Terms & Conditions
Cyber Ware users receive their service subject to the following terms and conditions. By using our systems, all subscribers agree to adhere to conditions of use. If you have any comments or questions regarding the policy, please email us at admin@cyberware.co.uk.
"Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol");
"Internet Standards" means the protocols and standards defined in Internet documents RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as applicable;
"Minimum Period of Service" means the first month of the Service when payment is made monthly or 12 months of service when payment is made on an annual basis;
"Price List" means the schedule of charges for the Service, copies of which can be seen or obtained from Cyber Ware Ltd, Litton House, Saville Road, Peterborough (or any alternative address which Cyber Ware Ltd notifies to the Customer at any time) and details of which Cyber Ware Ltd also publishes online;
"Registration Form" means the Cyber Ware registration form identifying the Service required by the Customer;
"Service" means the provision of server capacity on the World Wide Web and, where applicable, any other services and facilities provided by Cyber Ware for the Customer in connection with the Service;
"Third Party Information" means any visual, textual or other information not owned or generated by the Customer published on the web site established by the Customer on the Internet using the Service;
"URL" means a uniform resource locator, which is the full address for the Customer's web site on the World Wide Web and which incorporates the Customer's Domain Name.
1.2 The Price List contains explanations and notes concerning the charges which form part of this Contract.
1.3 In the event of any conflict between the documents forming this Contract, the documents will take the same order of precedence as that in which they appear in the definition of Contract in paragraph 1.1.
2. PROVISION OF THE SERVICE
2.1 Cyber Ware agrees to provide the Customer with the Service on the conditions of this Contract.
2.2 If the Service is to be provided by a date specified by the Customer or Cyber Ware, such date shall be treated as an estimate only and Cyber Ware does not accept any liability for any failure to meet the date.
2.3 It is technically impracticable to provide the Service free of faults and Cyber Ware does not undertake to do so. Cyber Ware will correct reported faults as soon as it reasonably can.
2.4 The Service can only be used if the Customer has access to telecommunications services of a sufficient standard. This Contract does not include the provision of any telecommunications service for access to Cyber Ware.
2.5 The Customer is responsible for providing a suitable PC, modem, and any other items of hardware, software and communications equipment necessary to access the Service.
2.6 Occasionally Cyber Ware may:
2.6.1 For operational reasons change the technical specification of the Service (provided that it does not materially affect the performance of the Service);
2.6.2 Temporarily suspend the Service for repair, maintenance or improvement of the Service but before doing so will give as much on-line, written or oral notice as is reasonably practicable. Cyber Ware will restore Service as soon as it reasonably can after temporary suspension;
2.6.3 Give instructions about the use of the Service which Cyber Ware thinks are reasonably necessary in the interests of health, safety or the quality of the Service to the Customer or any other customer.
3. MINIMUM PERIOD OF SERVICE
The Minimum Period of Service begins on the date when the Service is first made available to the Customer, but it does not prevent Cyber Ware from exercising its rights to suspend the Service, or, subject to paragraphs 8 and 9, either party from terminating this Contract or the provision of a service or facility under it.
4. CHARGES
4.1 The Customer agrees to pay all charges for the Service as specified in the Price List.
4.2 Subject to paragraph 4.3, charges are payable in advance. Unless Cyber Ware notifies the Customer to the contrary, the Customer's liability for charges will start from the first day of the Minimum Period of Service.
4.3 If the Customer exceeds its contracted rate of traffic as detailed on the Registration Form in any billing period, the Customer agrees to pay additional charges as specified in the Price List.
4.4 Charges are payable on demand and, unless the Price List provides otherwise, charges for the Service are exclusive of Value Added Tax and any other applicable sales taxes which will be added to the Customer's bill at the prevailing rate.
4.5 Cyber Ware reserves the right to vary any of the charges for the Service at any time but will give the Customer a minimum of 14 days' notice before the new charges become effective.
5. SECURITY
5.1 The Customer is responsible for the security and proper use of user names, passwords and security checkwords used in connection with the Service and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised people. The security checkwords must not be disclosed to any third parties.
5.2 The Customer must immediately inform Cyber Ware if there is any reason to believe that a user name, password or security checkword has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
5.3 The Customer may change a password by contacting Cyber Ware and satisfying such security checks as Cyber Ware may operate.
5.4 Cyber Ware reserves the right to suspend user name and password access to the Customer's web site if at any time Cyber Ware considers that there is or is likely to be a breach of security.
5.5 The Customer must immediately inform Cyber Ware of any changes to the Customer's details, which the Customer supplied when registering for the Service.
6. USE OF SERVICE
6.1 The Customer shall be and shall remain responsible for the creation, maintenance and design of all Information.
6.2 The Customer warrants that the Information is accurate and will not include any information or material, any part of which, or the accessing of which would be a criminal offence or otherwise unlawful. In particular the Customer warrants that all necessary licences and consents (including but not limited to those from owners of copyrights or performing rights) have been obtained.
6.3 The Customer warrants that it will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to the Customer or Cyber Ware and which relate to the provision of Information, provided that Cyber Ware has given notice to the Customer of those which only apply to Cyber Ware.
6.4 The Service must not be used:
6.4.1 Fraudulently or in connection with a criminal offence;
6.4.2 To send, receive, upload, download, use or re-use any Information or material which is offensive, abusive, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
6.4.3 In breach of instructions Cyber Ware has given under paragraph 2.6.3;
6.4.4 The use of bad language in publicly accessible News Group correspondence. Hateful, Harassing or any other anti-social behavior. The use of the medium to intrude on the lives of others. Intentional damage or interference with others through the access afforded to their computer systems including intentional transmission or origination of a virus and unauthorised access to any computer system.
6.4.5 Unsolicited messages to lists of individual E-mail addresses(SPAM) or multiple mailing to unrelated News Groups to send or provide unsolicited advertising or promotional material Cyber Ware Ltd. Reserve the right to levy a £30.00 fee for every valid complaint we receive, pertaining to any unsolicited messages by the customer. If you are unsure whether you are breaching our conditions you should contact Cyber Ware Ltd. for clarification.
6.4.6 Other than in accordance with the acceptable use policies of any connected networks and the Internet Standards.
6.5 The Customer must not use a Domain Name or URL which infringes the rights of any person in a corresponding trade mark or name, whether in statute or common law.
6.6 The Customer must ensure that a contact name, telephone number and electronic mail address are included in clear and legible form on its web site for receipt of any enquiries or complaints that may arise in relation to Information, Third Party Information or other material published on the web site. Cyber Ware reserves the right to disclose to any person with an enquiry or complaint the contact name, telephone number and electronic mail address if such person cannot locate these details on the Customer's web site.
6.7 If anyone other than the Customer uses the Service with or without the Customer's knowledge or approval, in contravention of paragraphs 6.4 or 6.5, Cyber Ware can treat the contravention as a breach by the Customer of paragraph 8 of this Contract.
7. CONFIDENTIALITY
7.1 The Customer shall keep in confidence any information of a confidential nature relating to the Service obtained from Cyber Ware under this Contract and must not disclose such information to any other person without Cyber Ware's prior written consent, provided that this restriction does not apply to information which is:
7.1.1 In the public domain otherwise than in breach of this Contract;
7.1.2 Lawfully obtained from a third party which is free to disclose it;
7.1.3 Required to be disclosed by law or a competent authority;
7.1.4 In the lawful possession of the Customer prior to disclosure.
7.2 The restrictions in this paragraph shall survive the termination or expiry of this Contract.
8. BREACHES OF THE CONTRACT
8.1 If:
8.1.1 the Customer:
(a) Does not pay any charge within 28 (twenty-eight) days of it falling due; or
(b) Commits a breach of this Contract and if it is possible to remedy, fails to remedy the breach within a reasonable time of written notice to do so or if it is not possible to remedy the breach; or
8.1.2 Cyber Ware believes the Service is being used in a manner prohibited under paragraph 6 even if the Customer is unaware that the Service is being used in such a way.
Cyber Ware can terminate this Contract or suspend the Service or any part of the Service (or both) without notice, and claim for the resulting losses or expenses. If Cyber Ware suspends the Service under this paragraph, Cyber Ware can refuse to restore the Service until Cyber Ware receives an acceptable assurance from the Customer that there will be no further breach of this Contract.
8.2 Cyber Ware can also terminate this Contract if the Customer is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors or if any of its assets are the subject of any form of seizure or goes into liquidation, either voluntary (otherwise than for reconstruction or amalgamation) or compulsory, or if a receiver or administrator is appointed over its assets.
8.3 On termination under paragraphs 8.1 or 8.2, the Customer shall pay to Cyber Ware all charges which are due for the Service under this Contract, including any unpaid charges for the remainder (if any) of the Minimum Period of Service.
8.4 The Customer will remain liable to pay all charges which are due for the Service during any period in which the Customer does not comply with this Contract.
8.5 If Cyber Ware waives a breach of this Contract by the Customer, that waiver is limited to that particular breach. Cyber Ware's delay in acting upon a breach is not to be regarded in itself as a waiver.
9. TERMINATION BY NOTICE
9.1 Either party can terminate this Contract on giving 30 days' notice to the other party.
9.2 If notice is given under paragraph 9.1, the Customer shall pay all charges due for the Service up to the expiry of the notice. If the Customer gives notice, the Customer must also pay the charges due for any remaining part of the Minimum Period of Service, unless the Customer has given notice because Cyber Ware intends to change any of the conditions of this Contract to the Customer's material detriment.
9.3 If Cyber Ware gives notice under paragraph 9.1, Cyber Ware will repay or credit the appropriate proportion of any charges paid in advance following expiry of the notice period.
9.4 Termination by notice under this paragraph 9 does not avoid any liability for Service already provided.
10. CYBER WARE'S LIABILITY
10.1 Cyber Ware's duty in performing any obligation under this Contract is only to exercise the reasonable skill and care of a competent Internet service provider.
10.2 Cyber Ware accepts no liability for death or personal injury caused by Cyber Ware's negligence.
10.3 The Customer accepts that Cyber Ware is under no obligation to monitor or approve Information and Third Party Information and that Cyber Ware does not examine the use to which customers put the Service.
10.4 Cyber Ware excludes all liability of any kind for all material comprising Information or Third Party Information and is not responsible for the provision or delivery of any goods and services (including Information) advertised, sold or otherwise made available by means of the Service.
10.5 Cyber Ware is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including Internet registration authorities) or for faults in or failures of their equipment.
10.6 Cyber Ware is not liable to the Customer either in contract, tort (including negligence) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss whatever.
10.7 Cyber Ware's liability to the Customer either in contract, tort (including negligence) or otherwise in relation to this Contract is limited to £TBD for any one incident or series of related incidents and £TBD for all incidents in any period of 12 months.
10.8 Each provision of paragraph 10 limiting or excluding liability operates separately. If any part is held unreasonable or inapplicable in any circumstances the other parts shall continue to apply.
11. INDEMNITY
The Customer must indemnify Cyber Ware against any claims or legal proceedings that anyone (other than the Customer) threatens or makes against Cyber Ware because of the way the Service is used or because the Service is faulty or cannot be used.
12. ASSIGNMENT
Neither party may assign any rights or obligations under this Contract without the written consent of the other.
13. GIVING NOTICE
Notices given under this Contract must be in writing and delivered by hand, or sent by prepaid post or electronic mail as follows:
13.1 To Cyber Ware: to the address shown on the Registration Form, or any alternative address which Cyber Ware notifies to the Customer at any time;
13.2 To the Customer: the address specified by the Customer when entering into this Contract, or any alternative address which the Customer notifies to Cyber Ware at any time.
14. MATTERS BEYOND THE PARTIES' REASONABLE CONTROL
If either Cyber Ware or the Customer is unable to perform any obligation under this Contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, it will have no liability to the other party.
15. SOFTWARE
15.1 Intellectual property rights in any software or documentation supplied by Cyber Ware to the Customer remain the property of Cyber Ware or its licensors.
15.2 The Customer agrees to comply with the terms of any agreements reasonably required by the owner of intellectual property rights in any such software or documentation relating to the protection of those rights. Subject to the terms of this Contract, Cyber Ware grants the Customer the non-exclusive right to use such software or documentation in connection with the Service.
15.3 Without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 the Customer must not and must not permit any other person to:
15.3.1 Disassemble, reverse engineer, decompile or in any other way interfere with the software;
15.3.2 Copy or modify the software ; or
15.3.3 Create any new software partly or wholly based on the software.
15.4 The Customer must not transfer or assign the right to use the software or attempt to do so.
15.5 Cyber Ware may offer updates or modifications to such software or documentation. Any applicable charges for such updates or modifications will be notified to the Customer at the time Cyber Ware offers such updates or modifications.
16. DOMAIN NAME REGISTRATION
16.1 The Customer warrants that it is the owner of, or that it is duly authorised by the owner of, any trade mark or name that it wishes to register as its Domain Name and use as part of its URL.
16.2 Unless otherwise agreed, Cyber Ware will undertake Domain Name and URL registration on behalf of the Customer with the appropriate Internet registration authorities. The Customer is responsible for paying all fees to the Internet registration authorities associated with registration and maintenance of its Domain Name and URL.
16.3 The Customer acknowledges that Cyber Ware cannot guarantee that any Domain Name or URL requested by the Customer will be available from or approved for use by the Internet registration authorities.
16.4 Cyber Ware reserves the right to require the Customer to select a replacement Domain Name or URL and may either refuse to provide or may suspend Service if, in Cyber Ware's opinion, there are reasonable grounds for Cyber Ware to believe that the Domain Name or URL is, or is likely to be, offensive, abusive, defamatory or obscene or in breach of the provisions of paragraph 6.5.
16.5 As well as agreeing to these Terms and Conditions, other conditions may also apply. In the case of UK Domains (any domain ending .uk), you must also have read and agree to the Terms and Conditions of Nominet, the registrar for the .uk Top Level Domain. Nominet's Terms and Conditions can be found at http://www.nominet.org.uk/registrants/legal/terms/. In the case of .com, .net, .org, and .info, .at, .be, .biz, .ca, .ch, .cn, .de, .eu, .fr, .it, .name, .nl, .tv, and .us domains, both the Registration Agreement and the ICANN Dispute Resolution Policy documents must be agreed to.
16.6 Upon confirmation of a domain name transfer away from Cyber Ware, an administration fee of £50 (ex. VAT) will be payable.
17. EXPORT CONTROL
17.1 The Service may comprise software, services, technical information, training materials or other technical data which, because of their origin or otherwise are subject to the United States of America export control regulations or the laws or regulations of another country. In such case, provision of the Service will be conditional on obtaining and maintaining all necessary consents. The Customer agrees to provide Cyber Ware with reasonable assistance to obtain such consents.
17.2 The Customer agrees to comply with any applicable export or re-export laws and regulations of any country, including obtaining written authority from the US Government if the Customer intends at any time to re-export any items of US origin to any proscribed destination.
17.3 For US government personnel using the Service in the United Kingdom, US government restricted rights will apply.
18. VARIATION OF TERMS AND CONDITIONS
Cyber Ware may change the conditions of this Contract at any time and will give the Customer notice of such changes at least 14 days before they take effect.
19. ENTIRE AGREEMENT
19.1 This Contract contains the whole agreement between the parties relating to its subject matter and supersedes all previous written or oral agreements relating to it.
19.2 The parties acknowledge and agree that:
19.2.1 they have not been induced to enter into this Contract by any representation, warranty or other assurance not expressly incorporated into it; and
19.2.2 In connection with this Contract, and except in the case of fraud, their only rights and remedies in relation to any representation, warranty or other assurance shall be for breach of the terms of this Contract and that all other rights and remedies are excluded.
20. LAW
This Contract is governed by the laws of England and Wales.