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Hull24
LIVE: Thursday December 04 2008
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SUBSCRIBER AGREEMENT These Terms and Conditions constitute an agreement between you and Giacom World Networks Limited for use of the Hull24 Internet Service. For clarification, Hull24 is a service by Giacom World Networks Limited. These Terms and Conditions apply to the use by you of the Giacom World Networks Limited on-line information, communication and other services provided by Giacom World Networks Limited (the "Internet Services"), the different payment and connectivity options (the "Access Options"), and access to information and services provided by third parties (the "Third Party Service(s)") and the use of the software program(s) (the "Software") and any associated documentation which may be included in the delivery (the "Accompanying Material") that you, the end user, are now taking into use. The Internet Services allow you access to the Internet and your use of the Internet is at your own risk and is subject to any applicable laws. Giacom World Networks Limited does not accept responsibility for Third Party Services obtained by you when using the Internet. You should read these terms carefully. By completing the registration request and by using the Internet, you agree to be bound by these Terms and Conditions. 1. IMPORTANT POINTS FOR YOU TO NOTE: You may have rights of termination and so has Giacom World Networks Limited: 1.1 UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000 YOU MAY HAVE THE RIGHT TO A 7 DAY 'COOLING OFF PERIOD' WITHIN WHICH YOU CAN CANCEL THIS AGREEMENT. HOWEVER, YOU ACKNOWLEDGE THAT YOU WISH TO BE ABLE TO CONNECT TO THE INTERNET AS SOON AS IS REASONABLY POSSIBLE AND AS SUCH YOU WAIVE ANY SUCH RIGHT TO THE 7 DAY 'COOLING OFF PERIOD' AND YOUR ABILITY TO CANCEL THIS AGREEMENT DURING THAT PERIOD. 1.2 Giacom World Networks Limited reserves the right to terminate or vary this agreement. In most cases, Giacom World Networks will endeavor to keep you notified in such an event by giving written notice of such variation or termination. An Email will constitute written notice. You may contact Giacom World Networks Limited at e-mail address: info@giacom. 1.3 Giacom World Networks Limited may, in addition to any other remedies it may have, at its sole discretion and without notice terminate or suspend performance of the Internet Service(s) and your access to and use of the Internet Service(s). 1.4 Giacom World Networks Limited can terminate this agreement upon immediate notice at any time, if you fail to pay any of your bills, provide Giacom World Networks Limited with false information or breach any of this agreement. 2. THE INTERNET SERVICE(S): 2.1 Giacom World Networks Limited cannot guarantee that the Internet Service(s) will be performed entirely without fault but it will endeavour to correct reported faults as soon as is reasonably practicable. If a fault occurs you should report the fault to the Technical Help Desk by telephone or email to support@giacom.net 2.2 Giacom World Networks Limited may temporarily suspend the whole or any part of the Internet Service(s) for any reason at its sole discretion. Giacom World Networks Limited will restore the Internet Service(s) as soon as reasonably possible after any such temporary suspension. Giacom World Networks Limited may vary the technical specification of the Internet Service(s) from time to time. 3. USE OF THE INTERNET SERVICE(S): 3.1 You agree not to publish on or over the Internet Service(s) any information, software or other content which violates or infringes upon the rights of any others or engage in any activity which would be offensive, abusive, indecent, defamatory, obscene or otherwise unlawful, or offensive to an average person, or which, without the approval of Giacom World Networks Limited, contains any illegal or offensive advertising, promotion or solicitation of products or services for commercial purposes. 3.2 Giacom World Networks Limited does not engage in the active screening of on-line material but will be entitled, but shall not be obliged to, edit or delete any information, software or such other content which you or any of your Designated Users (as defined below) may place on-line at any time, at Giacom World Networks Limited's sole discretion. 3.3 You are solely responsible for evaluating the accuracy and completeness of any content, which may appear on-line, and the value and integrity of any products and services offered by third parties. 3.4 You are responsible for providing a suitable PC, modem and any other items of hardware or communications equipment necessary to enable you to access the Internet Service(s). 3.5 This agreement does not include the provision of telecommunication services necessary for connection to the Internet Service(s) and you are responsible for the provision of such telecommunication services. The Internet Service(s) is intended and marketed with the intention that you connect from within the Kingston Communications telephone network using the unmetered local call plan. You are responsible for the payment of telecommunication services to Kingston Communications for the calls required to connect to the Internet Service(s). Should you connect to the Internet Service(s) from another telephone network, or using another Kingston Communications call plan, it is your responsibility to pay these call costs, metered or unmetered. 3.6 Giacom World Networks Limited reserves the right to change the dial up number and/or the telecommunications provider for these Services. Please note that these changes may affect your ability to access the Internet Service(s) in the marketed way. 4. REGISTRATION FOR THE INTERNET SERVICE(S): 4.1 In order to register for the Internet Service(s), set up an account and to designate authorised users of your account (hereinafter "Designated Users") you must be, and you represent and warrant that you are, at least 18 years of age. You are responsible for ensuring that no unauthorised access is obtained to the Internet Service(s) or other Third Party Service(s) through your account. 4.2 You will be entirely liable for all activities conducted and charges incurred through your account whether by you or any of your Designated Users. You will be responsible for all use of the Internet Service(s)or other Third Party Service(s) accessed through your own or your Designated Users' password(s) as defined below. You acknowledge that you are aware that areas accessible on or through the Internet Service(s) may contain material that is unsuitable for persons under eighteen (18) years of age and you agree to supervise usage of the Internet Service(s) by minors whom you may permit to use the Internet Service(s) or other Third Party Service(s). 4.3 You will be required to complete the registration documentation on-line and to create a password ("Passwords"). You will select your own Passwords and those for any Designated Users. You are responsible for the security and proper use of all these Passwords and must take all necessary steps to ensure that all these Passwords are kept confidential and used properly and not disclosed to unauthorised people. You must inform Giacom World Networks Limited immediately if you have any reason to believe that any Password has become known to someone not authorised to use it or if any Password is being or is likely to be used in an unauthorised way. If we have reason to believe that there is likely to be a breach of security or misuse of the Internet Service(s) we may change any or all of your Passwords and notify you accordingly. If you forget any Password, by contacting the Technical Helpdesk by telephone and satisfying the security checks in operation, you will be given your existing Password or the option to change to a new Password from the online control panel to enable you to use the Internet Service(s). 4.4 You confirm and warrant that all the information supplied by you when you register on-line for the Internet Service(s) is true, complete and accurate in all respects and you agree to notify us immediately of any changes to that information. 5. THE ACCESS PACKAGES: 5.1 The Access Packages are provided on the terms and conditions of this agreement and the terms and conditions pertaining to the Access Package you have selected. 6. HELPDESKS AND ASSISTANCE: A Technical Help Desk is available (Monday to Friday, 8am until 12 midnight, and on Saturday and Sunday, 9am to 12pm - Bank Holidays excluded), to provide support in respect of network access charged at the rate of 50p per minute (incl VAT). 7. PAYMENT: 7.1 You agree to pay the charges relating to the Access Package you select. 7.2 Giacom World Networks Limited reserves the right to change the charges or fees associated with the use of the Internet Service(s) at any time. 7.3 You agree to pay any charges for any additional services selected by you that may be levied for that service. 7.4 Payment can be made by credit or debit card. You agree to pay the charges for any products or Third Party Service(s) you have selected in accordance with the terms and conditions of those products and Third Party Service(s). 7.5 Giacom World Networks Limited shall be entitled to charge interest at a rate of two percent (2%) per month above the base rate of Bank of England on all sums outstanding from you from the date such sum falls due to the date of payment. 8. DATA PROTECTION: Giacom World Networks Limited agrees to comply with the consents you grant from time to time and as included in this registration process in accordance with Data Protection Acts. 9. COPYRIGHT: 9.1 The content on the Internet Service(s) is protected as a collective work under applicable copyright law. The copying, redistribution, or publication by you or any of your Designated Users of any content is prohibited. Information, software or other content placed by you or any of your Designated Users in the public areas of the Internet Service(s) grants Giacom World Networks Limited the right to copy and otherwise use in connection with the Internet Service(s), such information, software or other content. Subject to this grant any rights you may have in such information, software or other content are retained by you. Copyrighted material must not be placed on the Internet Service(s) without the permission of the owner(s) or person(s) they specifically authorise to grant the right. Only the owner(s) or such authorised person(s) may upload copyrighted material to the Internet Service(s). 9.2 Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of Giacom World Networks Limited or the relevant copyright owner, if other than Giacom World Networks Limited. Permission must be specified on-line or obtained directly from Giacom World Networks Limited or the relevant copyright owner, if other than Giacom World Networks Limited. Unless otherwise provided, any authorised copying, redistribution, or publication of copyrighted material must be for your own private and personal use and not for any commercial purposes and any changes to or deletions of author attribution or copyright notice is prohibited. 9.3 Hull24 software may not be modified or reverse engineered unless you have obtained the express authorisation of the software's patent and/or copyright owner. 10. LIABILITY: 10.1 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS AND TO THE EXTENT PERMITTED BY LAW GIACOM WORLD NETWORKS LIMITED EXCLUDES ALL LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE) OR OTHERWISE FOR THE ACCURACY, SUITABILITY, QUALITY OR COMPLETENESS OF ANY ON-LINE CONTENT AND THE VALUE AND INTEGRITY OF PRODUCTS AND THIRD PARTY SERVICE(S) OFFERED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT GIACOM WORLD NETWORKS LIMITED HAS NO CONTROL OVER, AND THAT IT EXCLUDES LIABILITY FOR, MATERIAL PLACED ON-LINE BY USERS OF THE INTERNET SERVICE(S) AND ANY ON-LINE MATERIAL, WHICH CAN BE ACCESSED BY USING THE INTERNET SERVICE(S). 10.2 GIACOM WORLD NETWORKS LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSSES RELATING TO BUSINESS PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF THE INTERNET SERVICE(S), SOFTWARE OR ACCOMPANYING MATERIAL, EVEN IF GIACOM WORLD NETWORKS LIMITED OR THE OTHER PARTY OR PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10.3 TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU WILL NOT EXCEED £300. 10.4 EACH PROVISION OF THIS CLAUSE 10, EXCLUDING OR LIMITING LIABILITY OPERATES SEPARATELY. IF ANY PART IS HELD BY A COURT TO BE UNREASONABLE OR INAPPLICABLE, THE OTHER PARTY WILL CONTINUE TO APPLY. 11. INDEMNITY: 11.1 You warrant that your use and that of your Designated User(s) of the Internet Service(s) or other Third Party Service(s) may only be for lawful purposes and within the scope of these Terms and Conditions. 11.2 You warrant that your use or that of your Designated User(s) of the Internet Service(s) will not violate any law, regulation or treaties and that such use will not be in breach of the intellectual property rights of any person. 11.3 You shall indemnify and hold harmless Giacom World Networks Limited against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by Giacom World Networks Limited (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) by reason of a breach by you of any of your obligations set out in these Terms and Conditions. 12. TERMINATION: 12.1 You may terminate your agreement with Giacom World Networks Limited, subject to any minimum term under the Access Packages where applicable at any time by ceasing all use of the Internet Service(s) forthwith and destroying the Software, archival copy and Accompanying Material. 12.2 In addition to any rights set out elsewhere in these Terms and Conditions, Giacom World Networks Limited can suspend the provision of the Internet Service(s) or terminate its agreement with you (or both) with immediate effect if you fail to comply with these Terms and Conditions. 12.3 Upon termination you shall cease all use of the Internet Service(s) forthwith and destroy the Software, archival copy and Accompanying Material and confirm to Giacom World Networks Limited in writing that you have done so. 12.4 If Giacom World Networks Limited terminates its agreement with you and provided that you are not in breach of any of these Terms and Conditions it will repay to you the appropriate proportion of any charges for the Access Package(s) which you have paid for in advance provided such Access Package is supplied to you by Giacom World Networks Limited. 13 USAGE: You should be aware that while this service is intended to provide you with 24 hour internet access availability, it is not intended to be an "always on" service. Accordingly, we can suspend your access to the service if we think that: (i) you are leaving your Internet connection online unattended; (ii) you are online for more than 150 hours in a 30 day period; or (iii) your computer is automatically redialling your Internet connection in your absence. Also, if you are a user of the Home User 24 package, online sessions are limited to two and a half hours, and three and a half hours for users of the Business User 24 service. Between the peak hours of 18:30 and 22:30, we may limit the session to 60 minutes. You can re-connect to the Internet by using your dial-up connection. 14. VARIATION OF TERMS AND CONDITIONS: Giacom World Networks Limited may modify these terms and conditions or prices, and may discontinue or revise any aspect of the Internet Service(s) at any time, such modifications becoming effective immediately upon either posting of notice on the Giacom World Networks Limited or Hull24 website or notification to you via either e-mail or regular post to the address provided by you on the Giacom World Networks Limited website. By continuing to use the Internet Service(s) following any such notice you will be deemed to accept such modification. 15. LAW AND JURISDICTION: These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be exclusively subject to the jurisdiction of the courts of England and Wales. |
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Copyright
Giacom World Networks Limited
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