TERMS
AND CONDITIONS
The Easypublish Terms and Conditions
2004.
The Terms & Conditions
below follow in principal those laid down by Easypublish.
In addition the follow apply:
EasyPublish will be referred to as the "Company".
Terms & Conditions define the "Site" as
any web page that is created by people, businesses or
similar organisations. Those submitting content to the
EasyPublish servers, whether for commercial or other
reasons, thereafter will be referred to as "Users".
By registering as a User, you agree to supply information
in a manner consistent with all applicable laws and
regulations and in accordance with the Terms & Conditions
set out below.
The Company reserves the right to impose additional
terms in respect of any User's content, such additional
terms shall be posted on the notices section on the
Site as they are introduced.
1. Terms of Use for Listings in the Directory
Page.
1.1. Listing on the site is available to any organisation,
profit or not-for-profit that registers all the required
information and provides an accurate, legitimate postal
and/or electronic mail address. Each User will be allocated
a unique User Name. This is not transferable. Please
review the "Termination of Service" clause
(Section 7) below for additional User information.
The Company allows one registered User per legitimate
electronic mail address. Any exceptions, including the
use of one electronic mail address by multiple users,
must be approved by the Company.
1.2. Each User may register more than one community
web site, but these will constitute separate agreements.
1.3 The Company does not discriminate on the basis of
age, gender, or ethnicity.
2. Guidelines relating to Web Page content
2.1. The Company provides Users storage space on dedicated
pages. The Company encourages the free exchange of ideas
but has established the following parameters and guidelines
for the Users section.
2.2. The Company is not responsible for the content
of any Users listings.
2.3. The Company reserves the right to review Users
content for material which, at the sole discretion of
the Company, is considered to be objectionable, offensive
or in any way undesirable. The Company reserves the
right to remove any content from the Users section at
any time without notice.
2.4. The Company provides space for Users information
but makes no implied or express warranties about the
reliability of these pages. The Company is not responsible
for any damage caused by loss of access to, or deletion
or alteration of User's pages.
2.5. The following is a non-exclusive list of actions
and content that are not permitted on the Site:
1. Any use of copyrighted material without the express
permission of the author or owner. With specific regard
to issues of software piracy, please see our Addendum
to the Terms of Service, below.
2. Pages that exploit the images of children less than
18 years of age.
3. Material that is grossly offensive to the Company,
the public, or other Users including clear expressions
of bigotry, racism, or hatred.
4. Pages that promote illegal activity.
5. Material that defames abuses or threatens others.
6. Making available tools, which can be used primarily
for "cracking" software (this does not include
tools that have legitimate uses for software developers,
system administrators, etc.)
7. Distribution of any other material that may involve
a breach of copyright. (for example, video)
3. Privacy
3.1. The Company will keep confidential its information
about a User which is of a confidential nature and
not supplied for inclusion on the Site.
The Company will not release the name or other personal
information about a User unless the User gives its
permission or it is required to do so by law or other
competent authorities or this is required in the course
of its administration on the Site.
3.2. The exchange between the Company and the User
of information such as electronic mail may not be
secure given the current state of the Internet.
4. Copyrighted Material
4.1. All material on the Site, including, without
limitation, text, software, photos, video, graphics,
music and sound, are protected by British and international
copyright laws, both as individual works and as a
collection.
Unless otherwise stated, the downloading or use of
copyrighted material provided by the Company or a
third-party content provider is allowed by Users for
its own internal business use only.
Users may not copy (save in connection with their
genuine internet business use), reproduce, retransmit,
distribute, publish, commercially exploit, or otherwise
transfer any such copyrighted material in any format,
electronic or otherwise.
4.2. No material protected by copyright may be placed
on the Site without the express consent of the owners.
4.3. With specific regard to issues of software piracy,
please see the Addendum to the Terms of Conditions
of Site Use in Section 12.
5. Limitations of Liability and Warranty
5.1. The User agrees that the use of the Site is entirely
at the User's own risk.
The Site is provided on an "as is" basis
without warranties of any kind, either express or
implied.
Neither the Company nor any third-party content provider
makes any warranty with respect to any content, information,
services, or products provided through or in conjunction
with the Site.
The Company and third-party content providers make
no guarantee of the accuracy, correctness, or completeness
of any information on the site and are not responsible
for:
a) any errors or omissions arising from the use of
such information;
b) any failures, delays, or interruptions in the delivery
of any content or services contained within the Site;
or
c) any losses or damages arising from the use of the
content or services provided by the Site.
5.2. On no account shall the Company have any liability
to the User for consequential, special, economic or
indirect loss, for loss of savings or goodwill or
for loss of revenue.
5.3 The aggregate liability of the Company to the
User arising in any calendar year in connection with
the Site, shall not exceed the sums passed by the
User to the Company in that year in respect of the
Site.
Nothing in these Terms & Conditions shall limit
or exclude the liability of the Company for death
or personal injury due to its negligence.
5.4. The User specifically agrees that the Company
or third-party content providers are not liable for
any conduct by Users associated with the Site, including,
but not limited to, User web pages, User profiles
or surveys.
6. Indemnity
6.1. The User agrees to indemnify the Company and
any third-party information provider against any and
all claims and expenses, including legal fees, arising
from the User's use of the Site.
This expressly includes:
(i) User's responsibility for any and all liability
arising from the violation or infringement of proprietary
rights or copyrights and
(ii) any libellous or unlawful material contained
within User web pages, profiles, or postings.
7. Termination of Service
7.1. The Company may terminate the agreement and any
and all information, communications, postings, or
web pages at any time, without notice, for conduct
that violates these Terms & Conditions or other
policies or guidelines set out by the Company elsewhere
on the Site.
7.2 The Company may terminate the agreement and delete
any and all information, communications, postings,
or web pages for online conduct that the Company believes
is harmful to other Users, the business of the Company,
or other third-party information providers.
7.3 The Company reserves the right to give three months’
notice of termination of the service. Any monies paid
for an unused period of service will be refunded pro
rata.
8. Force Majeure
8.1. If and to the extent that the Company is hindered
or prevented by circumstances not reasonably foreseeable
or beyond its reasonable control from performing any
of its obligations under this Agreement then it shall
be relieved of its liability to the User for failure
to perform such obligations.
9. Notice
9.1. All notices under this Agreement shall be in
writing, sent by [telex, facsimile, email, first class,
special or recorded post or email] to the notices
sent by receiving party at such address as has been
notified to the other party.
In the case of first-class post the date of service
shall be deemed to be the day on which the notice
posted. In the case of notices sent by telex, facsimile
or email the date of service shall be deemed to be
the day on which the notice was transmitted, subject
to a satisfactory transmission being obtained. In
the case of notices sent by special or recorded delivery
the date of service shall be deemed to be the date
of delivery.
10. Choice of Law
11.1 The Agreement shall be governed by and construed
in accordance with the laws of England and shall be
subject to the exclusive jurisdiction of the English
Courts.
11. Entire Agreement
11.1 These Terms & Conditions constitute the entire
agreement between the parties with respect to their
subject matter and supersede any other agreement,
proposals and communications, written or oral, between
the Company representatives and the User.
The Company may amend or supplement these Terms &
Conditions at any time on notice to the User as published
on the Site.
12. Addendum to Terms & Conditions of
Site Use
12.1 If the Company becomes aware of the presence
of copyright infringing material on its server either
in the course of its ordinary and reasonable business
activities, or through notification by a third-party
of the alleged presence of such materials, or as the
result of a content scan the Company will:
a) Contact the User responsible for the page and alert
him or her of the allegations of copyright infringement
and notify the User that within 24 hours the User
must respond explaining why the allegedly infringing
material does not constitute infringement of copyright.
The Company will also alert the User that in the absence
of such a response, the Company reserves the right
to delete the page(s); and
b) If the User fails to respond within five days,
the Company may remove the page.
If the alerted party responds to the allegations and
claims the page is not infringing, the Company may
either forward the response to the third party alleging
the infringement, or remove the page(s) or both.
If in its sole discretion, the Company concludes that
one of its User web pages contains a severe copyright
violation, the Company reserves the right to delete
the offending web page or site at any time without
notice.
c) For Users wishing to transfer their hosting services
to another supplier their will be a transfer fee of
£10 to cover administrative charges. In the
even that any domain names parked on our servers need
transferring then there will be a fee of £1
per name.
d) Due to abuse the original control panel system
has been discontinued. For an alternative secure control
panel system please contact us.
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