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All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2000 C2 Internet Ltd all rights reserved. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with C2 Internet Ltd or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of C2 Internet Ltd is strictly prohibited.  All trademarks, service marks, and trade names (collectively the "marks") are proprietary to C2 Internet Ltd or other respective owners that have granted C2 Internet Ltd the right and license to use such marks.

Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "site"). By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site. C2 Internet reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

Copyright

All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2000 C2 Internet Ltd all rights reserved. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with C2 Internet Ltd or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of C2 Internet Ltd is strictly prohibited.

Trademarks

All trademarks, service marks, and trade names (collectively the "marks") are proprietary to C2 Internet Ltd or other respective owners that have granted C2 Internet Ltd the right and license to use such marks.

Disclaimer

The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, C2 Internet Ltd disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, C2 Internet Ltd does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.

Order Acceptance

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. C2 Internet reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information will be required prior to the acceptance of any order.

Limitation on Liability

In no event shall C2 Internet Ltd be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if C2 Internet has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

External Sites

This site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "external sites"). You acknowledge that C2 Internet Ltd is not responsible for the availability of, or the content located on or through, any external site. You should contact the site administrator or Webmaster for those external sites if you have any concerns regarding such links or the content located on such external sites.

Our Address

http://www.c2internet.net/

Standard Terms and Conditions

1. Application

1.1 These Conditions shall govern and be incorporated into every contract for the supply of hardware or software or the provision of Services including but not limited to Professional Services, maintenance or other Support Services made by or on behalf of the Seller with any customer (the “Buyer”). They shall apply in place of and prevail over any terms or Conditions contained or referred to in any documentation submitted by the Buyer whether before or following the date of this Agreement or in correspondence or elsewhere or implied by trade customs, practice or course of dealing unless specifically excluded or varied in writing by a director or other authorised representative of the Seller and any purported provisions to the contrary are hereby excluded and have no effect.

1.2 Acceptance by the Buyer of delivery of the Software or Hardware shall, without prejudice to any other manner in which acceptance of these Conditions may be evidenced, be deemed to constitute unqualified acceptance of these Conditions.

1.3 If subsequent to any contract of sale or for the supply of goods or services which is subject to these Conditions, a contract for the sale or the supply of goods or services is made with the same buyer without reference to any Conditions of sale, purchase or supply, such contract howsoever made shall be deemed to be subject to these Conditions.

2. Prices

Unless specified otherwise any VAT and other sales tax or duties which are applicable shall be added to the price and paid by the Buyer in addition to the price.

3. Terms Of Payment

3.1 Payment of invoices shall, except where specified otherwise in preceding Parts and Schedules to Parts of this Agreement be made in full within thirty (30) days of the date of the Seller's invoice. Time of payment shall be of the essence in respect of all the contracts entered into between the Buyer and the Seller to which these Conditions apply. The Seller reserves the right to suspend the provision or continued operation of Software, Hardware or Services to the Buyer where any amounts are overdue under any contract with the Buyer until all such amounts have been paid in full. The Buyer shall not be entitled to withhold payment of any amount due to the Seller by reason of any set-off, counterclaim, abatement or analogous deduction.

3.2 Interest shall be payable on overdue accounts at a rate of 8% per annum over the base rate of Natwest Bank Plc from time to time from the due date for payment until receipt by the Seller of the full amount and shall accrue at such rate after as well as before any judgement.

3.3 Notwithstanding any purported contrary apportionment by the Buyer all payments made by the Buyer to the Seller shall be apportioned as the Seller in its absolute discretion sees fit.

4. Delivery of Software and/or Hardware

4.1 The Seller shall not be obliged to order the Third Party Software or Hardware from its relevant supplier until it has received payment in full therefore from the Buyer. Delivery or despatch dates mentioned in any quotation, order acceptance form or elsewhere are approximate only and the Seller shall not be under any liability to the Buyer in respect to any failure to deliver on any particular date, provided that delivery takes place within six weeks of the date scheduled for delivery and the Seller continues to use reasonable endeavours to deliver as soon as possible.

4.2 The place of delivery shall be at the Seller’s premises at Globe House 79 Hospital Street Nantwich Cheshire CW5 5RL unless otherwise stipulated or agreed by the Seller.

4.3 The Seller may, if requested by the Buyer, arrange for carriage of the Software and/or Hardware to the Buyer’s address. The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be due on the date for payment of the price. The carrier shall be deemed to be the agent of the Buyer.

4.4 If the Buyer refuses or fails to take delivery of Software or Hardware tendered in accordance with this Agreement or fails to take any action necessary on its part for delivery and/or shipment of the Software and without prejudice to any of the Seller's rights and remedies hereunder, the Seller shall be entitled to terminate this Agreement with immediate effect, to dispose of the Software and/or Hardware as the Seller may determine, and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, storage costs from the due date of delivery).

4.5 Section 32(2) of the Sale of Goods Act 1979 (as amended) shall not apply. The Seller shall not be required to give the Buyer the notice specified in section 32(2) of that Act.

4.6 The Buyer must inspect the Hardware and/or Software immediately upon receipt and must notify the Seller of any defects or shortages. The Buyer shall be deemed to have accepted the Software and/or Hardware 3 Working Days after delivery to the Buyer.

4.7 Subject to the provisions of Conditions 7.3 and 7.4 and Part II Clause 5, after acceptance the Buyer shall not be entitled to reject Software and/or Hardware which are not in accordance with the terms of this Agreement.

5. Property Rights

5.1 All Intellectual Property Rights of whatsoever nature in all computer programs, documentation and other materials developed by the Seller under or in connection with this Agreement (including any addition amendment enhancement or other change to an existing computer program) will vest in and will remain the absolute property of the Seller. All Intellectual Property Rights in any Third Party Software will remain vested in the relevant Licensor. Upon acceptance of any Software this Agreement will operate to grant a non-exclusive non-transferable licence to the Buyer to use the Software for its own business purposes in accordance with Part III, Schedule A.

5.2 Allocated IP addresses as specified in Part II Schedule A are for use for the duration of this Agreement and title remains with the Seller. The Buyer accepts that no rights whatsoever in such IP addressed are transferred and they shall revert to the Seller on terminations. The Seller shall be entitled, for commercial, operational and technical reasons or to comply with an obligation imposed to withdraw or change any IP address allocated to the Buyer provided that reasonable notice is given. Standard allocation is eight IP addresses, unless a detailed request for more is received in the form of a fully completed Network Policy Document.

5.3 Allocation of IP addresses is normally eight addresses unless extended by completion and submission by the Buyer to the Seller of the Seller’s Network Policy Document

6. Support

The Seller may provide support and maintenance Services in relation to the Software and/or Hardware as separately agreed in writing in Parts III –V.

7. Warranties and Liabilities

7.1 The Seller warrants that the Services referred to in Condition 6 shall be provided with reasonable care and skill.

7.2 The Seller warrants that software extensions and customisations which the Seller has agreed to prepare on behalf of the Buyer in accordance with Part III shall perform substantially in accordance with the relevant Specification for a period of 60 days from the date of delivery. The Seller's liability under this warranty shall be limited to using reasonable endeavours to remedy a breach free of charge as soon as reasonably possible on receiving written notice of the breach.

7.3 Where the Seller supplies Hardware or Third Party Software, to the extent that the Seller has received any warranties in respect of the Hardware or Third Party Software from the person from whom the Seller bought the Hardware or Third Party Software, the Seller will (in so far as it is able) pass the benefit of such warranties to the Buyer. Otherwise, the Seller does not provide any warranty and shall have no liability to the Buyer in respect of the Hardware or Third Party Software.

7.4 THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, WHICH ARE EXPRESSLY EXCLUDED SO FAR AS IS PERMITTED BY LAW.

7.5 THE SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY THE BUYER AS A RESULT OF FOLLOWING THE SELLER’S ADVICE REGARDING THE USE OF ANY FUNCTIONS OF THE SOFTWARE OR HARDWARE.

7.6 IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY FORM OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF TURNOVER, COSTS OR EXPENSES EVEN IF THE SAME WAS CONTEMPLATED BY THE PARTIES AT THE TIME THE CONTRACT WAS MADE.

7.7 SUBJECT TO CONDITION 7.8, IN NO EVENT SHALL THE SELLER’S CUMULATIVE LIABILITY HEREUNDER FROM ALL CAUSES OF ACTION OF ANY KIND WHETHER IN CONTRACT OR IN TORT EXCEED:

(A) IN THE CASE OF CAUSES OF ACTION RELATING TO THE SOFTWARE, 125% OF THE PRICE (EXCLUDING VAT) PAID IN FULL BY THE BUYER FOR THE SOFTWARE:

(B) IN THE CASE OF CAUSES OF ACTION RELATING TO THE HARDWARE, 125% OF THE PRICE (EXCLUDING VAT) PAID IN FULL FOR THE HARDWARE: AND

(C) IN THE CASE OF CAUSES OF ACTION RELATING TO THE SERVICES, 125% OF THE CHARGES (EXCLUDING VAT) PAID IN FULL BY THE BUYER FOR THE SERVICES IN ANY PRECEDING 12 MONTH PERIOD.

7.8 Nothing in these Conditions shall be constructed as limiting or excluding the Seller’s liability for death or personal injury caused by its or its employees' negligence.

7.8 The Buyer acknowledges and agrees that the allocation of risk contained in this Condition 7 is reflected in the price and is also a recognition of the fact that it is not within the Seller’s control how and for what purpose the Software and/or Hardware are used by the Buyer.

8. Risk

8.1 Risk for Software and/or Hardware shall pass on delivery.

8.2 From the time of delivery until property in the Hardware and the Media passes to the Buyer in accordance with Condition 9 the Buyer shall insure and keep insured the Media and the Hardware to the full re-instatement value against all normal insurable risks with fully comprehensive insurance cover to the reasonable satisfaction of the Seller with a reputable insurance office. Upon request, the Buyer shall use reasonable endeavours to have the Seller’s interest in the Media and the Hardware noted on the insurance policy. Until property in the Media and the Hardware passes to the Buyer, the Buyer shall hold the proceeds of any claim on such insurance policy on trust for the Seller and shall forthwith account to the Seller with such proceeds. Without prejudice to the other rights of the Seller if the Buyer fails to comply with any of the provisions of this Condition 8 all sums whatsoever owing by the Buyer to the Seller shall forthwith become due and payable.

9. Title

9.1 In spite of delivery having been made, property in the Media and/or Hardware shall not pass from the Seller until:

9.1.1 the Buyer shall have paid the price in full together with VAT and other applicable sales tax; and

9.1.2 such time as no other sums whatsoever shall be due from the Buyer to the Seller.

9.2 Until property in the Media and/or Hardware passes to the Buyer in accordance with Condition 9.1 the Buyer shall hold the Media and/or Hardware on a fiduciary basis as bailee for the Seller. The Buyer shall store the Media and/or Hardware (at no cost to the Seller) separately from all other Media and/or Hardware in its possession and marked in such a way that they are clearly identified as the Seller's property.

9.3 The Seller shall be able to recover the price (plus VAT and other applicable sales tax) notwithstanding the fact that property in the Media and/or Hardware has not passed from the Seller.

9.4 The Buyer shall not pledge or in any way charge by way of security for any indebtedness the Media and/or Hardware which are the property of the Seller. Without prejudice to the other rights or remedies of the Seller if the Buyer does so all sums whatsoever owing by the Buyer to the Seller shall forthwith become due and payable.

9.5 The Buyer shall not sell or agree to sell or otherwise dispose of the Media and/or Hardware nor will the Buyer grant any third party any rights or licence to use the Media and/or Hardware without the prior consent in writing of the Seller.

9.6 The Buyer agrees with the Seller that it will at all times repair the Media and/or Hardware and keep the Media and or Hardware in good and substantial repair and maintained to the satisfaction of the Seller.

9.7 Until such time as property in the Media and/or Hardware passes from the Seller the Buyer shall upon request deliver up the Media and/or Hardware to the Seller. If the Buyer fails to do so the Seller may enter (or after giving reasonable prior notice during the Buyer's absence may break and enter) upon any premises owned occupied or under the control of the Buyer where the Media and/or Hardware are situated and repossess the Media and/or Hardware.

9.8 For the avoidance of doubt, title to the Intellectual Property Rights in the Software shall at no time pass to the Buyer, but shall at all times remain vested in the Seller or the third party proprietor (as applicable).

10. Non-Solicitation

10.1 Neither the Seller nor the Buyer shall solicit in any way the services of or offer to employ any employee or sub-contractor of the other party (or any person who has been such an employee or sub-contractor during the previous year) who is or has been engaged carrying out the Buyer's or the Seller's obligations under this Agreement, nor shall either party actually employ or contract with such an employee or sub-contractor without the written consent of the other party, during the period commencing on the date on which Services subject to these Conditions are ordered by the Buyer and ending six months after the later of (a) the date on which such Services are completed and (b) the date on which such employee or sub-contractor ceases to be employed by or contracted to the Seller.

10.2 In the event that either party employs or uses the Services of any employee or sub-contractor (the “former employee”) as described above, it will pay forthwith to the other party without prejudice to any rights or remedies of the other party liquidated damages of an amount equal to the sum produced by the following formula:

(A-B) x C

Where:

A = the daily rate which the former employer could reasonably expect to charge a customer for the Services of the former employee and

B = the daily cost to the former employer of using the Services of the former employee: and

C = the number of Working Days on which the former employee is employed or sub-contracted to the new employer during the period to which Condition 10.1 applies

it being acknowledged that in view of recruitment difficulties and costs in the industry this sum is a reasonable and genuine pre-estimate of the loss caused to the former employer by such breach.

11. Assignment and Third Party Rights

11.1 None of the rights or obligations of the Buyer under these Conditions may be assigned, sub-licensed, sub-contracted, delegated or transferred in whole or in part without the prior written consent of the Seller.

11.2 Notwithstanding anything to the contrary contained in these Conditions or this Agreement, nothing in this Agreement shall confer any rights or benefits on any third parties who are not parties to this Agreement.

12. Lien

The Seller shall be entitled to a general lien on all Media, Hardware and Property owned by the Buyer in the Seller's possession (although the Buyer might have paid for the same in full) in satisfaction of the whole or part as the case may be of the unpaid price of any Software and/or Hardware sold and delivered to the Buyer under this or any other contract. The Seller shall be entitled to offset any sum or sums owing to it from the Buyer against any sum or sums owed to the Buyer by the Seller.

13. Term and Termination

13.1 Save as provided specifically elsewhere in these Conditions, all terms and obligations of the Seller and the Buyer shall remain in force indefinitely unless written notice to terminate is served by registered mail under the following Conditions:

§ One month’s notice by the Seller to the Buyer if the Buyer’s obligations as to amount and timing of payment have not been met.

§ One month’s notice by the Buyer to the Seller at any time following the expiry of twenty one days after date of written notification by the Buyer to the Seller of material defects in Products or failure substantially to perform all material elements of the Services which are under the control of the Seller to rectify and for which satisfactory arrangements to rectify have not been made.

§ Not less than three months notice by either party expiring on the Anniversary Date.

13.2 The Agreement may be terminated forthwith by the Seller or the Buyer on written notice by registered mail if the other is in breach of a fundamental term of the Agreement and in the event of a breach capable of being remedied fails to remedy the breach within 30 days of receipt of notice in writing to do so.

13.3 The Seller or Buyer may terminate the Agreement forthwith on written notice by registered mail if the other shall become insolvent or bankrupt, or make an arrangement with its creditors generally or go into liquidation (other than for the purpose of solvent reconstruction or amalgamation) or have a receiver appointed over the whole or part of its assets or an administration order made in respect of it.

13.4 Termination of the Agreement shall not prejudice any rights or remedies of either party against the other which have arisen on or before the date of termination.

13.5 Within seven days following the termination of the Agreement the Buyer shall cease to use in its business all Software licensed under the Agreement, remove all copies of such Software from its computers, return these and related documentation to the Buyer and certify in writing to the Seller that this has been done.

13.6 Termination of this Agreement can occur at our discretion in the event that you fail to make payment when it is due under the Agreement or any other Agreements made between the Buyer and the Seller.

14. Severability

If any part of the Agreement or these Conditions is held to be invalid, illegal or unenforceable in any respect whether in whole or in part then such part shall be severed from the remainder of the Conditions which will continue to be valid and enforceable to the fullest extent permitted by Law and such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the rest of these Conditions or the remainder of any part of the Condition affected.

15. Waiver

Failure by the Seller to exercise or delay in exercising any right or remedy under any contract subject to these Conditions shall not constitute a waiver of the right or any other rights or remedies and no single or partial exercise of any right or remedy shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

16. Governing Law and Jurisdiction

Any contract to which these Conditions apply shall be governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts.

17. Notices

Any notice required or permitted to be given by either party to the other under these Conditions or this Agreement shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this Condition to the party giving the notice.

18. Variation

No variation, modification or cancellation of these Conditions or any of them shall be binding on the Seller unless the same shall be in writing and shall be signed by an executive officer of the Seller.

19. Compliance with Laws

19.1 The Buyer represents and warrants to the Seller that it will at all times during the term of this Agreement comply with the provisions of the Data Protection Act 1998 and the Human Rights Act 1998.

19.2 The Buyer agrees to indemnify and hold harmless the Seller and its employees, officers, directors, shareholders, contractors and agents from any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses, arising out of or related to the Buyer's breach (or with regard to the defence thereof, alleged breach) of Condition 19.1

19.3 For the avoidance of doubt, the Buyer irrevocably agrees that the Seller shall have no obligation to advise the Buyer upon the content of or compliance with the Data Protection Act 1998 or the Human Rights Act 1998.

20. Entire Agreement

The Buyer acknowledges that in entering into this Agreement it has not relied on any warranty, representation, undertaking or agreement other than those contained or referred to in this Agreement. The Buyer waives any right or remedy it may have to claim damages or rescission for any misrepresentation in respect of any representation not contained in this Agreement or for breach of any warranty not contained in this Agreement and acknowledges that its only remedies against the Seller are for breach of contract provided always that nothing in this Condition 20 shall exclude or limit the Seller’s liability to the Buyer in respect of any fraudulent misrepresentations or warranty fraudulently given and upon which the Buyer can prove it has placed reliance. Subject to the foregoing, this Agreement and its Schedules and the documents referred to herein constitute the entire agreement and understanding between the parties with respect to all the matters which are referred to in this Agreement.

Part VI

Interpretation

1. Definitions

In this Agreement the following terms and expression shall have the following meanings:

"Agreement" means this Agreement, comprising all the Parts, the Schedules and the Conditions;

"Anniversary Date" means any anniversary of the date on which the Seller started to provide the Services or variation of those services;

"Associated Company" means the Buyers' holding company or ultimate holding company or any subsidiary of the Buyer or of any such holding company ("holding company" and "subsidiary" having the meanings given in section 736 and section 736A of the Companies Act 1985);

“C2 Computer Operations

Centre” means the Provider’s secure installation containing the Provider’s Environment;

"Client's Environment" means the Environment in which the Client installs, stores, runs and uses the Software;

"Client's Site" means the Buyer's premises for delivery of the Software or Hardware or performance of services (as applicable) as notified to the Seller from time to time;

"Conditions" means the Seller's standard terms and conditions, as set out in Part V;

"Environment" means the hardware, firmware and software on, under or with which the Software is installed, stored, run or used including the make, model and release of computer, CPU, RAM, operating system, software facilities, other software of whatever sort, processing speed, clock speed, network type speed and capacity, peripherals, peripheral drivers, monitors, disk drives, tape drives, communications software and printers;

"Equipment" means the equipment set out in Part I Schedule A;

"Hardware" means the hardware set out in Part I Schedule A;

"Initial Development" means the work set out in Part III Schedule A;

"Intellectual Property Rights" means the copyright, database rights and all other intellectual property rights and confidential information in the Specification, the Software the Program Documentation and all source codes and trade and service marks relating thereto;

"Licensor" means the proprietor of an item of Third Party Software;

"Media" means the media on which the software is stored at the time of delivery;

"Products" means all products provided by the Seller to the Buyer pursuant to this Agreement including without limitation the Equipment and the Hardware;

"Professional Services" means the services described in Part IV Clause 5;

"Program Documentation" means the instruction manuals, user guides and other documentation in respect of the Software;

"Project" means the work set out in Schedules to Parts I –IV of the Agreement;

“Provider’s Environment” means the Environment in which the Client installs, stores, runs and uses the Software;

"Public Holiday" means any day Monday to Friday on which the clearing banks in the City of London are not open for business;

"Services" means all services provided by the Seller to the Buyer pursuant to this Agreement including without limitation the Professional Services and the Standard Support Services;

"Software" means the software set out in Part I Schedule A and/or Part II Schedule A and/or Part III Schedule A and/or B;

"Specification" means the functionality and capability of the Software when running in the Required Environment;

"Standard Support Services" means the services described in Part V (excluding the services described in the Schedules to Part V);

"Support Anniversary Date" means any anniversary of the date on which the Seller started to provide the Standard Support Services;

"Third Party Software" means the Software set out in Part IV Schedule A and/or B;

"Working Day" means any day from Monday to Friday inclusive which is not Christmas Day, Good Friday or a statutory Bank Holiday

2. Reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted.

3. Words denoting the singular number only include the plural and vice versa.

4. Unless the context otherwise requires, reference to a Clause or Schedule is a reference to a Clause or Schedule of this Agreement. Reference in any Part of this Agreement to a Clause or a Schedule is to a Clause or a Schedule to that Part of the Agreement. Reference in any Schedule of this Agreement to a paragraph is to a paragraph of that Schedule.

5. The headings in this Agreement are inserted for convenience only and do not affect its construction.

6. Any reference to any of the parties hereunder includes their successors in title and assigns.

7. Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

8. Where the Buyer consists of two or more persons, such persons' liability under this Agreement shall be joint and several.

Acceptable Use Policy

To use C2 Internet products and services, you must comply with the provisions of this ACCEPTABLE USE POLICY ("AUP") at all times.

Please note that in this AUP, "we"/"us"/"our" denotes C2 Internet, a trading division of C2i plc, company number 03910154, registered office 79 Hospital Street, Nantwich, Cheshire, CW5 5RL, England, and "you"/"your" denotes you the customer.

General Information

This AUP applies to every C2 Internet product and service and your use of them. For some products and services there are particular points to which you must conform when you are using that product or service. Appendices A through F of this document give further guidance as to how this AUP is applied to specific Products and services.

It is your responsibility to ensure your compliance with all applicable provisions of this AUP. If you have any comments or queries, or there is any provision that you do not understand, please feel free to email any enquiry to us at abuse@c2internet.net.

You must not use your C2 Internet product/service for any illegal purpose. Your traffic over the Internet may traverse other networks, or use other services which are not owned or operated by C2 Internet. You must abide by the acceptable use policies and other terms and conditions imposed by the operators of those networks and services.

C2 Internet may, at its sole discretion, run manual or automatic systems to determine compliance with this AUP (e.g. scanning for open mail relays or smurf amplifiers). By accessing the Internet via C2 Internet services such as a leased line or Standard Dialup Account, you are deemed to have granted permission for this limited intrusion onto your networks or machines.

You are required to accept email addressed to "postmaster" at your address. For example, if you have the hostname "domain" or the domain "example.co.uk", then you should accept email addressed to postmaster@domain.com or postmaster@example.co.uk respectively. You will be deemed to have read any and all such postmaster-addressed email. C2 Internet may take action on the basis of this assumption.

Your usage of the Internet must conform to community standards.

It is not possible to codify exactly what constitutes "acceptable use" and "unacceptable use" or abuse of the Internet. These terms depend upon the many informal understandings which have arisen between the administrators, owners and operators of the computers and networks that together constitute the Internet, and of which C2 Internet is only one participant among many.

However, C2 Internet's relationship with other networks, and ultimately its connectivity to the rest of the Internet, depends largely upon proper behaviour by its customers. C2 Internet cannot tolerate any behaviour by customers which negatively impacts upon its own equipment or network, or upon the use by other customers of the Internet, or which damages C2 Internet's standing in the wider Internet community.

Therefore, it is important that when activity that might constitute abuse occurs, that C2 Internet takes appropriate action - if it did not, and such abuse was permitted to continue, C2 Internet would lose the confidence of the wider Internet community, which in turn would significantly impair C2 Internet's customers freedom to use the Internet.

This AUP and its day-to-day application by C2 Internet are a result of C2 Internet's consideration of both the formal and informal practices of the Internet community.

The Appendices to this AUP are intended to assist customers in understanding the types of issues that can arise and what C2 Internet will consider to be unacceptable behaviour that does not conform to community standards.

We will investigate suspected or alleged breaches of this AUP and in doing so we will endeavour to act reasonably and fairly at all times. If you are found to have breached this AUP or the Conditions of Use or Terms and Conditions that apply to your service, we reserve the right in our sole discretion to take whatever measures we deem appropriate and proportionate to the breach. These measures may include a formal warning, suspending or terminating one or more of your C2 Internet accounts, making an additional charge for our reasonable costs of investigating and dealing with the misuse, and/or blocking access to any relevant component(s) of our service to you. If we suspend your access then this suspension may be lifted, at C2 Internet's sole discretion, when the reason for suspension has been rectified and upon receipt of a formal written undertaking from you not to commit any future "abuse". All cases are, however, considered individually upon their merits.

Without limitation, you expressly authorise us to use your personal data and other account information in connection with any such investigation, including by disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome.

We have in place a procedure for handling your complaints about material stored and/or accessed via our service. If you wish to make such a complaint, please ensure that you make your complaint by email to abuse@c2internet.net. If you do not use this facility we cannot guarantee that your complaint will be dealt with promptly.

The appendices refer in some cases to external web sites. C2 Internet is not responsible for the content of these web sites.

If you need any further information regarding this AUP, then please contact us on:

email: abuse@c2internet.net Fax: 01270 615012

APPENDIX A: GENERAL INTERNET ACCESS:

For the complex network of networks which we call 'the Internet' to function correctly it is essential that all of those who connect to it do so in accordance with generally accepted standards.

Most customers of C2 Internet will be using commercial software which implements the technical aspects of connection for them, but there are some configuration issues, and some matters of simple politeness and common sense which everyone must take note of.

C2 Internet's relationship with other networks, and ultimately its connectivity to the rest of the Internet depends largely upon proper behaviour by its customers. C2 Internet cannot tolerate any behaviour by customers which negatively impacts upon its own equipment or network, or upon the use by other customers of the Internet, or which damages C2 Internet's standing in the wider community.

C2 Internet will therefore enforce appropriate sanctions against any of its customers who are responsible for serious abuse of the Internet. Such sanctions include, but are not limited to, a formal warning, suspension of one or more of the customer's services, suspension of all Internet access through C2 Internet or termination of the customer's account(s).

For the guidance of customers on what C2 Internet considers to be unacceptable, some general issues are addressed below. There are other AUPs which cover specific services offered by C2 Internet. You will find a complete set at: http://www.c2internet.net/aup/

Please note that C2 Internet is not responsible for the content of external sites which are referenced by this AUP.

1) You must not use your Internet connection for any illegal purpose.

You should be aware that some material is illegal to possess or transmit. You should also note that unauthorised access to computer systems can be an offence; although many machines connected to the Internet are placed there so that you may access them, it does not follow that you may access any computer you come across.

2) Your traffic over the Internet may traverse other networks, or use other services, which are not owned or operated by C2 Internet. You must abide by the AUPs and other terms and conditions imposed by the operators of those networks and services.

3) Whilst connected to the Internet your system must conform to all relevant IETF standards. The IETF (Internet Engineering Task Force) standards are a subset of the RFC (Request for Comments) collection and can be found at: http://www.faqs.org/rfcs/

4) You must not send packets onto the Internet which have forged addresses or which are deliberately constructed so as to adversely affect remote machines.

5) Your machine or network must not be configured in such a way that others can exploit it to disrupt the Internet.

This includes but is not limited to ensuring that your network cannot be exploited as a "smurf amplifier". Note that traffic from simple dialup accounts is already filtered by C2 Internet to prevent this. For more information about "smurf" attacks see:

http://users.quadrunner.com/chuegen/smurf.cgi

and

http://netscan.org/

6) You may not run "scanning" software which accesses remote machines or networks, except with the explicit permission of those remote machines or networks.

7) You must ensure that you do not further the sending of unsolicited bulk email or any other form of email or Usenet "abuse". This applies to both material which originates on your system and also third party material which passes through it.

8) You must not run an "open mail relay", viz a machine which accepts mail from unauthorised or unknown senders and forwards it onward to a destination outside of your machine or network. If your machine does relay mail, on an authorized basis, then it must record its passing through your system by means of an appropriate "received" line.

Users of "WinGate" should take special note that this software is capable of providing a wide range of relaying services. Default configurations can cause a problem, so that special care must be taken to configure it to prevent unauthorised use. More information is currently available at:

http://www.deerfield.com/wingate/secure-wingate.htm

and

http://www.cert.org/vul_notes/VN-98.03.WinGate.html

As an exception to the ban on relaying, you may run an "anonymous" relay service provided that you monitor it in such a way as to detect unauthorised or excessive use. However, you may not relay traffic from such an anonymous system via C2 Internet's servers, ie: you can only pass email from such a system to C2 Internet where this is the correct destination for final delivery.

9) All customers are required to accept email addressed to "postmaster" at their address (ie: postmaster@domain.com for the hostname "domain").

Customers will be deemed to have read any and all such email. C2 Internet may take action on the basis of this assumption.

10) C2 Internet, at its discretion, may run manual or automatic systems to determine compliance with this AUP (eg scanning for open mail relays or smurf amplifiers). Customers are deemed to have granted permission for this limited intrusion onto their networks or machines.

11) C2 Internet provides access to the Internet as part of a package of services. C2 Internet reserves the right to change this AUP for Internet Access at its sole discretion and without prior notice.

12) Any decision C2 Internet makes in relation to its services will be final on all matters.

Some material is illegal to possess or transmit. You should also be aware that unauthorised access to computer systems could be an offence. Although many machines are connected to the Internet for general access, it does not follow that you may access any computer system you come across. Whilst connected to the Internet your system must conform to all relevant IETF (Internet Engineering Task Force) standards.

The IETF standards are a subset of the RFC (Request for Comments) collection and can be found at:

http://www.faqs.org/rfcs/

You must not send information packets onto the Internet that have forged addresses or which are deliberately constructed so as to adversely affect remote machines.

You may not run "scanning" software which accesses remote machines or networks, except with the explicit permission of the operators of those remote machines or networks.

You must ensure that you do not further the sending of unsolicited bulk email or any other form of email or Usenet "abuse". This applies to both material that originates on your system and also third party material that may pass through it.

Your machine or network must not be configured in such a way that others can exploit it to disrupt the Internet. This includes but is not limited to ensuring that your network cannot be exploited as a "smurf amplifier". Note that traffic from simple dialup accounts is already filtered by C2 Internet to prevent this. For more information about "smurf" attacks see: Denial of Service Attack Information

You must not run an "open mail relay", that is, a machine which accepts mail from unauthorised or unknown senders and forwards it onward to a destination outside of your machine or network. If your machine performs relay mail on an authorised basis, then it must record this mail passing through your system by means of an appropriate "Received:" line.

Please note that users of "WinGate" should take special note that this software is capable of providing a wide range of relaying services. Default configurations can lead to unauthorised use, so that special care must be taken to configure it to prevent such use. More information is currently available at:

http://wingate.deerfield.com/helpdesk/version3/secure-wingate.cfm

and

www.cert.org/vul_notes/VN-98.03.WinGate.html

As an exception to the ban on relaying, you may run an "anonymous" relay service provided that you monitor it in such a way as to detect unauthorised or excessive use. However, you may not relay traffic from such an anonymous system via C2 Internet's servers, i.e.: you can only pass email from such a system to C2 Internet where this is the correct destination for final delivery.

APPENDIX B: EMAIL

Exchanging email with other Internet users is generally a matter of common sense and courtesy to others. The vast majority of C2 Internet customers will be able to use their own sense of what is appropriate to guide their behaviour when sending email and will have no problem in conforming to this AUP.

Regrettably, from time to time, some email is sent or actions taken which are considered to be unacceptable by the Internet community. This is usually described by the generic term of "abuse".

Much of what is deemed to be the proper use or the abuse of the email system cannot be found codified into a single set of documents, but is based on contracts and understandings that have arisen between the administrators and owners of those computers and networks which exchange email. This AUP and its day to day application is based on consideration of both the formal and informal practices of this community where C2 Internet is but one participant amongst many.

It is not always obvious whether such activity is innocent, inadvertent, or intentional. However, certain activities will result in action being taken by C2 Internet as described below.

It is most important that when abuse occurs C2 Internet takes appropriate action. If abuse was to continue unchecked C2 Internet could lose the confidence of the Internet community, which could significantly affect the ability of C2 Internet's customers to freely send and receive email.

C2 Internet provides email services as part of the package of Internet access services. C2 Internet reserves the right to change this AUP for email services at its sole discretion and without prior notice. Any decision made by C2 Internet in relation to this service will be final on all matters.

C2 Internet will enforce appropriate sanctions against any of its customers who are responsible for serious "abuse". Such sanctions may include, but are not limited to, a formal warning, suspension of email access through C2 Internet's machines, suspension of access to the Internet through C2 Internet, or termination of the customer's account(s).

If a suspension of access is imposed, then this may be lifted, at C2 Internet's discretion, upon receipt of a formal written undertaking not to commit any future "abuse". All cases are, however, considered individually upon their merits. There are many forms of email abuse. This appendix discusses the more common forms in an informal manner, but is by no means an exhaustive list

It is usual to describe "abuse" as being abuse of Internet facilities, rather than vulgar abuse sent via the Internet. To qualify as "abuse", an act must significantly interfere with the use of the network by an individual or group of individuals in some specific way, for example by consuming resources or wasting others time. The term "abuse" also includes activities that are illegal or dishonest.

Generalities aside, due to the practical problems caused by "spamming" C2 Internet wishes to make it clear that it considers the sending of bulk unsolicited email, of any kind, to be unacceptable behaviour. C2 Internet will always act when such behaviour is brought to its notice. Education, in the form of an email warning, can be the most appropriate response to a first offence, since customers can be unaware of contemporary standards. However, it is C2 Internet's policy to terminate the accounts of any customer who continues to send bulk unsolicited email.

Chain letters, "make money fast" and other ponzi pyramid-selling schemes These articles are similar to paper versions, where you add your name at the end of a list and send the message to lots of your friends. The person at the head of the list is typically sent some small amount of money and hopes to become rich. Simple mathematics shows why they do not work in theory, and a little thought about human nature will show you why they do not work in practice either.

These schemes, even where they offer no financial or material reward are unacceptable abuse. They waste resources for Internet service providers and for the users who download them. If they do involve money they are also illegal in many countries - despite common claims to the contrary within their text.

Unsolicited Commercial Email (UCE) Unsolicited Commercial Email is advertising material sent and received by email without the recipient either requesting such information or otherwise explicitly expressing an interest in the material advertised.

Since many Internet users use a dial-up connection and pay for their online time, it costs them money to receive email. Receipt of unsolicited commercial advertising therefore costs them money and is often therefore particularly unwelcome.

It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, or by visiting a web site, unless of course they have made a specific request for information to be emailed to them.

Unsolicited Bulk Email (UBE) UBE is similar to the above UCE but is not attempting to sell anything.

Forged Headers and / or Addresses Forging headers or messages means sending email such that its origin appears to be another user or machine, or a non-existent machine.

It is also forgery to arrange for any replies to the email to be sent to some other user or machine.

However, in either case, if prior permission has been granted to you by the other user or the administrators of the other machine, then there is no problem, and of course "null" reverse paths can be used as defined in the relevant email standards.

Mail Bombing Mail bombing is the sending of multiple emails, or one large email, with the sole intent of annoying and / or seeking revenge on a fellow Internet user. It is wasteful of shared Internet resource as well as serving no value to the recipient.

Due to the time taken to download it, sending a long email to sites without prior agreement can amount to denial of service, or denial of access to email at the receiving site. Note that adding binary attachments to email may increase its size considerably. If prior arrangement has not been made, the email may be extremely unwelcome.

Denial of Service Attacks Denial of Service is any activity designed to prevent a specific host on the Internet making full and effective use of its facilities. This includes, but is not limited to:

Mail bombing an address in such a way to make their Internet access impossible, difficult, or costly. Opening an excessive number of email connections to the same host. Intentionally sending email designed to damage the receiver's systems when interpreted; for example, sending malicious programs or viruses attached to an email. sing a smarthost or email relay without authorisation to do so.

Mailing List Subscriptions Mailing lists are schemes for distributing copies of the same email to many different people. It is not acceptable to subscribe anyone, other than a user on your own host, to any mailing list or similar service, unless their explicit permission has been given.

List owners are encouraged to confirm all subscription requests by requesting confirmation from the apparent subscriber before starting to send any list email. They must ensure that unsubscribe requests are handled efficiently. Good emailing list software is available that will automate both these processes.

Many reports of unsolicited bulk email turn out to be from people who were unaware that they had joined a mailing list. It is not acceptable to subscribe people to a list merely because they have visited your web site or used one of your products; the person must make an explicit request to be listed.

However, some reports occur because people have genuinely forgotten that they had made such a request. If you run a mailing list you are strongly advised to keep copies of administrative requests (web logs, or emails including headers) so that you may demonstrate that subscription requests were genuine.

Illegal Content Various Acts of Parliament make it illegal to possess or transmit certain material on a public telecommunications network, such as the telephone system. It is not acceptable to send such material by email.

Breach of Copyright or Intellectual Property If you send copyright material or other intellectual property via email you must have permission to do so from the owner of that intellectual property.

APPENDIX C: USENET (sometimes called "news")

Participating successfully in the various newsgroups that make up the Usenet news system is generally a matter of common sense and courtesy to others. The vast majority of C2 Internet customers use their own sense of what is appropriate to guide their behaviour and will have no problem in conforming to this AUP.

Regrettably, from time to time, some articles are posted which are considered to be unacceptable by the Usenet community. This is usually described by the generic term of "abuse".

Much of what is deemed to be the proper use or the abuse of Usenet cannot be found codified into a single set of documents, but is based on the many informal understandings that have arisen between the administrators and owners of those computers which exchange Usenet articles. This AUP and its day to day application is based on consideration of both the formal and informal practices of this Usenet community where C2 Internet is but one participant amongst many.

It is not always obvious whether abuse is innocent, inadvertent or intentional. Regardless of this, if C2 Internet considers that "abusive" articles have been posted it is important for the protection of other Internet users that C2 Internet takes firm action to prevent any recurrence.

If such articles were to continue to be posted unchecked, then the Usenet community could lose confidence that C2 Internet will take appropriate sanctions. This could impact newsfeed peering arrangements and significantly affect the number of newsgroups and articles which C2 Internet can offer to its customers.

Thus, C2 Internet will not tolerate any action by its customers which could jeopardise its position within the Usenet community and C2 Internet will enforce appropriate sanctions against any of its customers who are responsible for serious abuse of Usenet. Such sanctions include, but are not limited to, a formal warning, suspension of Usenet access through C2 Internet's machines, suspension of access to the Internet, or termination of the customer's account(s).

If a suspension of access is imposed, then this may be lifted, at C2 Internet's sole discretion, upon receipt of a formal written undertaking by the relevant customer not to post any further abusive articles. All cases are, however, considered individually by C2 Internet upon their merits.

C2 Internet provides access to Usenet as part of the package of Internet Access services. C2 Internet reserves the right to change this Usenet AUP at its sole discretion and without prior notice. Any decision made by C2 Internet in relation to this service shall be final on all matters.

There are many forms of Usenet abuse. This appendix discusses the more common forms in an informal manner, but is by no means an exhaustive list.

Chain Letters, "Make Money Fast" and other Ponzi Pyramid-Selling Schemes These articles are similar to paper versions, where you add your name at the end of a list and send the message to lots of your friends. The person at the head of the list is typically sent some small amount of money and hopes to become rich. Simple mathematics shows why they do not work in theory, and a little thought about human nature will show you why they do not work in practice either.

These schemes, even where they offer no financial or material reward are unacceptable abuse. They waste resources for Internet service providers and for the users who download them. If they do involve money they are also illegal in many countries despite common claims to the contrary within their text.

C2 Internet will immediately suspend a customer's Usenet access for this type of abuse, even if a single such article is posted.

Excessive posting Excessive posting, commonly referred to as "spamming", means the posting of lots of substantively similar news articles, usually to a large number of newsgroups.

It is irrelevant whether the articles can be considered "on-topic" within the newsgroups or not. The problem caused by spamming is that Usenet resources are needed to store the articles and the cost to readers of the newsgroups to download duplicates of the same message.

The Usenet community determines whether an article has been duplicated too often using the Breidbart Index (BI). This index measures the breadth of any multi-posting, cross-posting, or combinations of the two by calculating the sum of the square roots of the number of newsgroups each article was posted to. If that number reaches 20, then the postings are extremely likely to be cancelled by automatic systems that detect this type of abuse.

Binary articles in Non-Binary Newsgroups Binary articles contain information that is in a form not directly readable by humans, usually in "base64" or "UUENCODE" sections. These are usually "attachments" of images; executable files, sounds, or proprietary format documents such as Microsoft Word or Excel. Even if the attachment within the article was originally simple text or a web page (HTML), if it has been encoded before posting it is still considered to be a "binary".

Articles posted to "non-binary" newsgroups should contain only simple text that is immediately readable without special tools. The size of any encoded section is irrelevant, the fact it is encoded is what makes it unacceptable. The only exception allowed to this blanket ban is the use of cryptographic authentication signatures, such as PGP.

Binaries are only allowed in special binary newsgroups because this allows them to be specially handled by the "newsmasters" who run Usenet's servers. The size of binaries, in particular, means that many systems will not wish to use their bandwidth to receive them, or will expire articles more quickly to prevent them from using excessive space.

In order to make things straightforward for newsmasters the binary newsgroups are all grouped together into hierarchies. Almost all binary newsgroups are to be found in alt.binaries.*, alt.sex.pictures and comp.binaries.* hierarchies.

There are also a small number of local binary hierarchies such as de.alt.binaries.*, as well as a handful of newsgroups with special rules for particular types of binaries such as rec.games.bolo. This handful of groups is specially treated because they have gone through recognised processes to gain their limited exemptions. You should not assume that binaries are acceptable in other groups because "everyone posts them" or "nobody objects". In particular you should note that binaries are not acceptable in any alt.fan.*, uk.* or demon.* newsgroup.

Ensuring that binary articles only appear in binary newsgroups is not just a matter of convenience for the newsmasters but is also important for individual Usenet readers. The appearance of a binary in a text-only newsgroup is usually extremely unwelcome. Besides the size of the article, which will take extra time to download, special tools will be needed to decode and handle the contents.

Forged Headers There are several types of unacceptable behaviour involving the forgery of article headers or article addresses.

It is abuse to post articles with headers that would mislead recipients into believing that some other system or user had created the articles. C2 Internet's systems will add header lines to try and foil such forgery, but articles will still be treated as abuse even if C2 Internet actions make the attempted forgery apparent.

It is abuse to post articles with headers which would cause responses to these articles, solicited or otherwise, to be delivered to unwilling third parties, or to inappropriate or unreasonable newsgroups. In particular, it is abuse to arrange for email replies to be delivered to an email address that you do not have permission to use.

Illegal content Some material is illegal to possess or is made illegal to transmit by various Acts of Parliament dealing with material sent over a public telecommunications network such as the telephone system that C2 Internet uses to provide its services.

It is abuse to post illegal material to Usenet. If you post copyright material or other intellectual property to Usenet you must have permission to do so. In particular it can be illegal to publish 'hacks' or 'cracks' of software products.

Objectionable content Usenet is a robust medium that is intended for use by adults. C2 Internet's customers may post articles that offend or annoy other users. These may contain foul language or controversial viewpoints.

C2 Internet does not consider this sort of article to be "abuse" and actionable under the Usenet AUP.

This is because the Internet community does not generally consider it appropriate for content-based decisions to be made by anyone except by an individual on their own behalf. Therefore, if you are offended by articles made by a C2 Internet customer then you should arrange not to read them in the future, by using facilities provided within your newsreading software such as "killfiles".

However, none of the above is to be taken as any suggestion that you may publish material that is prohibited under local obscenity or indecency laws. For example, it is a criminal offence to even possess child pornography in the U.K. and other content may give rise to civil actions. C2 Internet does not condone the presence of this type of content anywhere on the Internet.

APPENDIX D: CUSTOMER WEBPAGES

This Appendix is applicable to all web-hosting services provided by C2 Internet. There are some further Appendices applicable to particular services below.

You are responsible in all respects for the content of your web site and must ensure that no applicable law is violated.

You must obtain any necessary legal permission for any works that your web site may include.

You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your web site.

C2 Internet reserves the right to remove any material from a web site at our sole discretion, without prior notice and without explanation.

A web site may not be used to offer, advertise or distribute any of the following types of material:

software for sending 'spam' (bulk emails, excessive news postings, etc.); illegal material lists of email addresses, except where all the owners of the addresses have given you explicit permission; any collection of personal data other than in accordance with the Data Protection Acts 1984 and 1998.

You must comply with the Data Protection Acts 1984 and 1998 (and any amendments or re-enactments of them) regarding all information received, stored or communicated through the use of your web site.

If your web site contains material that may cause general offence, a clearly readable warning page must be shown before any such offensive material is displayed.

To avoid doubt, this means that your top-level web page (usually index.htm or index.html) must not contain any adult material or other material that may generally offend. Where part of a web site forms an independent area that is not linked to by a topmost page, it will be considered as a site in its own right when considering whether appropriate warnings are present. Warnings are also required where the material is referenced directly from a web site, with no intervening pages, or where the use of frames makes the material appear to be part of a web site.

All of the web pages on a web site are considered to be publicly visible and may be downloaded by any person, whether or not they are linked from any central contents or home page. However, specific mechanisms are available as part of some services to prevent unauthorised access. Pages protected in such a manner will not be considered to be public.

Web sites may not be advertised by you, or by another person, using techniques that would be classified as "abuse" if they were carried out from a C2 Internet account including, but not limited to, bulk emailing and excessive news posting. Such action will be treated under the C2 Internet AUP as if it had been done from the C2 Internet account.

Web sites must display a valid, up-to-date email contact address for the person responsible for the site. The use of the generic address of "webmaster" is acceptable for this purpose. This address must appear on the top-level page or be easily locatable from the top-level page.

APPENDIX E: SHARED HOSTING SERVICE

Appendix D, above, sets out guidance for the use of all web-hosting services. This Appendix gives further guidance about the use of the "Shared Hosting" service.

The Shared Hosting service is a web site hosting service provided as part of other services. Termination or suspension of that other service will automatically result in termination or suspension of the corresponding Shared Hosting service.

By uploading to the Shared Hosting host, you will be deemed to have agreed to and accepted the ACCEPTABLE USE POLICY, Conditions of Use and Technical Restrictions of the Shared Hosting service. You are required to accept email addressed to "webmaster" at your address. For example, if you have the hostname "domain" then you should accept email addressed to webmaster@domain.com. You will be deemed to have read any and all such webmaster-addressed email. C2 Internet may take action on the basis of this assumption.

You must maintain an index page called "index.htm" or "index.html" in the root directory of your Shared Hosting space.

Commercial use of your Shared Hosting space is permitted. This is an explicit exemption to the general Conditions of Use referring to selling on or sharing use of the service.

The Conditions of Use for the Standard Dial-Up account relating to disclosure of your passwords apply. Specifically your passwords are your responsibility and must not be disclosed to any third party. You must not cause your pages to be accessed by any means other than in the form "www.domain.com" (for the hostname "domain") nor register your web pages anywhere using any form of URL except in the form beginning: http://www.domain.com/

Specifically, you must not reference or cause your Shared Hosting to be referenced by dotted IP address (e.g. [213.170.128.254]).

Should the automated enforcement of any Condition of Use or Technical Restriction fail to operate for any reason, C2 Internet reserves the right to remove files from your site to apply the requirement or to require you to immediately correct the situation.

C2 Internet will require sites that are considered to show excessive use to be modified or be moved to a different server.

C2 Internet reserves the right to make a charge for any assessment of suspended sites.

C2 Internet reserves the right to vary the definition of 'excessive use' at their sole discretion at any time without prior notice.

Support from the helpdesk is only available for uploading, downloading and viewing pages. No support will be given for HTML authoring or page design.

You will be responsible for retaining copies of your own data. C2 Internet will not keep backups of your pages.

C2 Internet accepts no responsibility for loss of data, information in any form or other matters whatsoever that result from the use of this service.

C2 Internet shall not be held liable for any loss however occasioned as a result of the suspension, removal or unavailability of a Shared Hosting site or material stored within it.

Credit Control Policy

The following policy will be applied without prejudice in respect of monies owed to C2 Internet. C2 Internet reserve the right to apply this policy at their discretion and vary its details in the future. We draw you attention to section 7 Warranties and Liabilities.

• All Invoices are on thirty days terms from the date of invoice

• If an invoice remains un-paid after forty-five days services will be withdrawn.

• If an invoice remains un-paid after sixty days legal action will commence.

Additionally I would also like to draw your attention to the recent EC Directive on Late Payment, which came into effect in the UK on 8 August 2002. You can find detail about the directive here:

http://www.payontime.co.uk/news/ec_directive_managers.html