17 WHITE HORSE YARD, WHITBY
terms & Conditions
By using and/or activating service with us you
agree to be bound by this agreement. If
you do not agree to the terms of the agreement, do not use the service.
Extent of the
a) All services
are provided on an “as is” basis. We do
not warrant that the service is fault free or fit for any particular purpose,
or that our system is secure. You assume
all responsibility and risk for use of the service.
b) Save for the
purposes of network diagnostics we do not examine the use to which you put the
Service or the nature of the information you send or receive.
c) We will always
try to make the service available, but it may be interrupted, limited or
curtailed due to maintenance and repair work, transmission or equipment
d) We reserve the
right at all times to withdraw the Services, change the specifications or
manner of use of the Service, to change access codes, usernames, passwords or
other security information necessary to access the service.
3. Use of the Service
a) You must not
use the Service to access Internet Services, or send or receive e-mails, which:
defamatory, threatening, intimidatory or which could be classed as harassment;
obscene, profane or abusive language or material.
b) Civil and
criminal liability can arise from monitoring content or interception of e-mails
and extreme care should be taken to ensure that this does not happen.
pornographic material (that is text, pictures, films, video clips of a sexually
explicit or arousing nature);
offensive or derogatory images regarding sex, race, religion, colour, origin,
age, physical or mental disability, medical condition or sexual orientation;
material which infringe third party’s rights (including intellectual property
iv) in our
reasonable opinion may adversely affect the manner in which we carry out our
business or are otherwise unlawful or inappropriate.
c) Music, video,
pictures, text and other content on the internet are copyright works and you
should not download, alter, e-mail or otherwise use such content unless certain
that the owner of such works has authorised its use by you.
d) We may
terminate or temporarily suspend the Service if we reasonably believe that you
are in breach of any provisions of this agreement including but not limited to
clauses 2a to 2c above.
e) We recommend
that you do not use the service to transmit or receive any confidential
information or data and should you choose to do so you do so at your own risk.
f) The Service is
intended for consumer use only. In the
event that you sue the Service for commercial purposes we would specifically
refer you to clause 5b below.
4. Child Supervision
a) We are
concerned about the safety and privacy of our users, particularly
children. Parents who wish to allow
their children access to and use of the Website/Services should supervise such
access and use. By allowing your child
access to the Services you are allowing your child access to all of the
Services, including e-mail, bulletin boards, chat areas, news groups, forum
and/or other message or communication facilities. It is therefore your responsibility to
determine which Services are appropriate for your child. Always use caution when revealing personally
identifiable information about yourself or your children via any of the
5. Unlawful Activity
a) You must not
use the Service to engage in any activity which constitutes or is capable of
constituting a criminal offence, either in the United Kingdom or in any state
throughout the world.
b) You agree and
acknowledge that we may be required to provide assistance and information to
law enforcement, governmental agencies and other authorities.
c) You agree and
acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of
any devices which access the Service, the times when they have accessed the
Service and the activity associated with that IP address.
d) You further
agree we are entitled to co-operate with law enforcement authorities and
rights-holders in the investigation of any suspected or alleged illegal
activity by you which may include, but is not limited to, disclosure of such
information as we have (whether pursuant to clause 3c or otherwise), and are
entitled to provide by law, to law enforcement authorities or rights-holders.
6. Other Terms and Conditions
a) You agree to
compensate us fully for any claims or legal action made or threatened against
us by someone else because you have used the service in breach of these terms
and conditions, and in particular clause 3a to 3d and 5a above.
b) Whilst we do
not seek to limit our responsibility for fraudulent misrepresentation or if you
are injured or die as a result of our negligence we have no responsibility (to
the extent permitted by law) to compensate you (whether or not we are
negligent) for any direct financial loss, loss of profit, revenue, time,
anticipated savings or profit or revenue, opportunity, data, use business,
wasted expenditure, business interruption, loss arising from disclosure of
confidential information, loss arising from or in connection with use of the
service or inability to sue or access the service or a failure, suspension or
withdrawal of all or part of the service at any time or damage to physical
property or for any other similar direct loss that may arise in relation to
this agreement whether or not we were advised in advance of the possibility of
such loss or damage.
c) This agreement
is governed by the law of England.
If you have any concerns or require any more information please do not hesitate
to contact us.