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Please Read And Accept These
Terms & Conditions Before Continuing
AGREEMENT FOR USIC Internet Services Ltd.
Please read this agreement carefully.
You are authorised to access and
use this Service when you have completely filled in all the required registration
information and indicated your concurrence with terms of this Service as described
in the registration instructions.
This Agreement and your registration
information are the complete agreement between you and USIC Internet Services Ltd regarding
this Service and replace any prior oral or other communications between us.
Terms and conditions are obtainable from our home page.
We reserve the right to amend and
update these Terms and Conditions at any time without notice.
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1. Charges
Charges to our service will be due
in advance, and are payable by Direct Debit, cheque or BACS.
Payment is due within the time limit
stated on your invoice.
If payment is not made on time, USIC Internet Services Ltd may charge interest daily on the outstanding balance at 3% above Lloyds TSB plc base lending rate from time to time.
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2.Description
Overview
Under this Agreement we provide you
access to and use of the USIC Internet Services Ltd Services ("Service").
Dial access is via telephone number(s)
which we provide to you.
Access to Internet Service Description
we provide only access to Internet. Each Internet provider owns, maintains,
and supports its service. Availability of an Internet service is the responsibility
of the Internet provider. We do not own or control all of the various facilities
and communication lines through which access may be provided. Accordingly, we
shall not be responsible for user/access security. However, we will assist in
network security breach detection and identification and in establishing limited
access when requested.
Certain Internet services may contain language or pictures which some individuals
may find offensive, inflammatory, or of an Adult nature. Such contents are the
sole responsibility of the Internet service provider. We do not endorse such
materials and disclaim any and all liability for their contents.
With regard to Internet services,
you are responsible for:
1.determining what services are available
via the Internet; 2.determining if an Internet service meets your requirements;
3.obtaining from the Internet provider user IDs in order to access their service;
4.contacting the Internet provider directly if you have problems with their
service; 5.having invoiced directly to you and paying Internet provider charges
if any, associated with your usage of their service; 6.obtaining and adhering
to all other terms associated with usage of Internet or a specific Internet
service or an intermediate provider's service which we use for access to the
Internet; and 7.obtaining, installing, and maintaining any required hardware
and/or software necessary for accessing the service.
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3. Electronic Communications
Each of us may communicate with the
other by electronic means as described in this Agreement and its registration
information. Each of us agrees to the following for all electronic communications:
1.a User Identification, contained
in an electronic document, is legally sufficient to verify the sender's identity
and the document's authenticity; 2.an electronic document that contains a User
Identification, is a signed writing; and 3.an electronic document, or any computer
printout of it, is an original when maintained in the normal course of business.
Unsolicited E-mail ("Spam")
is unpopular within the Internet community and is a problem that is becoming
more prevalent. USIC Internet Services Ltd does not support or encourage "spamming"
in any way. In an attempt to curb and hopefully prevent such a situation,
preventative measures have been implemented:
1. USIC Internet Services Ltd have implemented
"anti-spamming" measures that prevents the mail servers being used
as a mail relay. This simply means that Internet users that are not GUSIC Internet Services Ltd customers cannot use our mail system to distribute any email from another provider's
on-line service. Such filters are being implemented globally by responsible
on-line access providers.
2. Any USIC Internet Services Ltd customer found
to be responsible for distributing unsolicited email will have their account
terminated immediately.
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4. General Terms
Each of us agrees that:
1.all information exchanged by both
of us is non-confidential. Section 9 of this Agreement describes our responsibilities
for handling data and information you transmit over our network using the Service;
2.any terms varying from this Agreement
in any order, written or electronic communication from you are void;
3.neither of us grants the other
any licenses under this Agreement; and
4.if any provision of this Agreement
is determined to be invalid, all other provisions shall remain in force.
Annual Account Holders
5. If a customer decides to subscribe
for a full year to any of our services and within that period decides to terminate
the agreement, unless we are in breach of this agreement, we will not refund
any outstanding monies held against that account.
Monthly Account Holders
6.Either party may terminate this
Agreement, with or without cause, if the customer has subscribed to the monthly
payment plan and by giving notice to the other, in writing and in such case
the Agreement will terminate at the end of the month or when the monthly payment
expires;
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5. Our Responsibilities
We will:
1.provide you a User Identification
code to enable access to the Service; 2.send any electronic notice to you at
the User Identification code we provide you; 3.provide you with a telephone
number to enable you to connect to the Service; 4.provide you electronic or
written notice if we change or terminate this Agreement, substantially alter
the service from its current description, increase service charges, or change
invoicing procedures. Such changes shall be effective immediately; and 5.provide
access to the current Agreement and any succeeding Agreement, if applicable
so that you may retrieve it or view it on-line.
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6. Your Responsibilities
You agree:
1.that we may use your name, user
identification and other identifying information in our service directory; 2.not
to assign, or otherwise transfer, this Agreement or your rights under it, delegate
your obligations, or resell the Service. Any attempt to do so is void; 3.that
you are responsible for the results obtained from the use of the Service; 4.to
obtain, install, and maintain suitable equipment and software as necessary to
access the Service; 5.to obtain all required permissions if you use the Service
to receive, download, display, distribute, or execute programs or perform other
works; 6.to comply with all applicable laws, regulations, or conventions including
those related to data privacy, international communications, and exportation
of technical or personal data; 7.to give all required notices under this Agreement
by sending an electronic or written notification; 8.to pay charges for all Service
usage you incur by any means. Failure to promptly pay may result in withdrawal
of your access to the Service. If you terminate this agreement, all charges
incurred will be payable in full. 9.not to use this Service to interfere or
attempt to interfere with the use of the Service and/or the Internet by any
other party. And 10.to provide us with the requested identification when requesting
password reset or in connection with other security related matters.
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7. Warranty, Limitation of Liability,
and Disclaimer
We warrant that the Service that
we provide under this Agreement conforms to its current description in this
Agreement. If the Service is inoperable, we will attempt to fix the Service.
For any claims whatsoever that you may have in connection with this Agreement,
your sole and exclusive remedy against us is to cancel the Service.
In no event are we liable for:
1.special, indirect, or consequential
damages even if we have been advised of the possibility thereof including, but
not limited to, lost profits, lost business revenue, or failure to realise expected
savings, or 2.any claims against you by any other party.
This Section 7. applies to all claims
by you irrespective of the cause of action underlying your claim including,
but not limited to:
1.breach of contract, even if in
the nature of a breach of condition or a fundamental term or a fundamental breach,
or 2.tort including, but not limited to negligence or misrepresentation.
This paragraph does not apply to
claims for personal injury or damage to real or tangible personal property caused
by our negligence.
Notwithstanding the foregoing, in
no event are we liable for any damages arising from your failure to perform
your responsibilities in connection with this Agreement, or arising from any
cause beyond our control, including, but not limited to delay in the performance
of our obligations or misuse of your User ID(s).
EXCEPT AS SPECIFICALLY SET FORTH
HEREIN, WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE RELATING TO OUR SERVICE OR THE SERVICE OF ANY OTHER SERVICE
PROVIDER. FURTHER WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY
CLAIM THAT YOUR ACCESS OR USE OF THE SERVICE OR ANY OTHER PROVIDER'S SERVICE
OR PRODUCTS INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
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8. Customer Transmitted Data
We agree to respect the confidentiality
of your information, including programs and data, transmitted electronically
over our network while using the Service. However, we have no obligation of
confidentiality relating to your information, including programs and data, which
is not confidential.
We also have no liability for any
disclosure of information that occurs as a result of our delivery of your information,
at your direction and to a recipient you designate, when the delivery is made
in the normal course of service provision (for example, to an incorrect delivery
address provided by you to us). We may disclose information to the extent required
by law.
Handling of your information
You are responsible for selection
and use of the security facilities and options that we provide.
You are responsible to develop and
maintain procedures (apart from the Service) to protect your information. You
are responsible for backup and restoration of your information.
For transmission carried over inter-exchange
carriers' and local exchange carriers' facilities, we are not responsible for
transmission errors, or corruption or security of data.
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9. Service Availability and Access
This Service is generally available
daily, seven days a week, except for maintenance.
Service maintenance generally takes
place from 3pm until 5pm local time on Sunday however we may at anytime without
notice or liability restrict the use of the Service or limit its time of availability
in order to perform maintenance activities. At USIC Internet Services Ltd we do try to keep
the service accessible at all times but connection to the service may not be
accessible due to excessive demand from other users at peek times of the day
usually between the hours of 6pm to 10pm.
We also reserve the right to withdraw
the Service from you if your use of the Service, in our opinion, is disruptive,
causes a malfunction of the Service or violates the terms of this Agreement.
We may withdraw the Service when
your account balance drops below the account minimum.
If you connect to the Service automatically,
without manually entering your User Identification code, you must understand
that anyone who has access to your computer can also gain access to the Service
and could abuse your personal registration information.
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10. Domain Name registration
10.1 The customer will register domain
names according to the rules provided by the registrar associated with the domain
name.
10.2 Customers who wish to move their
domain name services may do so either by faxed letter, or using the provided
infrastructure on the domain name control panel.
10.3 We aim to make any modifications
within 24hours. We can not be held responsible for failure to make changes
within this time.
10.4 Domain names registered using
the on-line forms are processed automatically in order for us to keep costs
down, we regret that we are unable to offer any refunds for mistakes made by
customers using this system.
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11. Web hosting and e-commerce solutions
SERVER USE
Personal accounts are to be used by the primary owner only. Personal account
holders are not permitted resell, store or give away web-hosting services of
their website to other parties. Web hosting services are defined as allowing
a separate, third party to host content on the owner's web site. Exceptions
to this include ad banners, classified ads, and personal ads.
Customers may however resell our
Reseller packages.
USIC Internet Services Ltd reserves the right to
refuse service and /or access to its servers to anyone.
USIC Internet Services Ltd do not allow any
of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video,
or music files, and any material in violation of any Federal, State or Local
regulation.
Adult Material - Includes all pornography,
erotic images, or otherwise lewd or obscene content. The designation of "adult
material" is left entirely to the discretion of USIC Internet Services Ltd.
Warez - Includes pirated software,
ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and
encrypting of any of the above. Also includes any sites which provide "links
to" or "how to" information about such material.
Bandwidth Policy
High bandwidth usage: USIC Internet Services Ltd offers a limited use policy whilst maintaining
very large ratios of bandwidth per customer. In rare cases, USIC Internet Services Ltd may
find a customer to be using server resources to such an extent that he or she
may jeopardise server performance and resources for other customers. In such
instances, USIC Internet Services Ltd reserves the right to limit the amount of bandwidth
available to the site until a new pricing structure has been agreed by both
parties. We will not shut down a customers site without prior notice and
agreement.
We do not allow Adult, Warez,
illegal MP3 Sites or IRC Bots.
You may not store more data
in your account than your allotted virtual server space.
Your virtual server (inc FTP and
Telnet access) is for your personal use only. You must not divulge the
password to any other person, and you should take reasonable precautions to
ensure that it is not discovered by other people.
Data stored on our servers is not
guaranteed to be backed up. It is recommended that you keep an independent backup
of all data stored on your virtual server.
You may not run server processes
(eg. talkers/IRC Bots) from your virtual server.
We shall not be held liable
for any loss or damages caused by the use or misuse, unavailability or removal
of services.
When your account is closed, all
files (including web pages, etc.) will be deleted.
We reserve the right to cancel your
account at any time without notice.
To protect your privacy we never
distribute your name or e-mail address to any third parties.
16/12/2008
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