| The paragraphs below set out the basis
on which we, Net Access Ltd, are making i12.com (which
means the content, search facilities, directory services, web
space, e-mail, newsgroups, and other services provided by us)
available to you.
1. Registering for
i12.com 1.1 You must provide true, accurate,
current and complete information when you register as a user
of i12.com. You must also notify us immediately of any changes
to this information by e-mailing us at support@i12.com
1.2 We reserve the right to terminate
your account (including user name and password) if any of
this information is untrue, inaccurate, out-of-date or incomplete.
2. Treatment of
registration information and your
privacy 2.1 We will respect your privacy
and will abide by all applicable data protection legislation
when dealing with your registration information.
2.2 We may use your registration
information - or other personal information submitted by you
at another time - in accordance with any purposes for which
your consent is or has been given as part of the process during
which you submit that information. If you gained access to
i12.com via a CD-ROM supplied by a third party, we reserve
the right to make any of your details available to that party
without prior consent. Your details may be passed on and stored
by companies that we have contracted with to provide the i12.com
services but only for the purpose of providing those services
to you. If you do not wish this information to be passed on
please do not go any further.
2.3 We will not disclose your registration
or other personal information to any third party without your
consent: other than as set out above; as required by law or
any competent authority; or as permitted by the Data Protection
Act 1998.
3. Your access to
i12.com 3.1 These are the Terms of Use ('ToU')
on which Net Access Ltd will provide you with access
to the internet. We may decide to update them at any time
and without notice to you - your use of i12.com is on the
basis of whichever version of these terms is current at that
time.
3.2 You must comply with the ToU
at all times. You must also adhere to the Acceptable Use Policies
('AUP') that we publish from time to time. If you breach any
requirement of either of them, we have the right at our sole
discretion to suspend or terminate your i12.com account without
notice or to block access to any component of i12.com.
3.3 You may only access the machines
and the specific ports needed to use i12.com. Any other use
of i12.com equipment is unauthorised and is a criminal offence
under current UK Law.
3.4 We reserve the right to suspend
or cancel your user account at our sole discretion, including
further to clauses 1.2 and 3.2 above and in the event that
we do so you agree that we will have no liability to you.
If we do cancel your user account - and if you close your
account - this will mean that all your e-mails and any material
contained within your webspace will be deleted.
3.5 We reserve the right to deny
access to all or any part of i12.com if the telephone calling
line identification ('CLI') is withheld or unavailable from
the telephone line that you use to access i12.com. You accept
that if we suspend or terminate the user account of another
member of your business then you will not be able to access
i12.com (as this is based upon CLI).
4. Your obligations
and your liability to us 4.1 You will not use i12.com for
any illegal purpose and you will comply with the ToU and with
the AUPs as set out in clause 3. In particular you will not
use i12.com to distribute or make available any material (nor
will you choose an email address) which is obscene, defamatory,
offensive, menacing or otherwise objectionable or which may,
in the opinion of Net Access Ltd, be perceived
as such by a reasonable third party.
4.2 You will be required to select
a username and password during the registration process. You
are responsible for maintaining the confidentiality of the
password and are fully responsible for all activities that
occur under the username and password, including indemnifying
Net Access Ltd for any claims against or losses
suffered by it in relation to any unauthorised use of i12.com.
Other users of your username and password shall be bound by
these terms and conditions as if they were you. You agree
to immediately notify us of any unauthorised use of your username
or password or any other breach of security of which you become
aware.
4.3 You acknowledge that all copyright,
trademarks and all other intellectual property rights in any
material supplied as part of i12.com shall remain vested in
us or our licensors. You acknowledge that you are permitted
to use this material only as expressly authorised by Us or
our licensors and may not copy, reproduce, transmit, distribute
or create derivative works of such material without express
authorisation from us; and
4.4 You agree that your correspondence
with, or participation in the promotions of, advertisers or
merchants found on i12.com, including payment for and delivery
of related goods, services and any other terms, conditions,
warranties or representations, associated with such dealings,
are solely between you and such advertiser or merchant. You
agree not to hold us liable for any loss or damage of any
sort incurred as the result of any such dealings or as the
result of the presence of such advertisers or merchants on
i12.com.
4.5 You agree to indemnify us, or
any company in the i12 group and our and their officers, directors
and employees, against all claims, liability, damages, costs
and expenses, including legal fees, arising out of any breach
of these Terms of Use by you or any other liabilities arising
out of your use of i12.com.
4.6 You are responsible for procuring
the necessary equipment and the payment of telephone charges
necessary to access i12.com.
4.7 Where you use i12.com to reach
networks and services not operated by us, you will abide by
the AUPs and Terms and Conditions imposed by the operators
of those networks and services. We disclaim all liability
for any breach of this clause.
5. Our obligations
and our liability to you
5.1 We will use our reasonable endeavours
to maintain i12.com as an uninterrupted service but you will
not be eligible for any compensation if you cannot use i12.com
at any time or for any period of time due to any failure,
suspension or withdrawal of all or part of it.
5.2 i12.com is provided on an "as
is" and "as available" basis and we make no
warranty or representation, whether express or implied, that
i12.com will meet your requirements or will be uninterrupted,
timely, secure or error-free. In particular, we make no warranty
as to i12.com's completeness, accuracy, satisfactory quality
or fitness for a particular purpose.
5.3 We reserve the right to modify
or discontinue, temporarily or permanently, i12.com or any
part of it with or without notice to you and you confirm that
we shall not be liable to you or any third party for any modification
to or discontinuance of i12.com.
5.4 No warranty is given by us as
to results that may be obtained or the accuracy of any information
obtained through i12.com and we accept no liability for any
third party material or the contents of any third party website
whether or not i12.com links to that material or website.
5.5 We are not liable for any use
you make of i12.com, nor for any content which you may send
or receive using i12.com, nor for any charges that you incur
with any third party or for any transactions entered into
through i12.com, nor for any software running on your host.
You agree to indemnify us against the effects of any acts
or omissions by you in relation to i12.com or any claims resulting
from such acts or omissions by you.
5.6 We shall not be liable for any
consequential losses you may suffer arising from or in any
way connected with i12.com, including, without limitation,
damage for loss of business, loss of profits, business interruption,
loss of business information, or any other pecuniary loss
whatsoever (even where we have been advised of the possibility
of such loss or damage).
5.7 Any decision we make in relation
to i12.com, these Terms of Use or the AUPs shall be final.
5.8 Any waiver by us of any of our
rights shall not prevent us from bringing any proceeding and
will not be construed as a waiver of any succeeding breach
of any provision by you.
6. General legal
points 6.1 These Terms of Use constitute
the entire agreement between us with respect to their subject
matter.
6.2 These Terms of Use and all other
legal relationships between us shall be governed by English
law, and are subject to the exclusive jurisdiction of the
English courts.
6.3 If any part of these Terms of
Use or any AUP shall be held to be invalid or unenforceable,
this shall not affect the enforceability of any other provision
of these Terms of Use or AUPs.
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