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These terms and conditions form a legally binding agreement between you and Softwarewise. They apply to you whether or not you have paid for our service.
We are: Softwarewise
Our address is: 119 Walton Park, Peterborough, Cambridgeshire PE4 7ZA
You are: a user of our services
1 Acceptable use of the service
It constitutes a breach of contract by you and may result in immediate suspension from the service without notice, if any communication:
- contains sexually suggestive language;
- contains offensive, potentially offensive, threatening or abusive remarks, or remarks which are in any way unfriendly, even if these are in response to unfriendly language or behaviour;
- contains a reference to an illegal practice such as drug-taking;
- contains potentially libellous or unlawful remarks;
- contains dishonest statements;
- contains pointers to an external web site or e-mail address or phone number or other personally identifiable information;
- is written in CAPITAL LETTERS;
makes incorrect or negative comments about our staff or service, or which may discourage other members from using the service;
2 Definitions
"Content" means the information, photographs, graphics, and other material on the Web Site.
"Installation" means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
"Services" means all or any service provided by us through the Web Site.
"Web Site" means our web site, and includes all web pages controlled by us.
"User" means any person other than you who uses the Services or visits the Web Site for any purpose.
"we", "us", etc means us. Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods or service promoted on the Web Site. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.
"you" "yours" etc, means you, a person who visits our site, whether or not you have paid for our Services.
3 Changes to terms
We may change these terms from time to time. The terms that apply to you are those posted here on our web site on the day you use the website. When you subscribe as a Member, the terms that apply are those posted here on the day you subscribe. It may be useful to you to print a copy now.
4 Acceptable use Policy
You agree that you will not:
4.1 open more than one account;
4.2 allow another person to use your account, or transfer your account to another person;
4.3 divulge your password to another person;
4.4 send multiple messages containing the same or similar wording to us;
4.5 use or allow anyone else to use the Web Site to post or otherwise publish:
4.5.1 copyright works;
4.5.2 commercial
audio, video or music files;
4.5.3 any material
which violates the law of any established jurisdiction;
4.5.4 unlicensed
software;
4.5.5 software which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing;
4.5.6 links to any
of the material specified in this paragraph;
4.5.7 pornographic
material;
4.5.8 any material promoting discrimination or animosity
to any person on grounds of gender, race or colour.
4.6 use the Services for spamming. Spamming includes, but is not limited to:
4.6.1 the sending of junk mail;
4.6.2 the use of
distribution lists that include people who have not given specific
permission to be included in such distribution process.
4.7 use the Services in a manner which violates any city, local, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system.
4.8 resell, rent, lease or make commercial use of the Services without our express written consent.
5 Your information
5.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself so we can provide the relevant services to you.
5.2 When you provide your information to us, you are expressing your consent for us to use that information to advise you of new products and services and any other information we deem necessary in the course of our association. If you do not wish to be contacted for marketing purposes please write to us at the address given above.
5.3 We will never sell, rent or give away your information to outside companies.
6 Content and Intellectual Property Rights
6.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.
6.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
6.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
7 System Security
7.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
7.2 You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Web Site, or any software used on the Web Site, and that you will not permit any other person to do so.
7.3 You understand that any such violation may be unlawful and that any contravention of law may result in criminal prosecution.
7.4 Examples of violations are:
7.4.1 accessing data unlawfully or without consent;
7.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
7.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
8 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other User of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
9 Interruption to the Service
9.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.
9.2 You acknowledge that the Services may also be interrupted for reasons beyond our control.
9.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
10 Our liability
10.1 Your use of the Services is without any warranty or guarantee.
10.2 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.
10.3 We may make improvements or changes to the Web Site, the content, or to any of the products and services described on the Web Site, at any time and without notice to you.
10.4 You are advised that content may include technical inaccuracies or typographical errors.
10.5 We give no warranty and make no representation, express or implied, as to:
10.5.1 the truth of any information given on the Web Site by any Associate or third party;
10.5.2 any implied
warranty or condition as to merchantability or fitness for a
particular purpose;
10.5.3 compliance
with any law;
10.5.4 non-infringement of any right.
10.7 The Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
10.8 In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Web Site or the content available from this Web Site.
10.9 These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
11 Modification
We reserve the right to modify the Services and to change the terms of use of this agreement at any time, without notice. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.
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