with, the installation, maintenance, adjustment repair, alteration,
moving, replacement, renewal or removal of the Equipment;
5.1.2keep and operate the Equipment installed on, under
or over the Premises;
5.1.3enter the Premises to inspect any telecommunication
apparatus kept on, under or over the Premises or elsewhere
for the purposes of the IAP Wired
System. The permission
set out above shall continue in force after cancellation or
termination of this Agreement until such time as IAP Wired
have removed all Equipment from the Premises.
5.2The Customer must allow IAP Wired
or any Carrier
to have access to the Premises at all reasonable hours for
the purpose of testing or maintaining any of the Equipment
and/or the Service and provide a safe and suitable environment
for such access visits.
6.Installation
6.1When IAP Wired
manages the connection only: 6.1.1
IAP Wired
will only arrange for the ADSL service to be provided
on the customer's telephone line. It is the customer's responsibility
to connect the necessary micro-filter and ADSL equipment.
6.2When IAP Wired
manage the connection, installation
and equipment:
6.2.1IAP Wired
shall attempt to provide and install
or procure the provision and installation of the Equipment
at the Premises so that the Service can be provided on or
before any installation date specified or agreed to by IAP Wired
. Any installation date given is an estimate only and IAP Wired
shall not be liable for any failure to meet such installation
date.
6.2.2IAP Wired
shall supply the Customer with the
relevant information to enable the Customer to suitably prepare
the Premises for delivery and installation of the Equipment.
The Customer shall at the Customer's expense provide suitable
accommodation, facilities and environmental conditions for
the Equipment and all necessary electrical and other installations
and fittings.
6.2.3IAP Wired
shall use its reasonable endeavours
to comply with the Customer's reasonable requests in respect
of installation but IAP Wired
or its contractor or agents'
decision on the routing of cables and wires and the positioning
of outlets and other apparatus constituting the Equipment
or part thereof shall be final and binding.
6.2.4A secure electricity supply is required at the
Premises for the installation, operation and maintenance of
the Equipment at such points and with such connections as
specified by IAP Wired
. Unless otherwise agreed, this power
supply is to be provided by the Customer. IAP Wired
shall
not be responsible for interruption or failure of the Services
caused by a failure of such power supply.
6.2.5The Customer acknowledge that during the installation
of the Equipment for the provision of the Service the Customer's
Access Line may suffer a temporary loss of service which shall
be reinstated following installation and/or interference to
any other Customer Apparatus or services used in connection
with the Access Line (e.g. Access Line security systems) without
any liability to IAP Wired
.
7.IAP Wired
Equipment This section applies to customers requiring IAP Wired
to manage the connection, installation and equipment. Customers
wishing IAP Wired
to manage the connection only can ignore
this section as they must procure, install and manage their
own equipment.
7.1The Customer agrees not to do or allow anything
to be done to the Premises that may cause damage to, or interfere
with, the Equipment or prevent easy access to it.
7.2The Customer shall procure at the Customer's own
expense all permissions, licences, registrations and approvals
necessary for IAP Wired
to deliver, install and maintain
the Equipment for the provision of the Services.
7.3Following the installation of the Equipment Standard
Tests shall be carried out by IAP Wired
to ensure that the
Service is ready for use. If the Service is not ready for
use, IAP Wired
shall either repair or replace, at its sole
option, the Equipment or any part thereof and repeat the Standard
Tests. The Customer shall be entitled to use the Services
following IAP Wired
informing the Customer of successful
completion of the Standard Tests.
7.4The Equipment shall remain the property of IAP Wired
or the supplier of such equipment (including any Carrier)
and the Customer shall at all times make clear to third parties
that the same is the property of IAP Wired
or a third party
supplier of such equipment. IAP Wired
may modify, substitute,
renew or add to the Equipment from time to time at its absolute
discretion.
7.5The Customer shall be responsible for ensuring at
all times the safekeeping and proper use of the Equipment
after delivery and installation at the Premises. The Customer
shall be liable to IAP Wired
for any loss or damage to the
Equipment (except where it can be shown that such loss or
damage was caused by our negligence or due to fair wear and
tear). The Customer will notify IAP Wired
immediately of
any such loss or damage in particular (without prejudice to
the generality of the foregoing) the Customer undertakes:
7.5.1to keep the Equipment at the Premises and not
to move it;
7.5.2to comply with all instructions as "IAP Wired
" may notify to the Customer and/or with the manufacturer's
instructions and not to use the Equipment except in accordance
with such written instructions and in accordance with the
law and any applicable licence granted there under;
7.5.3not to cause the Equipment to be repaired or otherwise
maintained except by an authorised representative of IAP Wired
;
7.5.4not to cause any attachments other than those
approved for connection under the Act to be fitted to the
Equipment except in accordance with such written authorisation
as may be notified by IAP Wired
to the Customer from time
to time;
7.5.5not to do anything nor to allow to subsist any
circumstances likely to damage the Equipment or detract from
or impair its performance or operation and not to add, modify,
or in any way interfere with or impair the performance of
the Equipment; and
7.5.6not to attempt to sell, transfer, dispose of,
let, mortgage, charge, modify, extend, repair, service, tamper
with, remove or interfere with the Equipment or suffer any
distress, seizure or execution to be levied against or of
the Equipment or otherwise do anything prejudicial to IAP Wired
or the owner of such Equipment's rights in the Equipment;
and
7.5.7not to remove, tamper with or obliterate any identification
mark(s) affixed to the Equipment or to any part thereof showing
that it is the property of IAP Wired
or other third party
supplier of such equipment.
7.5.8to permit IAP Wired
and its employees, agents
or contractors to inspect or test the Equipment at all reasonable
times;
7.6The Customer shall be liable for any loss or damage
howsoever caused (including but not limited to lightning or
electrical damage) to any part of the Equipment or any of
its own property within the Premises (except in so far as
it can be shown that such loss or damage is attributable to
the negligent act or omission of IAP Wired
). The Customer
will notify "IAP Wired
" immediately of any such loss or
damage.
7.6.1The Customer undertake to indemnify "IAP Wired
" against any and all such loss or damage referred to in this
clause 7.6.
7.6.2Wilful destruction or abuse of the Equipment may
result in additional charges being payable by the Customer
to IAP Wired
.
8.Customer
Apparatus
8.1The Customer shall be responsible for the repair
and maintenance of any Customer Apparatus used in order to
obtain or use the Service.
8.2The Customer shall ensure that such Customer Apparatus
complies with any applicable law. The Customer shall immediately
disconnect any such apparatus if such apparatus does not,
or ceases to, conform to applicable standards (if any) for
the time being in force. IAP Wired
reserves the right to
disconnect any apparatus used by the Customer if the Customer
does not fulfil their obligations under this Clause or if,
in the opinion of IAP Wired
, such apparatus may cause the
death of or personal injury to any person, or damage to property,
or materially impair the quality of any telecommunication
service provided by means of IAP Wired
, and the Customer
agrees to disconnect such apparatus at the request of IAP Wired
.
9.The
Customers Use of The Service
9.1The Customer must NOT use the Service:
9.1.1in a way that does not comply with the Conditions
or any legislation or that is in any way unlawful or fraudulent;
or
9.1.2in connection with the carrying out of a fraud
or criminal offence against any telecommunications operator;
or
9.1.3to send, encourage the receipt of, upload, download,
use or re-use any material which is abusive, indecent, defamatory,
obscene or menacing, or in breach of copyright, confidence,
privacy or any other rights or which may contain viruses or
other similar programs, or which cause overloads to the IAP Wired
System; or
9.1.4to send or procure the sending of unsolicited
advertising or promotional material; or
9.1.5in a way that does not comply with any instructions
given by IAP Wired
for reasons of health, safety or the quality
of the Carrier's telecommunications services or the IAP Wired
System; or
9.1.6attempt to use the Service in a way that modifies,
decompiles, translates, reverse engineers, reconfigures, disassembles
or otherwise alter or attempt to modify or reconfigure the
Service or any Equipment or software or copy any manual or
documentation relating to the Service except to the extent
applicable law specifically prohibits such restrictions;.
9.1.7distribute copies of the licensed programs or
their documentation to others;
9.1.8rent, lease or grant its rights to the licensed
programs;
9.1.9ship or transmit (directly or indirectly) any
copies of the licensed programs or any technical data in the
licensed programs or its media or any direct product thereof
to any entity or country destination
9.2The Customer will co-operate with IAP Wired
reasonable
requests for information regarding the Customer's use of the
Service and supply such information without delay.
9.3Where the Customer uses the Service to reach networks
and services not operated by IAP Wired
, the Customer will
abide by the acceptable use policies or terms and conditions
imposed by the operators of those networks and services.
9.4The Customer warrants that:
9.4.1it, as the registered user of the account, will
keep the username and password secure and not let them become
public knowledge and that the password will not be stored
anywhere on a computer in plain text
9.4.2if the password becomes known to any other unauthorised
user it will inform IAP Wired
or its authorised representative
immediately;
9.4.3any breach of these obligations shall entitle
IAP Wired
to immediately terminate the Service to the Customer
without notice.
9.5Use by others: The Customer acknowledges that IAP Wired
is unable to exercise control over the content of information
passing over the IAP Wired
network or via the Service, and
IAP Wired
hereby excludes all liability of any kind for the
transmission or reception of infringing information of whatever
nature.
10.Domain
Names & Internet Protocol Addresses
10.1The Customer confirms and warrants that it is the
owner of, or that the Customer has been and is duly authorised
by the owner to use, any trade mark or name requested or allocated
as its domain name.
10.2The Customer acknowledges that IAP Wired
cannot
guarantee that any domain name the Customer requests will
be available or approved for use.
10.3IAP Wired
has the right to require the Customer
to select a replacement domain name and may suspend the relevant
service associated with the domain name if, in the opinion
of IAP Wired
, there are reasonable grounds for IAP Wired
to believe Customer's current choice of domain name is, or
is likely to be, in breach of the provisions of this Agreement
and law.
10.4If the Service includes the registration of an
Internet domain name the Customer acknowledges and agrees
that:
10.4.1IAP Wired
does not represent, warrant or guarantee
that any domain name applied for by the Customer or on its
behalf will be registered in its requested name or is capable
of being registered by it or that the use of such domain name
by it will not infringe any third party rights. Accordingly,
the Customer should take no action in respect of its requested
domain name(s) until it has been notified that its requested
domain name has been duly registered and IAP Wired
will not
be liable for any such action taken by the Customer.
10.4.2The registration of the domain name and its ongoing
use by the Customer is subject to the relevant naming authority's
terms and conditions of use and the Customer undertakes to
IAP Wired
that it will comply with such terms and conditions.
The Customer hereby irrevocably waives any claims it may have
against IAP Wired
in respect of any decision of a naming
authority to refuse to register a domain name and, without
limitation, the Customer acknowledges and agrees that any
administration or other charge paid by the Customer in respect
of the registration of the domain name is non-refundable in
any event.
10.4.3IAP Wired
accepts no responsibility in respect
of the use of a domain name by the Customer and any dispute
between the Customer and any other individual or organisation
regarding a domain name must be resolved between the parties
concerned and IAP Wired
will take no part in any such dispute.
IAP Wired
reserves the right on becoming aware of such a
dispute concerning a domain name at its sole discretion and
without giving any reason, to either suspend or cancel the
relevant service associated with the domain name and/or to
make such representations to the relevant naming authority
as it deems appropriate.
10.5Any Internet Protocol address allocated by IAP Wired
to the Customer shall at all times remain the sole property
of IAP Wired
and the Customer will have a non-transferable
licence to use such address for the duration of this Agreement.
If this Agreement is terminated for whatever reason, the Customer's
licence to use the Internet Protocol address shall automatically
terminate and thereafter it will not use such address.
11.Software
Agreement
11.1IAP Wired
and its suppliers own the licensed programs
and the documentation provided with this Agreement, both of
which are protected by copyright laws. The Customer's right
to use the licensed programs and documentation is limited
to the terms and conditions described below:
11.2The Customer may:
11.2.1use the enclosed licensed programs on the number
of users specified in the Service to which the Customer subscribes;
11.2.2physically transfer the licensed programs from
one computer to another provided that the licensed programs
are used on no more that the number of users specified and
that the Customer removes any copies of the licensed programs
from the computer from which the licensed programs are being
transferred;
11.2.3make copies of the licensed programs solely for
the purposes of backup. The copyright notice must be reproduced
and included on a label on any backup copy.
12.Breach
of Conditions
12.1IAP Wired
shall investigate any suspected or alleged
breach of these Conditions or any suspected compromise to
it's network systems or security and in doing so IAP Wired
will act reasonably and fairly at all times.
12.2IAP Wired
reserve the right to take any action
IAP Wired
deem appropriate and proportionate to the breach
of the Conditions.
12.3If IAP Wired
decide that the Customer has breached
the Conditions, IAP Wired
will use reasonable endeavours
to ensure that the Customer is made aware of the breach without
suspension or termination of the Service. However it may be
necessary, due to the severity of the breach, to suspend or
end the Service whilst details of the breach are investigated
further. IAP Wired
reserve the right to suspend or end the
Customers Account at it's sole discretion without refund,
and make an additional charge for all reasonable costs incurred
due to investigating and dealing with the misuse and/or blocking
access to any component(s) of the Service.
12.4The Customer must notify IAP Wired
immediately
in writing of any allegation of infringement of any intellectual
property rights prompted by its use of the Service. The Customer
may not make an admission relating to an alleged infringement.
The Customer must allow IAP Wired
, or at IAP Wired
election,
the Carrier to conduct all negotiations and proceedings and
give IAP Wired
or the Carrier all reasonable assistance in
doing so. The Customer must allow any part of the Service
to be modified so as to avoid continuation of the alleged
infringement.
13.Term
and Termination
13.1The Customer may end this Agreement after the Minimum
Period of Service by giving IAP Wired
not less than thirty
(30) days written notice expiring no earlier than the end
of the Minimum Period of Service. If a Customer wishes to
end this Agreement before the end of the Minimum Period of
Service, IAP Wired
shall be entitled to charge the Customer
fees which would have been payable by the Customer for the
balance of the Minimum Period of Service.
13.2In addition, if a Customer using IAP Wired
ADSL
wishes to end this Agreement before twelve (12) months have
elapsed since the Commencement Date IAP Wired
shall be entitled
to charge a termination fee. For details of the current termination
fee please contact the IAP Wired
Sales department in writing
13.3The Customer may do so by writing to IAP Wired
indicating the Customer's intention to cancel and either(a)
send it to IAP Wired
10 High Street Portishead Bristol BS20 6EW
13.4IAP Wired
may end this Agreement immediately upon
written notice to the Customer if:
13.4.1it becomes unlawful for (i) IAP Wired
or the
Carrier supporting the Service to continue to provide the
Service; or (ii) IAP Wired
or the Carrier supporting the
Service is required to cease the Service by a competent regulatory
authority; or
13.4.2the Carrier supporting the Service ceases to
do so for whatever reason or materially changes the terms
of its provision of telecommunications services to IAP Wired
for the Service beyond the reasonable control of IAP Wired
; or
13.4.3The Customer (or a third party acting on the
Customer's behalf or instruction) fail to comply with any
of the material Conditions or conditions of this Agreement
including the Customer's obligation to pay and the Customer
does not remedy such failure within fifteen (15) days of a
request to do so.
13.4.4The Customer take (or cause or permit a third
party to take) any action in breach of IAP Wired
rights to
the Confidential Information.
13.5The provisions of this Agreement regarding Confidential
Information and limitation of liability shall survive the
termination of the Agreement.
13.6Upon termination of this Agreement the Customer
shall immediately stop using the Service and the Customer's
right to use Service shall immediately terminate.
14.Disclaimer
of Warranties
14.1THE SERVICE WILL BE PROVIDED TO THE CUSTOMER "AS
IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER
EXPRESS OR IMPLIED. IAP Wired
DISCLAIMS AND EXCLUDES ALL
SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION
ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF
DEFECTS AND VIRUSES, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. FURTHER,
IAP Wired
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT
MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED
WITH THE CUSTOMER'S USE OF THE SERVICE.
15.Limitation
on Liability
15.1Nothing in this Agreement shall exclude or limit
liability for(a) death or personal injury resulting from the
negligence of either party or their servants, agents or employees
or(b) fraud.
15.2IAP Wired
shall not be liable in contract, tort,
pre-contract or other representations (other than fraudulent
or negligent misrepresentations) or otherwise arising out
of or in connection with this Agreement for:
15.2.1any economic losses (including, without limitation,
loss of revenues, profits, contracts, business or anticipated
savings); or
15.2.2any loss of goodwill or reputation; or
15.2.3any special, indirect or consequential losses
or any destruction of data, in any case, whether or not such
losses were within the contemplation of the parties at the
date of this Agreement, suffered or incurred by that party
arising out or in connection with the provisions of, or any
matter under this Agreement.
15.3Subject to paragraphs 15.1 and 15.2 IAP Wired
liability to the Customer in contract, tort, negligence, pre-contract
or other representations arising out of or in connection with
this Agreement or the performance or observation of its obligations
under this Agreement shall be limited in aggregate to £250.
15.4Each provision of this paragraph 15 excluding or
limiting liability shall be construed separately, applying
and surviving even it for any reason any other provision does
not remain in force, notwithstanding the expiry or termination
of this Agreement.
15.5The Customer is solely responsible for any liability
arising out of any content provided by the Customer and/or
any material to which other users can link to through such
content. Any data included in the Equipment upon installation
by IAP Wired
is for testing use only and IAP Wired
hereby
disclaim any and all liability arising there from.
16.Indemnity
16.1The Customer agrees to indemnify and hold IAP Wired
harmless for all liabilities, loss, claims and expenses that
may arise from (a) any breach of these Conditions by the Customer;
and (b) any transmission or receipt of any content or message
which the Customer has requested or made using the Service.
17.Data
Protection/Personal Details
17.1IAP Wired
may retain the Customer's personal data,
and the Customer authorise IAP Wired
to use their personal
data, for the following purposes:
17.1.1provision of the Service to the Customer;
17.1.2keeping of a record for a reasonable period after
termination of the Customer's Service;
17.1.3operation and enforcement of these Conditions;
17.1.4technical maintenance;
17.1.5providing the Customer with information about
other services IAP Wired
offer, subject to the Customer's
right to opt out of receiving such information on the Application
Form;
17.1.6transferring it to another company in the event
of a sale of IAP Wired
; and
17.1.7legal compliance including disclosing it to any
third party who IAP Wired
reasonably consider has a legitimate
interest in any such investigation or its outcome.
17.2It is the Customer's responsibility to keep the
personal data that the Customer provide to IAP Wired
up to date. IAP Wired may send notices or other information
to the Customer at the address the Customer give IAP Wired . The Customer should notify IAP Wired immediately
of any change to the Customer's personal data by sending IAP Wired an email to sales@IAP Wired .com
18.Confidentiality
18.1The Customer must at all times, both during the
term of the Agreement and for a period of two (2) years after
its termination, keep in confidence all Confidential Information
using at least the same standard of care the Customer uses
with their own confidential information, but in any event
no less than reasonable care. The Customer may not use or
disclose any Confidential Information other than for purposes
and activities specifically permitted by the Agreement. The
Customer may only disclose Confidential Information to an
employee or contractor under binding obligations of confidentiality
substantially similar to those set forth in this Agreement
on a "need to know" basis. If the Customer is legally compelled
to disclose any Confidential Information, then, prior to such
disclosure, the Customer must:
18.1.1immediately notify IAP Wired
to allow IAP Wired
an opportunity to contest the disclosure;
18.1.2assert the privileged and confidential nature
of the Confidential Information; and
18.1.3co-operate fully with IAP Wired
in protecting
against any such disclosure and/or obtaining a protective
order narrowing the scope of such disclosure and/or use of
the Confidential Information. In the event that such protection
is not obtained the Customer may disclose the Confidential
Information only to the extent necessary to comply with applicable
legal requirements.
19.Notices
19.1Any notice required or permitted under the Agreement
must be in English and in writing. The Customer must send
any such notice to IAP Wired
at the following address: IAP Wired
10 High Street Portishead Bristol BS20 6EW
19.2Any notice to be sent to the Customer will be sent
to the address which the Customer provided on the Application
Form or such other address as the Customer shall have given
written notice of as the billing address.
20.Assignment
20.1IAP Wired
reserve the right to assign or sub-contract
any or all of its rights and obligations under this Agreement
without the Customer's further consent to such assignment
or sub-contract.
20.2The Customer may not sell, lease, sub-licence,
assign or otherwise transfer, whether in whole or in part,
by operation of law or otherwise, the Agreement or any rights
or obligations therein without the prior express written consent
of IAP Wired
.
21.Matters
Beyond The Parties' Reasonable Control
21.1If either party is unable to perform any of its
obligations under this Agreement because of a matter beyond
that party's reasonable control including, but not limited
to, lightning, flood, exceptionally severe weather, fire,
explosion, war, civil disorder, industrial disputes, or acts
of local or central Government or other competent authorities
or acts or omissions of third party telecommunications service
providers, that party shall have no liability to the other
for such failure to perform its obligations.
22.Proprietary
Rights
22.1All title, interests, and rights (including intellectual
property rights) in the Service remain in IAP Wired
and/or
its suppliers. The Customer acknowledge such title, interest
and rights and the Customer shall not take any action to jeopardise,
limit or interfere in any manner with IAP Wired
(or any third
party supplier's) title, interests or rights with respect
to the Service including, but not limited to, using its trademarks
or trade name.
22.2Title and related rights in any content accessed
through the Service are the property of the applicable content
owner and are protected by applicable laws. The right to use
granted to the Customer under this Agreement gives the Customer
no rights to such content. If the Customer wishes to use such
content, the Customer must ensure that he has the appropriate
consent or licence of the content owner.
23.Amendment
of These Conditions
23.1IAP Wired
reserve the right to add to and/or amend
the Conditions at any time. Such changes shall be notified
to the Customer by posting on the Legal section of the IAP Wired
Website)Changes in this manner shall be deemed to have been
accepted if the Customer continues to use the Service after
a period of two weeks from the date of posting on the Website.
24.Miscellaneous
24.1The Agreement will constitute the entire agreement
between the parties concerning the subject matter of these
Conditions. It will supersede all prior and contemporaneous
agreements, communications and representations (except for
fraudulent or negligent misrepresentations) whether oral or
written, between the parties relating to the subject matter
of these Conditions, and all past courses of dealing or industry
custom. The Agreement will prevail over any other conflicting
written instrument or other notice the Customer may submit
to IAP Wired
.
24.2Any amendment to the Agreement must be in writing
and signed by an authorised representative of each party.
24.3The Agreement shall be governed by the laws of
England and the parties submit to the non-exclusive jurisdiction
of the Courts of England.
24.4In the event of a dispute between the parties,
the parties will attempt in good faith to resolve the dispute
or claim arising out of or relating to the Agreement promptly
through negotiations between the respective representatives
of the parties who have authority to settle the same.
24.5If any provision of the Agreement (whether in part
or in whole) is held by a court of competent jurisdiction
to be illegal, invalid or unenforceable the remaining provisions
of the Agreement shall remain in full force and effect.
24.6Any waiver of any breach of any provision of the
Agreement will not constitute a waiver of any prior, concurrent
or subsequent breach of the same or any other provisions of
the Agreement. A waiver of a provision or breach of a provision
of the Agreement will only be effective if IAP Wired
and
signed by an authorised representative of the waiving party.
24.7The licence granted under the Agreement will not
create a partnership, joint venture, agency relationship or
franchise relationship.
24.8Notwithstanding any other provision in this Agreement,
nothing in this Agreement will create or confer any rights
or other benefits whether pursuant to the Contracts (Rights
of Third Parties) Act 1999 or otherwise in favour of any person
other than the Customer or IAP Wired
.
24.9The headings to the sections of these Conditions
are for convenience only and have no substantive meaning.
[TOP]
Acceptable
Use Policy
IAP Wired
Acceptable Use Policy
This Acceptable Use Policy specifies the actions prohibited
by Netservices Limited ("IAP Wired
") to users of the IAP Wired
Network*. Users may be defined as "customer or anyone who
uses or accesses the IAP Wired
Network or Internet service".
IAP Wired
reserves the right to modify this Policy at any
time, effective upon posting of the modified Policy to this
URL. Any modifications to this Policy will be made when IAP Wired
feels it is appropriate and it is the User's responsibility
to ensure their awareness of any such changes.
ILLEGAL
USE
The IAP Wired
Network may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation
of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark,
trade secret or intellectual property right used without proper
authorisation, and material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws.
THE
NETWORK
1. The user acknowledges that IAP Wired
is unable to exercise
control over the content of the information passing over the
IAP Wired
Network. Therefore, IAP Wired
is not responsible
for the content of any message whether or not the posting
was made by a IAP Wired
customer.
2. The IAP Wired
Network may be used to link into other networks
worldwide and the user agrees to conform to the acceptable
use policies of these networks.
3. In addition the user undertakes to conform to the Internet
protocols and standards.
4. The user may not circumvent user authentication or security
of any host, network, or account (referred to as "cracking"
or "hacking"), nor interfere with service to any user, host,
or network (referred to as "denial of service attacks").
5. Without prejudice to the foregoing, IAP Wired
considers
that any application that overloads the IAP Wired
Network
by whatever means will be considered as making profligate
use of the IAP Wired
Network and is as such NOT allowed.
Use of IP multicast other than by means provided and co-ordinated
by IAP Wired
is likewise prohibited.
6. Users who violate systems or network security may incur
criminal or civil liability. IAP Wired
will fully co-operate
with investigations of suspected criminal violations, violation
of systems or network security under the leadership of law
enforcement or relevant authorities.
SYSTEM
AND NETWORK SECURITY
Violations of system or network security are prohibited, and
may result in criminal and civil liability. IAP Wired
will
investigate incidents involving such violations and will involve
and will co-operate with law enforcement if a criminal violation
is suspected. Examples of system or network security violations
include, without limitation, the following :
· Unauthorised access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without express authorisation of the owner of the
system or network;
· Unauthorised monitoring of data or traffic on any network
or system without express authorisation of the owner of the
system or network;
· Interference with service to any user, host or network including,
without limitation, mailbombing, flooding, deliberate attempts
to overload a system and broadcast attacks;
· Forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting. If approached
with complaints relating to any of the above violations, IAP Wired
will co-operate and assist the Police and law enforcing bodies
with their investigations in order to bring such mis-use and
violations to an end.
E-MAIL
1. It is explicitly prohibited to send unsolicited bulk mail
messages ("junk mail" or "spam") of any kind (commercial advertising,
political tracts, announce-ments) etc.
2. It is also explicitly prohibited to allow others to send
unsolicited bulk mail messages either directly or by relaying
through the Users systems. For the avoidance of doubt, users
must ensure that their systems cannot be relayed through.
Users may not forward or propagate chain letters nor malicious
e-mail.
3. A user may not solicit mail for any other address other
than that of the user, except with full consent of the owner
of the referred address.
USENET
NEW
All Users of the IAP Wired
Network are advised to become
familiar with the IAP Wired
information and guidelines which
explain what the service is and how to use it. These guidelines
can be found at www.netservicesplc.com Users should, before
using the service, familiarise themselves with the contents
of the following newsgroups : news.newusers.questions; news.announce.newusers;
and news.answers Excessive cross-posting (ie, posting the
same article to large numbers of newsgroups) is forbidden.
Posting of irrelevant material to newsgroups (also known as
USENET spam) is also forbidden. Posting binaries to a non-binary
newsgroup is forbidden.
INTERNET
WATCH FOUNDATION
IAP Wired
subscribe to and shall abide by advice given by
the independent industry body The Internet Watch Foundation
("IWF") in relation to content of the Internet. For further
information regarding IWF and its policy, please refer to
http://www.internetwatch.org.uk. INDIRECT OR ATTEMPTED VIOLATIONS
OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD
PARTY ON BEHALF OF A IAP Wired
CUSTOMER OR A CUSTOMER'S END
USER, SHALL BE CONSIDERED VIOLATIONS OF THIS POLICY BY SUCH
CUSTOMER OR END USER.
[TOP]
|