| OfficeLink IT
Internet subscriber terms and conditions
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 OfficeLink.IT Limited, registered in England
number 4321011 ("The ISP") to provide its service on such
favourable terms, you are required to provide the preceding 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. Most 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 ISP’s 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" - 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 ISP’s
standard terms and conditions for the Service as varied from time
to time.
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