- INTRODUCTION
The WIS service is an web-space and internet service provided by Worldwide
Internet Services and use of the system (hereafter WIS) is at all times subject
to the terms and conditions of this Agreement. This Agreement constitutes the
entire agreement between you as an authorized user and WIS and by using WIS's
services, you confirm your acceptance of, and agree to be bound by, this
Agreement.
- AGREEMENT TO TERMS AND CONDITIONS
This Agreement takes effect on the date on which you first use or test WIS
or when you pay for their services, whichever is the earliest. From time to
time, it will be necessary to update the terms and conditions. We undertake to
give you, wherever possible 7 days notice of any change and you agree to be
bound by the new terms and conditions by your use of the system after the
implementation date for them. We reserve the right to impose immediate
implementation of new terms and conditions where necessary for the protection of
the system. Should you find any new terms and conditions unacceptable, then you
will be granted a refund of any unexpired part of your subscription and you
agree that, save for this refund, you will not make any claims whatsoever for
compensation in relation to the cancellation or withdrawal of your subscription.
You are responsible for reviewing regularly information posted on-line in the
terms and conditions pages.
- INFORMATION PROVIDED BY YOU
You warrant that the name, address and payment information that you provide
when you join WIS is correct and you agree to notify WIS of any changes in the
name, address and/or payment details.
You agree that WIS may disclose your name and address where there is any
complaint about the content of your pages or in relation to goods or services
advertised there.
You warrant that you are at least 18 years of age and that you possess the
legal right and ability to enter into this Agreement and to use WIS's services
in accordance with this Agreement. You agree to be responsible for the use of
WIS and to comply with your responsibilities and obligations as stated in this
Agreement.
- USAGE
WIS will not monitor the contents of your pages. Files that you upload to
your web-pages are subject to withdrawal without notice by WIS upon complaint
about their content where WIS at their sole discretion deem this necessary.
You warrant the accuracy, truthfulness or reliability of any information
(including statements of opinion or advice) which you place on your web-pages.
You warrant that you are authorised to promote any information which you do so
on your web-pages (for example if you are providing financial information, that
you hold any necessary authorisation under the Financial Services Acts etc.).
You agree to keep secure your WIS identification, password and other
confidential information relating to your account.
We cannot guarantee that the system will never be infiltrated by unauthorised
users or hackers. Your data pages may not be secure against hackers and you
take that risk. If you find evidence of infiltration, please let us know and we
will take steps both to try and prevent it and to notify the proper authorities.
You are personally responsible for the use of your account and the secrecy
of your password. If you are a corporate user then the company is also
responsible, together with the individual using the account. In addition, you
are deemed to be logging onto the system (i.e. the authorised person for that
account) when an account is logged on by using your correct account ID and
password. You must also tell us immediately if someone steals your password or
if you find someone else is using your ID. Our system will not accept the
use of any ID more than once so this should never happen unless someone has got
access to your ID and password). We will change your password for you if this
is the case. You must also co-operate with us and the police concerning any
legal action taken arising from the misuse of your account by anyone else.
You are entirely responsible for the content of your web-pages. You may
not, under any circumstances, use WIS pages to do any of the following:
- publish, post, distribute or disseminate defamatory, infringing, obscene,
indecent or other unlawful material or information, including adult material
of any kind
- threaten, harass, stalk, abuse, disrupt or otherwise violate the legal
rights (including rights of privacy and publicity) of others
- engage in illegal or unlawful activities
- make available / upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all necessary
consents;
- make available / upload files that contain a virus or corrupted data
- falsify the source or origin of software or other material contained in a
file that you make available on your web-pages
- act, or fail to act, in your use of the web-pages, in a manner that is
contrary to applicable law or regulation. You are entirely responsible for any
civil or criminal liability which is incurred as a result of your use of your
web-pages.
If you post a defamatory/libellous message, it is you that publish it and
you that will be liable for the consequences of it. You will also be liable for
our reasonable legal costs incurred in defending any defamation or libel action
caused by your page content and you agree to indemnify us for any damages which
are awarded against us by a court of law or which we pay as a result of settling
such an action upon Counsel's advice.
You must also not use your hosting or email account with WIS to send
unsolicited commercial email (UCE) of any kind.
- TERMINATION
WIS may terminate your subscription at any time, with or without cause, upon
reasonable notice. You may also do the same.
Where WIS terminates your subscription with cause, or you terminate your
subscription, you will not be entitled to any refund of any unused part of your
subscription.
WIS expressly reserves the right to terminate or suspend your subscription
without prior notice should you fail to comply with these Terms and Conditions
or should WIS deem such action necessary to protect WIS and in such
circumstances WIS will confirm such termination or suspension by subsequent
notice.
Save for any refund of unused parts of the subscription as above, you will
not be entitled to any compensation whatsoever in the circumstances of
termination and WIS will not be liable for any consequential loss whatsoever in
relation to termination of your account in any circumstances. After termination
of your account, WIS may if they deem it applicable at their sole discretion
post a redirection to any new URL should you desire this.
- USE OF MATERIAL FOR ADVERTISING
WIS will not distribute web-pages outside WIS without the subscribers
consent but may include information about them in promotional materials and
advertising and may make such information available to third parties for
promotional or advertising purposes and you agree that files that you have
uploaded to WIS may be used in such manner and for such purposes.
- CHARGES
You agree to pay all charges for your use of WIS at the prices in effect at
the beginning of your subscription period or the anniversary thereof.
WIS reserves the right to change prices or institute new charges for use of
WIS at any time upon not less than thirty (30) days' notice. All changes will
be posted on-line within new terms and conditions page.
Payment of your account balance is due at inception and subsequently on the
anniversary thereof. Where payment is not made within 30 days of due payment,
your account may be suspended or terminated at our discretion. You agree to pay
a late payment charge on all amounts due but unpaid for thirty (30) days after
being billed at £5 per month or part thereof.
- ADVERTISING ON WIS
If you advertise or offer to sell goods or services via your web-pages, you
undertake to provide goods in conformity with any description and warranties
made. You agree to comply with all relevant Advertising and Broadcast
regulations, Consumer Credit Acts and Trades Descriptions Acts etc. If you are
advertising goods in the course of a trade or business this must clearly be so
stated.
- EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
WIS and all WIS services are provided "as is," and WIS make no express
or implied representations or warranties to you regarding the usability,
condition or operation thereof.
WIS will at all times use best endeavours to attempt to maintain an
uninterrupted and error-free service, however WIS make no representations or
warranties regarding the services provided by them and do not warrant that use
of WIS will be uninterrupted or error-free, or that WIS services will meet any
particular criteria of performance or quality.
WIS will at all times use best endeavours to attempt to maintain and
safeguard your data on its system however WIS accept no responsibility for any
loss or damage to data or the loss thereof. In particular, you are responsible for
keeping back-up copies of any files or data kept on your web site.
WIS expressly disclaim all implied warranties, including without limitation,
warranties of merchantability, title, fitness for a particular purpose,
non-infringenient, compatibility, security or accuracy.
Your use of WIS services is at your own risk. You accept full
responsibility for such use and the risk of any loss resulting from your use of
the system and the content of your pages. You also accept full responsibility
for safeguarding your own data.
Notwithstanding contrary clauses in this Agreement, in the event that WIS
are deemed liable to you for breach of this Agreement, you agree that WIS's
liability is limited to the amount actually paid by you for your subscription.
You hereby release WIS from any and all obligations, liabilities and claims in
excess of this limitation.
- LIMIT OF RESPONSIBILITY
WIS does not accept any responsibility whatsoever for anything posted on the
system (except by one of our staff) and you agree by using the system that WIS
will not be liable for any direct, indirect, special, consequential, exemplary
or punitive damages or losses which are incurred in connection with the use of
the system even if WIS have been advised of this possibility and you hereby
waive any claims with respect thereto, whether based on contractual, tort or
other grounds and you agree to indemnify WIS and hold WIS harmless from and
against any and all reasonable claims, proceedings, damages, injuries,
liabilities, losses, costs, and expenses (including reasonable legal defence and
other legal costs) incurred as a result of your actions on the system or
materials of information transmitted by you in connection with the system. This
means that you may have to pay us where claims are made against us or our system
by other callers or third parties.
You agree to indemnify WIS from and against any and all liabilities,
expenses (including legal fees) and damages arising out of claims based upon or
relating to the use of your web-pages, including any claim of libel, defamation,
violation of rights of privacy or publicity, loss of service, non-supply, fraud,
infringement of intellectual property or other rights or other claims
whatsoever.
WIS will notify you promptly of any claim for which WIS seeks
indemnification at the currently supplied address. WIS will afford you the
opportunity to participate in the defence of such claim, provided that your
participation will not be conducted in a manner prejudicial to WIS's interests,
as reasonably determined by WIS and/or their lawyers.
- NOTICES AND CONSENTS
Notices given by WIS to you will be given by Email or by a general posting
on WIS's home pages, or by conventional mail.
In any matter requiring WIS's prior consent, such consent must be given in
writing by an authorised representative of MSP. Notices given by you to WIS may
be given by Email, fax or mail and will be confirmed conventional mail.
Notices to WIS may be sent by you to WIS's Email address given below, by fax
or conventional mail and must be confirmed by conventional mail.
- ASSIGNMENT OF RIGHTS
Neither party will assign this Agreement or any benefits or interests arising
under this Agreement without the prior written permission of the other party.
- GENERAL TERMS AND LAW
If WIS suspect Illegal Activity, we may notify the authorities and reserve
the right to do anything on the system which out lawyers advise us to do in the
protection of the system.
This Agreement is governed by the laws of the United Kingdom, and you
consent to the exclusive jurisdiction and venue of the Central London County
Courts or the London High Court in all disputes arising out of or relating to
your use of the WIS subscription.
You acknowledge that no joint venture, partnership, employment, or agency
relationship exists between you and WIS as a result of your use of WIS. You
agree not to hold yourself out as a representative, agent or employee of WIS.
You agree that WIS will not be liable by reason of any representation, act or
omission to act by you.
WIS's performance under this Agreement is subject at all times to existing
laws and legal process and nothing contained in this Agreement is in derogation
of WIS's right to comply with law enforcement requests or requirements relating
to a Subscribers use of WIS or information provided to or gathered by WIS with
respect to such use.
- SEVERABILITY
If any of the provisions of this Agreement is judged to be illegal or
unenforcement, the remainder shall continuation in full force and the effect of
the remainder of them will be not be deemed to be prejudiced (unless the
substantive purpose of this Agreement is then frustrated, in which case either
party may terminate this Agreement forthwith on written notice).
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between WIS and you with respect
to your use of WIS and the WIS subscription, and it supersedes all prior or
contemporaneous communications and proposals, whether oral or written, between
WIS and you with respect thereto. Each party confirms that it has not relied on
any representation not recorded in this document inducing it to enter into this
Agreement.
