TERMS AND CONDITIONS FOR CUSTOMERS ---------------------------------- READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD SELECT THE ‘DO NOT ACCEPT’ OPTION ON INSTALLATION. 1. Service Obligation 1.1 UUNET PIPEX (trading name of The Public I.P. Exchange Limited) undertakes to provide the Customer with Dial-Up Internet Access ("the Service"). UUNET PIPEX will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of UUNET PIPEX, or by errors or omissions of the Customer. UUNET PIPEX specifically excludes any warranty as to the accuracy of information received through the Service. 1.2 Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into this contract by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will UUNET PIPEX be liable for economic, indirect or consequential loss. 1.3 The liability of UUNET PIPEX (if any) in contract, tort, negligence or otherwise arising out of or in connection with supply of Service hereunder shall be limited in respect of any one event or a series of two or more connected events to £250. 1.4 Save where the Service is terminated by UUNET PIPEX without cause, the Customer shall not be entitled to a refund of subscriptions paid. 2. Term, Suspension and Termination of Service 2.1 This contract shall be for a term equivalent to the subscription period paid by the Customer until the expiry of that subscription period or the contract terminated in accordance with the terms hereof. 2.2 UUNET PIPEX may elect to suspend or terminate the Service immediately and without prior notice, on breach of any of the terms and conditions of this contract, including without limitation late or non-payment of sums due. 2.3 From time to time certain PoPs, servers, or the whole or part of the Network may be closed down for routine repair or maintenance work. UUNET PIPEX shall give as much notice as in the circumstances is reasonable and shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time. 3. Improper Use and Liabilities 3.1 Use by the Customer: The Customer acknowledges that it may only use the Service for lawful purposes. The Customer warrants that: 3.1.1 it shall not (or authorise or permit any other party to) use the Service or the UUNET PIPEX network to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright), or otherwise unlawful; 3.1.2 it shall not knowingly or recklessly transmit any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by UUNET PIPEX or other Internet users; 3.1.3 its account is to be used by a single user only and that it will not allow simultaneous access using the same log-in; 3.1.4 it as the registered user of the account will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text; 3.1.5 if the password becomes known to any other unauthorised user it will inform UUNET PIPEX immediately; 3.1.6 any breach of these obligations shall entitle UUNET PIPEX to immediately terminate the Service to the Customer without notice. 3.2 The Customer hereby agrees to fully indemnify and to hold UUNET PIPEX harmless from and against any claim brought by a third party resulting from the use of the Service or the UUNET PIPEX network by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by UUNET PIPEX in consequence of the Customer's breach or non-observance of these terms and conditions. 3.3 The Customer shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against UUNET PIPEX arising from the above claims and shall provide UUNET PIPEX with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense. 3.4 The Customer shall be liable to pay all and any additonal charges in connection with the use of the Service including those levied by its telephone service provider. 3.5 Use by others: The Customer acknowledges that UUNET PIPEX is unable to exercise control over the content of information passing over the UUNET PIPEX network or via the Service, and UUNET PIPEX hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature. 4. Connection to Other Networks The Service may be used by the Customer to link into other networks worldwide, and the Customer agrees to conform to the acceptable use policies of such networks. 5. Password UUNET PIPEX reserves the right to change the Customer's password at any time at its sole discretion. 6. Restriction on Sub-leasing/Re-selling The Customer in entering into this contract undertakes that it will not assign, re-sell sub-lease or in any other way transfer the UUNET PIPEX connection. Contravention of this restriction in any way, whether successful or not, will result in the service being terminated by UUNET PIPEX forthwith. 7. Profligate Use Profligate use of the UUNET PIPEX network is prohibited. UUNET PIPEX considers that any applications which transmit live video, live audio, or make similar traffic demands across the UUNET PIPEX network by whatever means constitutes making profligate use of the UUNET PIPEX network. Use of IP Multicast, other than by means provided and co-ordinated by UUNET PIPEX is also prohibited. 8. Assignment UUNET PIPEX shall be entitled to assign this Agreement either in whole or in part. This Agreement shall be personal to the Customer who shall not be entitled to assign this Agreement in whole or in part. 9. Data Protection UUNET PIPEX reserves the right to put the names and other information from the registration form relating to its Customers into a computerised directory for internal use only, unless specific written instructions are received from the Customer. 10. PIPEX Dial Trial Users PIPEX Dial Trial users acknowledge that access to the UUNET PIPEX network may be restricted at the sole discretion of UUNET PIPEX in the interests of fully subscribed PIPEX Dial customers or the UUNET PIPEX network. 11. Software Agreement UUNET PIPEX and its suppliers own the Licensed Programs and the documentation provided with this Agreement, both of which are protected by copyright laws. Your right to use the Licensed Programs and documentation is limited to the terms and conditions described below: 11.1 License YOU MAY: (a) use the enclosed Licensed Programs on a single computer; (b) physically transfer the Licensed Programs from one computer to another provided that the Licensed Programs are used on only one computer at a time, and that you remove any copies of the Licensed Programs from the computer from which the Licensed Programs are being transferred; (c) make copies of the Licensed Programs solely for the purposes of backup. The copyright notice must be reproduced and included on a label on any backup copy. YOU MAY NOT: (a) distribute copies of the Licensed Programs or their documentation to others; (b) rent, lease or grant your rights to the Licensed Programs; (c) translate, reverse engineer, decompile or disassemble, or otherwise alter the Licensed Programs or their documentation without the prior written consent of UUNET PIPEX except to the extent applicable law specifically prohibits such restriction; or (d) ship or transmit (directly or indirectly) any copies of the Licensed Programs, or any technical data in the Licensed Programs or its media, or any direct product thereof, to any entity or country destination. 11.2 Term Your license remains in effect until terminated. You can terminate it at any other time by destroying the Licensed Programs together with all copies of the Licensed Programs in any form. Your license will also automatically terminate without notice if you fail to comply with any term and condition of this Agreement. Upon any termination you must destroy all copies of the Licensed Programs in any form. 11.3 Limited Warranty UUNET PIPEX warrants the media on which the Licensed Programs are provided will be free from defects in materials and workmanship under normal use for a period of thirty (30) days after purchase. Defective media may be returned, with proof of purchase, for replacement without charge during the thirty (30) day warranty period. UUNET PIPEX or the other software providers do not warrant that the Licensed Programs are error-free, will operate without interruption or are compatible with all equipment and software configurations. In addition, the security mechanism implemented by the software has inherent limitations and you must determine that the software sufficiently meets your needs. This warranty does not cover any Licensed Programs which have been subjected to damage or abuse or which have been altered or changed in any way. UUNET PIPEX is not responsible for problems caused by computer hardware, computer operation systems or the use of the Licensed Programs in conjunction with non-UUNET PIPEX software. EXCEPT AS PROVIDED IN THIS SECTION 11.3, UUNET PIPEX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED PROGRAMS, THEIR MERCHANTABILITY OR THEIR FITNESS FOR A PARTICULAR PURPOSE. 11.4 Limitation of Liability REPAIR, REPLACEMENT OR REFUND (AT THE OPTION OF UUNET PIPEX) IS THE EXCLUSIVE REMEDY IF THERE IS A DEFECT. IN NO EVENT SHALL UUNET PIPEX OR THE OTHER SOFTWARE PROVIDERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, DATA, USE, OR INFORMATION, EVEN IF UUNET PIPEX OR THE OTHER SOFTWARE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF UUNET PIPEX OR THE OTHER SOFTWARE PROVIDERS EXCEED THE AMOUNT PAID FOR THE LICENSED PROGRAMS AT ISSUE. YOU SHALL NOT USE THE LICENSED PROGRAMS IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. 12. UUNET PIPEX reserves the right to vary these terms and conditions from time to time. Such changes shall be notified to the Customer by Email and by posting on the UUNET PIPEX Website. Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of Email or of posting on the Website, whichever is the latter. 13. UUNET PIPEX shall not be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom UUNET PIPEX is not responsible. 14. The Customer acknowledges that it has read and accepts the terms of this contract. 15. This contract shall be governed by and construed in accordance with the laws of England and Wales and the Customer hereby submits to the exclusive jurisdiction of the courts of England and Wales. Copyright © 1994-96 by The Public IP Exchange Limited. All rights reserved. No part of this may be reproduced in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. For information contact UUNET PIPEX on 01223 250100.