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TERMS AND CONDITIONS FOR THE USE OF ALKAZAR INTERNET
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Alkazar is a product of the Digital Construction Company Limited
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| 1. |
Interpretation |
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1.1 |
In this agreement the following expressions shall have the following meanings unless the
context otherwise requires:
| "User" |
You - the user of Alkazar Internet. This includes anyone else in your company who
will use Alkazar Internet from the computer on which you install Alkazar Internet, or any representative of
your company requesting the services of Alkazar Internet or the Digital Construction Company. |
| "Alkazar Internet" |
Alkazar Internet is the free Internet Service provided by The Digital Construction
Company Limited. |
| "Services" |
Everything that Alkazar Internet provides for the User as listed in the core of
this document. |
| "The Digital Construction Company" |
The Digital Construction Company Limited, whose registered office is Half Acre,
Bredons Hardwick,
Nr Tewkesbury,
Gloucestershire,
GL20 7EE and who are the sole owners of Alkazar Internet |
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1.2 |
The headings in the Conditions are for convenience only and shall not affect the
interpretation of this agreement. |
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| 2. |
The obligation of the User |
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2.1 |
The user will not use Alkazar to do any of the following: |
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2.1.1 Publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information.
2.1.2 Threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights or privacy and publicity) of others
2.1.3 Engage in unlawful activities
2.1.4 Knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to the User
2.1.5 Knowingly make available or upload files that contain a virus or corrupt data
2.1.6 Falsify the true ownership of software or other material or information contained in a file that the user makes available.
2.1.7 "Spam" or otherwise deliberately abuse any part of Alkazar Internet
2.1.8 Obtain access, through whatever means, to notified restricted areas of Alkazar Internet
2.1.9 Perform any action that may damage the system or cause the service to be impaired, interrupted or less efficient.
2.1.10 The user is responsible for maintaining the confidentiality of the user name and password assigned at the registration stage.
Should they be disclosed to any other party, the user is under obligation to ensure that said party agrees to be bound by this agreement.
2.1.11 The user must notify Alkazar Internet immediately on becoming aware of any unauthorised use of the user name and password, or breach of
this agreement by any other party.
2.1.12 The user is responsible for keeping back-ups of any information stored by him/herself on the Alkazar Internet network. Alkazar
Internet cannot be held responsible for any data lost. |
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2.2 |
In the case of an 0845 access, the user is responsible for paying for the local telephone call charges at the rate publicised by the telephone operator with whom they
make their calls. The contract and charges for the telephony access to Alkazar Internet is between the user and their telephony service
provider, not Alkazar. In the case of monthly fee charges, the user is responsible for ensuring that all payments are made on or before the
due date as laid out on completion of the order. |
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2.3 |
The user is responsible for paying for equipment needed to access Alkazar Internet, such as a modem and computer. |
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2.4 |
The user must provide complete, current, true and accurate information as and when requested during the registration procedure as
well as throughout the Alkazar Internet web site. |
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2.5 |
The user will make prompt payment for any additional services it requests from Alkazar Internet that require payment.
The Digital Construction Company reserves the right to take further action to recover late payment
includng legal action and suspension of any and all services being used by you. Interest may be added to the total cost of any
late payment at a rate of 5% per week. |
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2.6 |
In the event of any problems or faults found with any part of Alkazar Internet, the user will inform Alkazar Internet as soon as is
practicably possible. |
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2.7 |
Where an e-mail address is provided by the user, we will use this as the preferred method of contact. It is the users responsibility
to make sure this address is regularly monitored. |
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2.8 |
It is the user's responsibility to ensure that The Digital Construction Company is informed of any change of address or telephone
number. We will not be held responsible for any correspondance lost that has been sent to an incorrect address, nor for problems that
arise as a direct result of this. |
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2.9 |
The user agrees that by submitting an order form for any additional services such as domain name registraton, website design
or web site hosting, they are entering into a legal contract with The Digital Construction Company and will be obliged
to make payment on the invoice that is sent at the cost advertised on the web site. |
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2.10 |
When a domain name is registered, it can be used for up to five e-mail addresses, however the user must dial up through the
Alkazar Internet ISP to send and receive e-mail on these accounts. Further accounts can be arranged on request for a
reasonable charge. |
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2.11 |
Domain names will be registered for a period of two years unless otherwise stated. At the time of renewal, it is the users
responsibility to notify the Digital Construction Company of their intent to renew. At such time, if the user wishes to retain ownership of the domain, remittance
is due immediately. If remittance is not recieved, the domain will be allowed to relapse. The Digital Construction Company Limited will not be held liable for any information lost
as a result of this. Any renewal requests received after the renewal date will be subject to a late-renewal administration fee.
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2.12 |
Where payment is made by standing order, the user should be aware that The Digital Construction Company has no power to control the
amount or frequency of the payment. When a cancellation of any service is made, it is the user's responsibility to contact their bank
to arrange the termination of any standing orders. When this action has not been taken by the user, The Digital Construction Company will
refund no more than three months of over-payment. |
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| 3. |
The Obligations of Alkazar Internet |
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3.1 |
Alkazar Internet agrees to provide to the best of its ability the following services: |
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3.1.1 Free Internet Access to businesses within the UK for the purpose of browsing web sites on the Internet or sending and receiving e-mail by way of 0845 access.
3.1.2 Broadband, Satellite and 0800 access to businesses within the UK at a monthly cost as advertised on the Alkazar web site.
3.1.3 One Free E-mail account or five under a domain that has been registered or renewed by us.
3.1.4£ Free hosting for up to five domains per registrant. Further domains can be hosted for a reasonable charge upon request.
3.1.5 Reliable web site hosting for a reasonable fee as advertised on the Alkazar Internet web site.
3.1.6 Access to the Alkazar Internet web site including UK Business specific information, on-line support,
and search facilities. These facilities are subject to change at the discretion of The Digital Construction Company.
3.1.7 Website design for fees as advertised on the Alkazar web site, or by direct quotation for bespoke designs. |
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3.2 |
In the event of any problems which adversely affect the services provided to the user found within Alkazar Internet by the user or
Alkazar Internet personnel, Alkazar Internet will make all reasonable effort to resume normal service as soon as is practicably possible. |
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3.3 |
From time to time, essential maintenance on the system and / or network will be necessary which may result in an interruption to
service. Alkazar Internet will make all reasonable effort to perform this maintenance as quickly as possible and when Internet usage is at
a minimum. |
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3.4 |
Alkazar Internet may need to store information provided by the user for administration or research purposes. This information will
be stored in accordance with the Data Protection Act of 1984 and 1998. No information will be passed on to a third party without the
express permission of the user. |
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3.5 |
Any changes to the Services provided, problems noted that may affect those services or any other notices relevant to the user will be
posted on the Alkazar Internet web site and / or e-mailed to the user at the address registered with Alkazar Internet as soon as is
practicably possible. |
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3.6 |
Should the cost of any of our services change in the future, new costs will be advertised on the Alkazar Internet web site. Where the cost
directly affects the user, make reasonable attempts to inform the user, where they will be given the opportunity to end any contract
with The Digital Construction Company. All costs advertised on the web site exclude VAT unless otherwise indicated. In the case of an ongoing cost,
such as web site hosting, payment will be due by standing order on the first of each month. The Digital Construction Company will provide
VAT receipts no later than quarterly in arrears. |
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| 4. |
Liabilities |
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4.1 |
Alkazar Internet can not be held responsible for the content of users’ web sites, e-mails, news postings or any other material
distributed throughout the service, or any information and material that is accessed by the user through Alkazar Internet. |
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4.2 |
Alkazar Internet is not responsible for any material transferred from the User’s computer that infringes the laws governing but not
exhaustively covering, copyright, trademarks, pornography, or any other material which is slanderous, defamatory or might cause
offence in any other way. |
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4.3 |
Alkazar Internet will take every reasonable step possible to ensure a fast and reliable service. Alkazar Internet cannot be held
responsible for any disruption in service, however caused, loss or corruption of any information in transit, or loss or corruption of
information when downloaded onto computer systems. |
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4.4 |
The user agrees to indemnify Alkazar Internet from any clause or legal proceedings arising from the use of the service which are
brought against it. |
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4.5 |
In no event shall Alkazar Internet be liable to the customer for economic loss (including loss of profit, business, goodwill, revenue,
or anticipated earnings) loss arising from any claim made against the customer by a third party, special indirect or consequential damage,
loss or damage arising from the customers failure to comply with its obligations to Alkazar Internet, loss of, incorrect or spoiled data or
information, howsoever caused and even if foreseeable, or contemplated by Alkazar Internet. |
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4.6 |
Alkazar Internet cannot be held responsible for any goods or services obtained through Alkazar Internet from a third party, or any
transactions entered into through Alkazar Internet with a third party. |
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4.7 |
Alkazar Internet have no control over the information which can be accessed outside of the Alkazar web site and cannot be held
responsible for the availability of such services, whether or not accessed through the Alkazar Internet service. Alkazar Internet do
not endorse and are not responsible or liable for any content, advertising, products or other materials on or available through the
Alkazar Internet web site. Alkazar Internet cannot be held responsible or liable directly or indirectly for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or
resources. |
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4.8 |
Should the user breach the terms of this agreement, the services provided to that user will be suspended. On suspension, Alkazar
Internet will be entitled to payment on demand of any outstanding amounts owed by the user, as well as any reasonable costs associated with
such suspension and future reconnection. |
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| 5. |
The Rights of Alkazar Internet |
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5.1 |
Alkazar Internet reserve the right to: |
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5.1.1 Make changes to these terms and conditions. Should the user not accept the changes on notification, Alkazar
Internet reserves the right to terminate services provided to the user.
5.1.2 Charge the user for services requested in addition to those laid out in Clause 3.1.
5.1.3 Remove information which Alkazar Internet deems to be unsuitable without notice.
5.1.4 To bring to the attention of the proper authorities any illegal activities being conducted, or apparently
conducted using Alkazar Internet, and shall disclose user details to these authorities should the request it.
5.1.5 Remove any data which will adversely affect the quality of service for other users, such as excessive
amounts of e-mail, however Alkazar Internet will make all reasonable attempts to contact the user before such action is taken.
5.1.6 Register requested domain names in the name of the user, but with The Digital Construction Company as technical
and billing contact.
5.1.7 Retain ownership of the domain until all outstanding bills have been paid by the user. If the user fails to make payment
for the domain within the specified time, The Digital Construction Company reserves the right to sell the domain to another party or retain ownership for itself.
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| 6. |
Termination |
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6.1 |
The users account will be terminated and all data deleted without notice if: |
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6.1.1 The account is not used at least once in a 60 day period.
6.1.2 The user has breached these terms and conditions in any way.
6.1.3 Payment has not been received for additional services requested by the user after a period of 30 days
from the date of the invoice.
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6.2 |
The user may terminate the account at any time giving 30 days notice by way of e-mail to Alkazar Internet. Information and data
relevant to the user will be removed from the Alkazar network. |
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6.3 |
Alkazar Internet reserves the right to make reasonable charges for additional services requested by the user during the termination
process, for example, e-mail forwarding or transfer of domain name. |
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| 7. |
General |
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7.1 |
No waiver by either party of any breach of any part of this agreement shall be construed as a waiver of any other breach of
any provision. |
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7.2 |
These provisions of these Terms and Conditions shall still hold valid if any provision is held by any competent authority to be invalid
or unenforceable in whole or in part. |
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7.3 |
This agreement shall be governed by English Law and both parties agree to submit to the non-exclusive jurisdiction of the English Courts. |