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0845 Dialup Terms
This service is brought
to you by SurfAnytime Ltd.
SUBSCRIBER AGREEMENT
These Terms and Conditions constitute an agreement between you
and SurfAnytime Ltd,
38 Queen Street, Glasgow, G1 3DX ("SurfAnytime").
These Terms and Conditions apply to the use by you of the SurfAnytime
on-line information, communication and other services provided by SurfAnytime
(the "Internet Services"), the different payment and
connectivity options (the "Access Options"), and access to
information and services provided by third parties (the "Third
Party Service(s)") and the use of the software program(s) (the
"Software") and any associated documentation which may be
included in the delivery (the "Accompanying Material") that
you, the end user, are now taking into use. The Internet Services
allow you access to the Internet and your use of the Internet is at
your own risk and is subject to any applicable laws. SurfAnytime does
not accept responsibility for Third Party Services obtained by you
when using the Internet.
You should read these terms carefully. By completing the registration
request and by using the Internet, you agree to be bound by these
Terms and Conditions.
0845 Option
1)Registration
1.1)If you are a SurfAnytime 0845 member the details provided by you
on registration are important and must be true, correct and
complete. You agree to notify us immediately of any changes which are
relevant to your registration.
2)Your Personal Information
2.1)We will respect your personal information and undertake to comply
with all applicable UK Data Protection legislation currently in
force.
2.2)If you are a SurfAnytime 0845 member you agree that the we may use
the personal information provided by you in accordance with the
notification given to you on the membership registration form. Such
use will be in accordance with our Privacy Policy. If applicable
our use will however be subject to any limitations you selected or
choices you made on the registration form. As a SurfAnytime 0845
member you agree that we may contact you by email in order to keep you informed
of any service related issues affecting your use of our services.
2.3)If you are a visitor to the SurfAnytime 0845 Service, our use of
your personal information will be in accordance with our Privacy
Policy.
3)Our Obligations to SurfAnytime 0845 Members and Visitors
3.1)We will use our reasonable endeavours to maintain the SurfAnytime
0845 Service in a satisfactory operating condition. As we cannot
guarantee that this will always be the case we do not accept
responsibility for any interruptions or failures in the Service
or for any defects that may exist, or for any costs, loss of profits,
loss of data, or consequential losses arising from your use of,
or inability to access or use the Service.
4)The Contents of the SurfAnytime 0845 Service
4.1)The Service is provided without any warranties or guarantees
unless specifically stated.
4.2)Your dealings with, and interest in, promotions, services, or
merchants found on or via the Service
are solely between you and the person with whom you are dealing unless
expressly stated to the contrary by us. We will do its best to
help you resolve the situation, but we will not be responsible for any
loss or damages that may arise from any such dealings.
4.3)We may provide - or merchants and content providers found on or
via the Service may provide - links to other web sites or
resources. We are unable to accept responsibility for these web sites
or resources; neither can we be deemed to have endorsed their
content, products or services merely because they are accessible via
the Service.
4.4)We make all reasonable efforts to ensure that all information
provided within the Service is accurate at the time of its
inclusion, however, there may be errors, inaccuracies or omissions in
respect of which we excludes all liability. We make no
representations or warranties about the information included on
this web site (including links to third parties' web sites). Any
decisions based on the information contained on this web site are
your sole responsibility.
4.5)Information provided by us does not constitute legal or
professional advice and should not be relied upon without taking
independent advice.
4.6)The Company, its affiliates, information providers or content
partners do not provide any warranty as to the timeliness,
accuracy or completeness of the information contained within the
Service.
5)Nature of the SurfAnytime 0845 Service
5.1)Whilst we recognise that the internet is not a completely secure
medium of communication, we has taken steps to safeguard the
security of any information you input on this web site or send to us
on the internet by using secure servers and Secure Sockets Layer
("SSL") technology which encrypts the information you input
on your system before it is transmitted to us. We are is not and
will not be responsible for any damages the user may suffer as a result
of the loss of confidentiality of such information.
5.2)We reserve the right to suspend, restrict, or terminate your
access to the Service for any reason,
including in particular if your use of it causes or is likely to cause
the whole or part of the
Service to be interrupted, damaged, rendered less efficient or in any
way impaired.
5.3)In order to maintain the integrity of the service, we reserve the
right to forward contact details to the police, or other
regulatory authorities where requested to do so; we may also forward
contact details where a complaint arises concerning your use of
the Service and where that use is deemed by us to be inconsistent with
these user conditions.
6)Storage of e mail or other content
6.1)Where we provide you with e-mail facilities, web hosting or other
services which involve us providing storage space on our
computers we hereby reserve the right to impose limits on the storage
space provided. Such limits may be by reference to the physical
amount of space made available to you, the number of e-mail messages
held, the size of any attachments send or any other method we may
specify. We reserve the right to vary these limits from time to time
and we will keep you informed by e-mail. We reserve the right to
refuse to accept material and/or to delete material which exceeds
the relevant limit. This limit is currently 100Mb or 1000 emails,
whichever is the greater.
7)Your Obligation to Us
7.1)You agree that you will only use the Service in a manner that is
consistent with these user conditions and in such a way as to
ensure compliance with all applicable laws and regulations. In
particular, you will not use the Service to transmit or post any
material which is defamatory, offensive, or of an obscene or menacing character,
or which may, in our judgment, cause annoyance, inconvenience or
anxiety to any person.
7.2)To the extent to which your use, or the use by any person who may
be authorised by you or for whom you are responsible (for example
as an employer or as the parent or guardian of a child) causes loss or
damage to any person, you agree to indemnify the SurfAnytime 0845
immediately on demand in relation to any such losses or damages
attributable to theCompany, including where necessary any legal and
administrative, or technical charges that may arise from such use.
7.3)The Service is intended to appeal to a wide range of audience and
as such not all of the
Service is suitable for use by children. Parents and guardians are
reminded of the importance of supervising young childrens' use of
the Service. Parents or guardians of children shall be responsible for
the actions of any such children.
7.4)Where applicable, you are responsible for maintaining the
confidentiality of your username and the password assigned to you
on registration. As a result, you are fully responsible for all
activities which occur under them. You must notify us immediately
of any unauthorised use of which you become aware.
7.5)You are responsible for obtaining the equipment and paying all
telephone charges necessary to access and use the Service. You
are also responsible for making your own back-up arrangements in
accordance with good computing practice.
7.6)You agree that the material and content contained within or
provided by us as part of the Service is for your use only and
may not be distributed commercially without our permission. You may
not
display the contents of the Service or any part of them in a frame
surrounded by other material not
originated by us. Your use of the Service carries with it no rights in
relation to copyright, trade
marks or other intellectual property rights that belong to the
Company. The SurfAnytime 0845 logo and name are trademarks of the
Company.
7.7)
If your account is used less than 5 hours per month, it will be
assumed as dormant and may, without notice and at our
discretion, be removed. If your account is not used at all
in a 30 day period, it will be assumed as terminated and will, without
notice, be removed.
For the avoidance of doubt, all associated webspace, Internet access
and email accounts will also be removed at the same time your 0845
account is terminated in the above instance.
8)Limit of Liability
8.1)The Company's entire liability to you in respect of all matters
associated with the Services shall be limited as follows:-
(a) Nothing in this contract excludes our liability for death or
personal injury arising from the negligence
of the Company, its servants or agents.
(b) Nothing in this contract excludes any other liability, which is
prohibited from being excluded by law.
(c) Except as set out in (a) and (b) above the SurfAnytime 0845
accepts no liability for and hereby excludes any liability for
any consequential or indirect losses, loss of profits, loss of
business, loss of goodwill or any form of special damages.
(d) The Company's liability for direct losses shall (subject to sub
paragraphs (a) and (b) above) be limited to the amount actually
paid by you to the SurfAnytime 0845 and all conditions, warranties or
other terms whatsoever inconsistent with the provisions of this
sub paragraph are hereby expressly excluded.
(e)
In the event that (c) should prove for any reason ineffective to
exclude any liability referred to in that sub paragraph, any such
liability shall, subject to (a) and (b) be limited to the amounts
actually paid by you to the Company.
(f) Each of sub paragraphs (a) to (e) above shall be a separate and
severable limitation and if any one or more of them shall prove
for any reason ineffective to exclude any liability referred to in the
relevant
sub paragraph(s) the remaining sub paragraphs shall remain in full
force and effect.
9)Other Conditions
9.1)If any provision of these conditions is held to be unenforceable,
it will not affect the validity and enforceability of the remaining
provisions.
9.2)These conditions may be amended from time to time. Any such
amendments shall be effected by posting the amended terms and
conditions within the Service. If you are a member we will inform you
of the Amendment through our e-mail servicing newsletter. We may
also in the same way extend these conditions to include other conditions
applicable to specific products or services offered by us from time to
time.
9.3)These conditions shall be deemed to be a contract made in Scotland
and these conditions and your use of the Service are subject to
Scottish law and the jurisdiction of the Scottish courts.
10. We reserve the right to alter
these terms and condition as necessary.
11
Email
11.1) We do not back up individual mailboxes.
11.2) Email messages are removed from our servers
automatically when they are 60 days old. This
applies if the message has been read or not. You
must download your email onto your local machine to
prevent this.
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