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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.
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/
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.
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.
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
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