Terms and Conditions
In this document, "we", "our" and "us" refers to Jason Clifford, trading as UK Free Software Network, and any of our subsidiaries and partners and "you" and "your" refers to you, the subscriber to the our services.
The use of the term "Service" shall mean the UKFSN.ORG Internet Access Service and any associated services provided by us.
The use of the term "User Account" throughout this Document shall mean the login account to the Service you were assigned at the time you subscribed to the Service and any data and services associated with that account.
This document comprises a contract between us and you, the subscriber to the Service. By subscribing to and continuing to use our Services you agree to all of the terms detailed in these Terms and Conditions.
1. These Conditions apply to your use of the Service. They may be revised at any time and without notice at our sole discretion. The use of the Service is taken to be your agreement to adhere to the current Conditions of Use at any given time. The most current statement of these Conditions shall always be available from our web site at http://www.ukfsn.org/conditions.html
2. You are required to adhere to these Conditions. If you breach them, we have the right at our sole discretion to suspend or terminate your access to the Service without notice or refund of any fees paid, to make a charge for the misuse or to block access to the relevant component of the Service. You agree that we may disclose your details to any party of parties who are aggrieved by your Breach of these Conditions.
3. You may cancel your subscription to the Service at any time by giving us 30 days notice of your desire to cancel. In the event that you do not use the Service for a period of 90 days we shall have the right to cancel your Subscription to the service and remove your User Account from our systems and delete any data associated with it. In the event that you fail to pay any invoice or other moneys due to us in accordance with these terms we shall have the right to suspend and/or terminate your services and to charge you for any costs we incur in so doing.
4. All communications from You to Us must be in writing and must be sent in one of the following ways:
- + by post;
- + by email from your User Account
5. We will not accept proof of sending as proof that we have received your communication. You must ensure that you have received acknowledgement from us.
6. We shall respond promptly to any communication we receive from you.
7. You may only access the machines, and specific ports and services on those machines, that comprise part of the Service that you have been authorised to access. Seeking to obtain access to machines that comprise part of the Service, or ports or services on those machines, that you have not been specifically authorised to access is a criminal offense and We reserve the right to bring civil action against You as well as reporting your actions to the relevant criminal authorities.
8. You may not use the Service to provide a proxy or relay service of any kind using your User Account unless specifically authorised to do so. This includes running an IRC or IRQ access facility or a Web Mail facility from your UKFSN.ORG web space.
9. We reserve the right to suspend or cancel any account at our sole discretion.
10. You are required to keep the contact details that you provided us up to date. We may send notices or other information to you at the address you gave us. We will not pass these details to other companies except as specified elsewhere in these terms or required by law.
11. We will use our reasonable endeavors to maintain all our services. You will not be eligible for any compensation because you cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. We may change the service at any time.
12. Regardless of anything else in these Conditions of Use, our liability shall not exceed the proportionate amount of any fee you have paid to us.
14. We are not responsible for any use you make of the Service, for any charges that you incur with any third party, nor for any software running on your host, except as documented within any separate written agreement or AUP. You indemnify Us against the effects of any misuse or any claims resulting from any such misuse.
15. You will keep your passwords and any security phrases secret and will not disclose them to third parties for any purpose. You will notify us and change any password which you believe may have been compromised.
16. You will not use the account for any illegal purpose.
17. You will not sell on or share use of the service, or any part of it, with any other person except:
- + members of your household at the same address,
- + your employer or employees at the same address,
- + where specifically agreed with us in writing.
18. Where you use our service to reach networks and services not operated by us, you will abide by the Acceptable Use Policies and Terms and Conditions imposed by the operators of those networks and services.
19. You will not use the Service to send unsolicited commercial messages, Unsolicited Junk Messages, SPAM or any other bulk message to a recipient who has not expressly requested to receive that message. This shall apply to messages sent via electronic mail, USENET news postings or any other medium which may be intrusive. If you breach this Condition of Use you agree that you will pay us compensation of no less than one hundred and fifty pounds sterling plus interest at 8% above the base lending rate of the Bank of England at the date you breach this condition from that date. You agree that you will pay this compensation in respect of each recipient address of each message sent in breach of this Condition. You agree that you will not run an "open mail relay" on any computer system connected to the Service. You will not seek to use the facilities offered as part of you account to run an email service using our equipment.
20. You will not promote any site hosted using our services via unsolicited messages sent via electronic mail, USENET news posting or any other such intrusive method, whether such posting shall be made via our services or those of any other provider. If you do seek to promote your site using such methods we may terminate or suspend your account and all hosting facilities without notice.
21. You may not install any remailer script onto our servers that permits any non UKFSN.ORG server to relay email via our servers. Installation of such a script may result in your account being terminated.
22. You may not seek, by any means, to give the impression that you are an administrator of the service of any other person or organisation who is engaged in the provision of the Service unless you are appointed to such a role by us. Where the account name you have chosen is deemed to give such an impression we reserve the right to withdraw the account name from service and offer you the chance to choose a suitable alternative.
23. You may not run, or cause to be run, any daemon or server process on our servers. You may not install any executable program in binary form onto our servers, neither are you authorised to access or execute any process on our systems that you have not been specifically authorised to access or execute
24. You should not configure any system to repeatedly connect to our systems in such a manner as to cause excessive load either on the servers or our networks. In particular you shall not configure a webcam or other similar device to upload files to out servers more frequently than at 15 minute intervals.
25. We commit that we shall not disclose the details of any subscriber to the service to any person or organisation for any purpose whatsoever, except as required by law, without the express written permission of the subscriber to do so.
26. Any decision made by Us in relation to the Service and these Conditions of Use shall be final.
27. These Conditions of Use and all other legal relationships between us shall be governed by and construed in accordance with English Law, and are subject to the exclusive jurisdiction of the English courts.
28. If any part of these Conditions of Use shall be held to be invalid or unenforceable, this shall not affect the enforceability of any other provision of these Conditions of Use.