BY LOGGING ON TO ACCESS FREE INTERNET SERVICES TO ACCESS THE INTERNET YOU WILL BE
DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE
FOREGOING TERMS AND CONDITIONS OF USE.
1. Internet Services
1.1 Shipley Conservative Club Limited (“we” / “our” / “us”) provides you
with access to the internet comprising of a wireless service in the Club. By
accessing the service you are agreeing to obey the terms and conditions listed
below (the “Terms”). If you do not agree to the terms, please do not access the
service.
2. Fair Use:
2.1 We would like to ensure that all of our Members and guests have an
enjoyable internet experience whilst with us. We have therefore implemented a
‘fair use’ policy to ensure that we can continue to provide a fast and reliable
service.
2.2 We may monitor the performance of our network and the use of it by our
Members and guests. If we notice that a Member or guest is using it in excess
of what is expected from reasonable normal use and where such excessive use is
affecting other Members and guests,
particularly during busy times, we may restrict usage. If you do not use file
sharing software or download large files from the internet then you should not
be affected by our fair use policy. However, if it becomes clear that heavy
downloading, peer-to-peer networking, or excessive streaming (i.e. more than
simply streaming programme content from websites such as BBC iPlayer, 4 On
Demand, or itv.com) is taking place then we may contact you to ask you to reduce
your use to allow our other Members and guests to share the system fairly. If
you continue to do so, or if you persistently exceed normal use to the extent
that it affects our network and other user’s enjoyment of the service, then we
reserve the right to restrict or deny you access to the network.
3. Our Obligations to You:
3.1 We will use our reasonable endeavors to ensure that you are provided
with free, uninterrupted service 24 hours a day. We will not be liable however,
for any reason if the service is not available at any time for any period, nor
for any loss of data or damage to the equipment you suffer as a result of using
our service. We may suspend access at any time and for any reason, including
routine or emergency maintenance of the servers. For this reason we strongly
recommend that you regularly save any work you are doing whilst using the
service.
4. Your Obligation to Us:
4.1 The service we provide is intended to be used for general purposes,
including accessing the World Wide Web, email, messaging services and chat
rooms. You undertake to us that you will use the services responsibly and that
you will behave in a lawful, honest and proper manner when accessing the
services. Without prejudice to any other provision of this agreement, we may terminate
your use of the service at any time without notice if we become aware of any
behavior that has a negative effect on our equipment or network or the use by
other customers of our equipment or network or the internet in general, or
which damages, or has the potential to damage, our reputation.
4.2 Without prejudice to the generality of paragraph 4.1 above, you may not:
use the service for any illegal purpose (including but not limited to breaching
any intellectual property or computer misuse legislation and downloading or
uploading any illegal material); send any unsolicited commercial email (or
“spam”) or any activity relating to it; carry out any “hacking” activities such
as attempting to access systems without authorization or carry out denial of service
attacks.
5. Data Protection
5.1 You may be required to provide us with certain personal information.
We will use such personal information in accordance with relevant data
protection legislation. You warrant and undertake to us that all of the personal
information you provide us with is complete and accurate. We will not disclose
any personal information which is provided by you during the provision of such
services to you to any third party without your permission, other than
1. To any subcontractors or agents engaged by us to provide any support or
administration, facilities management or similar services (subject to the
subcontractors and /or agents undertaking to keep such personal information
confidential
2. To any company or organisation to which we transfer our responsibilities to
provide these services and products to you or
3. Where required by law or made in connection with legal or regulatory
proceedings
5.2 We may log traffic data to assist us with the implementation of our terms
and conditions and our fair use policy, although it is our policy to respect
your privacy.
6. Breach of Agreement
We shall investigate any suspect breach of the agreement by you, and
reserve the right to take such action as we, in our sole discretion, deem appropriate,
including suspension or withdrawal of the service with immediate effect and
without notice to you.
7. Disclaimer
7.1 You
acknowledge that use of the service is entirely at your own risk.
7.2 The service is provided on an “as-available” basis, and to the fullest
extent permitted by law we hereby exclude all and any warranties or conditions
of any kind, whether express or implied, in respect of the service and the
content or data obtained or downloaded from it.
7.3 Without prejudice to the foregoing generality we do not warrant that the
service will be uninterrupted, timely, and secure of error free at all times or
will meet your requirements; and we are not responsible for security,
integrity, accuracy, suitability or completeness of any information that you
transmit or receive while using the service.
7.4 The disclaimer within this paragraph 7 does not affect your statutory
rights as a consumer.
8. Liability
8.1 Nothing in this agreement serves to exclude or limit our liability
for death or personal injury cause by our negligence.
8.2 Subject to paragraph 8.1 we shall not be liable to you in contract, tort or
otherwise arising in connection with this agreement for any economic losses
(including, without limitation, loss of revenue, profits, contracts, business
or anticipated savings), any loss of goodwill or reputation, any special,
indirect or consequential losses or any destruction or loss of data.
8.3 If any part of the service is not available to you through no fault on our
part or where the failure, suspension or withdrawal of the service is beyond
our reasonable control, we shall not be obliged to pay any compensation to you.
8.4 You will indemnify us against all and any losses or claims arising from any
breach of the agreement by you, and against any claims or legal proceedings
arising from your use of the services which are brought or threatened against
us by another person.
9. General
9.1 We
reserve the right to amend these terms and conditions at any time.
9.2 You acknowledge and agree that all intellectual property rights (including,
but not limited to, copyrights (including rights in software), trademarks,
database rights, patents and inventions) in and relating to the service are
owned by us and our licensors or contractors. Nothing in this agreement
operates to transfer any such intellectual property rights to you.
9.3 We reserve the right to assign or sub-contract any of our rights and
obligations under this agreement without notice to you.
9.4 If any provision of this agreement is found to be unenforceable by a court
of competent jurisdiction, the other provisions shall nevertheless remain in
full force and effect.
9.5 This agreement is governed by the laws of England and the parties hereto
submit to the non-exclusive jurisdiction of the English courts.
BY LOGGING ON TO ACCESS FREE INTERNET SERVICES TO ACCESS THE INTERNET YOU WILL BE
DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE
FOREGOING TERMS AND CONDITIONS OF USE.