Bush Internet Terms & Conditions These are the terms and conditions you must agree to in order to use the Bush Internet services.
- Definitions in this agreement
- "Charges" means the charges for the Customer
Support and any other services or goods which you purchase from Bush
Internet from time to time;
- "Customer Support" means support provided by
the Bush Internet call centre;
- "day" means each day of the week including
Saturdays, Sundays and public holidays;
- "the Internet" means the global data network
comprising interconnected networks using Transmission Control
Protocol/Internet Protocol;
- "Service" means the service provided by Bush
Internet whereby you may gain access to the Internet via the
telecommunications network and, where applicable, any services and
facilities provided by Bush Internet for you in connection with the
Service;
- "you" and "your" means you, the person
entering into this agreement with Bush Internet;
- "Bush Internet" or "we" means Bush Internet
which is a trading name of Net Access Limited (Registered No 4350807, 49a High Street, Ruislip, Middlesex HA4 7BD)
- Bush Internet will:
- provide high standards of Customer Support,
answering calls between 08:00 and 24:00 seven days per week;
- provide sufficient access servers to ensure a
high standard of connectivity to the Service;
- ensure that original content created by or
for Bush Internet and offered through the Service meets normal
professional editorial and publishing standards;
- handle any personal information you might supply to us when you use our service in accordance with the Bush Internet Privacy Policy. In particular, if you provide personal information to Bush Internet, such as address, email address, telephone and fax numbers, as well as demographic and customer identification, we will not disclose (share, sell or divulge) it to external organisations unless we have informed you, been authorised by you, or are required to do so by law.
- You will:
- be responsible for interoperability between
your TV Set, Set-top box or Computer and the public telephone service;
- pay on demand the Charges;
- provide Bush Internet with your caller line identity (the telephone number of the line you are using to dial up the Internet) when requested by Bush Internet to enable us to identify and authenticate you when you use the service;
- You will not:
- commit or encourage any illegal or unlawful
act;
- publish, post, distribute or disseminate any
material which is offensive, or which we believe maybe abusive,
indecent, obscene or menacing, or in breach of confidence, copyright,
privacy or any other rights;
- do anything which is contrary to the
acceptable use policies of any connected networks and Internet
standards;
- insert or knowingly or recklessly transmit,
distribute, upload or otherwise make available emails, software, data
or files that contain a virus or corrupt data;
- seek unauthorised entry into back office;
- hack into any aspect of the Service;
- corrupt data;
- circumvent, or attempt to seek to circumvent,
any of the security safeguards of Bush Internet or any of its
suppliers;
- threaten, harass, stalk, abuse, disrupt or
otherwise cause annoyance to subscribers or others;
- use any domain name or mailbox name so as to
infringe upon the rights of any other person whether in statute or
common law, in a corresponding trade mark or name;
- send any unsolicited advertising or other
promotional material, commonly referred to as "spam" by email or by
any other electronic means; or
- send email or any other type of electronic
message, software, files or data with the intention or result of
affecting the performance or functionality of any computer facilities
or equipment;
- hold Bush Internet or any of its third party
contractors liable in relation to the accuracy, reliability,
availability and performance of resources accessed through the
Internet which, you acknowledge, are beyond the control and are not in
any way warranted or supported by Bush Internet or its third party
contractors; or
- permit any third party to do any of the above.
- Software and content:
- Intellectual property rights in all software
and content supplied to you remains the property of Bush Internet or
its licensor or other content owner. You will comply with the terms of
any agreement required by the owner of intellectual property rights in
all software and content supplied to you as notified to you.
- You may store, manipulate, analyse, reformat,
print and display the content supplied solely for your own personal
use. In no event are you permitted to publish, re-transmit,
re-distribute or otherwise re-produce any of the content supplied to
you or which appears on this site in any format to anyone and you are
prohibited from using any such content in connection with any business
or commercial enterprise including, without limitation, any
securities, investment, accounting, banking, legal or media business
or enterprise.
- You may use any software supplied by Bush
Internet for downloading onto a TV set, Set-top box or computer
("device") on any single device and on a second device provided that
the first and second devices are not used simultaneously and you may
make one copy of such software only for archival or back-up purposes
and provided that any copy contains all of the original software's
proprietary notices (including intellectual property notices).
- You shall not modify, translate, reverse
engineer, decompile, disassemble (except to the extent that applicable
laws specifically prohibit such restriction) or create derivative
works based on any software supplied by Bush Internet or any
documentation accompanying such software.
- You shall comply with the terms and conditions of use in relation to the software provided with the Service as made known to you by Bush Internet, and with any applicable export or re-export laws and regulations, including obtaining written authority from the USA Government if you intend at any time to re-export any items of USA origin to any proscribed destination.
- No warranty:
- 1. Bush Internet is providing the Service and the sites included in the Service on an "as is" basis and makes no representations or warranties of any kind with respect to those sites, the content contained in them (including any text, graphics, advertisements, links or other item), the Service or any software or content supplied to you and disclaims all such representations and warranties. In addition, neither Bush Internet, its third party contractors nor any other contributor to the Service or the sites makes any representation or gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the content or software contained on the sites or supplied in connection with the Service or that any such content or software will be accurate, up to date, uninterrupted or error free.
- Indemnity:
- You acknowledge that you are solely
responsible for the use to which you put the Service and all
information, data and results you obtain from using it and that all
warranties, conditions, undertakings, representations and terms
whether expressed or implied, statutory or otherwise are hereby
excluded to the fullest extent permitted by law.
- Save in respect of liability for death or personal injury arising out of negligence, Bush Internet and all contributors to the Service and sites included in the Service hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated savings incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this site, the Service or any software or content supplied to you in connection with the Service, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Bush Internet or its employees or agents are advised of the possibility of such damages, losses or expenses.
- Variation of content:
- Bush Internet reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content supplied in connection with the Service or which appears on any page of this sites included in the Service.
- Submissions:
- Information and material published on the
Freespace area of the Bush Internet site owned by you shall remain
owned by you; however, you hereby grant to Bush Internet a
royalty-free, irrevocable licence to copy and distribute such
information and material solely to the extent necessary to allow Bush
Internet to make the same available via the Service. For the avoidance
of doubt, this licence does not transfer ownership of the whole or any
part of such information or material or any copyright, idea, concept,
know-how or technique contained in the same.
- All information and material submitted to and accepted by Bush Internet via the Service by way of contributions to chats, discussions and user reviews shall be deemed to be and shall remain the property of Bush Internet. Bush Internet shall be free to use, edit, copy, republish and distribute (for any purpose) any such information and material. Bush Internet shall not be subject to any obligations of confidence regarding such information or materials except as required by law.
- Termination:
- Bush Internet may terminate this agreement
and the Service or may suspend a part of the Service by immediate
notice, if:
- you are in breach of any of the terms of
this agreement; or
- you have failed to use the Service in any 90 day period. However, in the event that Bush Internet terminates this agreement in accordance with this sub-clause it will reserve your electronic mail address or equivalent for a period of six months from the date of termination to enable you to re-register in that period should you so request, although all e-mail and webspace content will be deleted.
- Bush Internet may otherwise terminate this agreement by giving you not less than one month's prior written notice of termination. For the avoidance of doubt, such written notice may be sent by electronic mail.
- Invalidity:
- If any part of our terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Governing law:
- These terms and conditions shall be governed by and interpreted in accordance with the laws of England and Wales whose courts shall have jurisdiction to resolve any disputes between us.
- Notices:
- Notices given under this agreement shall be delivered by hand or sent by prepaid first class post or electronic mail in the case of either party. Electronic mail shall be deemed to be delivered when it is sent.
- Entire agreement:
- These terms and conditions set out the whole of our agreement relating to our supply of the Service. They cannot be varied except in writing, which can be delivered by electronic mail by Bush Internet. In particular nothing said by any sales person on behalf of Bush Internet should be understood as a variation of these terms and conditions or an authorised representation about the Service or the nature and quality of items displayed thereon. Bush Internet shall have no liability for any such representation being untrue or misleading.
Freespace Bush Internet pursues a policy of improvement and development to its services. These conditions are subject to change without notice. The information contained herein is correct at the date of publication; however, it may be subject to revision and the service may be modified, supplemented or withdrawn.
- Freespace usage is limited to 5 Mega Bytes (5MB) of space for email usage only. In addition, a 1MB limit will be applied to the size of individual emails received by Bush Internet accounts.
- Freespace is provided at no extra cost.
- Bush Internet will provide a suite of CGI
scripts for user use. No user-written CGIs will be accepted.
- Support for the service does not include HTML
authoring or page design. There are help pages for our service at Help
search.
- Users are responsible for retaining copies of
their files. Bush Internet will not keep backups of your data.
- A warning page must be displayed before any
material liable to offend is displayed.
- Users will be held responsible for and accept
responsibility for the content of their part of Freespace.
- Users may not "sell on" Freespace to third
parties. However users may use their Freespace to advertise for example
their own business or a charity.
- Bush Internet reserves the right to suspend the
service in any cases where the Freespace service is used contrary to the
provisions of The Telecommunications Act 1984 (as amended by the
Criminal Justice and Public Order Act 1994) in particular where the
service is being used: for the distribution of any material which is
defamatory, offensive, abusive or of an obscene or menacing character,
or in connection with the carrying out of an criminal act; or in a
manner which constitutes a violation or infringement of the rights of
any person, firm or company (included but not limited to rights of
copyright or confidentiality).
- Bush Internet reserves the right to stop
serving the pages of a user who alone or acting together in a parallel
manner with others jeopardises the efficient operation of Freespace for
other users.
- Bush Internet will not be held liable for any
loss however occasioned as a result of any part of the Freespace
service.
- Bush Internet hereby excludes all liability for
the accuracy or inaccuracy of any information or data held on the
Freespace machine and accepts no liability for loss of data or other
matters whatsoever which result from use of the Freespace service.
- Bush Internet reserves the right to remove,
suspend or alter any or all of the Freespace functions without warning
or notice. This may include removing users' material.
- If a user no longer holds an account with Bush
Internet, their data will be withdrawn and deleted.
- By using the service, users are deemed to have
agreed to and accepted these Terms and Conditions.
- These conditions are in addition to the
standard Bush Internet Terms and Conditions and your attention is drawn
to section 3 of those terms.
- Any decision in relation to this Freespace service made by Bush Internet is final.
Chat and Email Rules These rules are based on common sense and courtesy, and all users of services accessed through Bush Internet are expected to follow them. If you have any questions regarding these rules please look in our Help section to see if your question has been answered there, if not please feel free to contact us. And remember: you must be sensitive to your fellow Net user and to the nature of the Community areas at all times.
You may not:
- Harass or attack people based on any
discriminatory grounds, or behave in a manner which causes annoyance,
inconvenience or needless anxiety.
- Transmit content and/or language that is
unlawful, threatening, objectionable, in breach of confidence or
privacy. this includes swearing and the use of offensive nicknames.
- Act in any way which disrupts the dialogue in
any Chat area. This includes flooding, bombing or any other activity
which jeopardises the efficient operation of the Community area.
- Impersonate another person, including any
friend, relative, celebrity or member of Bush Internet staff.
- Post chain letters or pyramid schemes.
- Transmit advertising or solicitation.
- Send or receive material covered by
intellectual property laws without authority, nor may you send material
that contains viruses or any corrupted data.
- Indulge in any activity that may in our opinion have an adverse affect on the atmosphere of the Community area.
Bush Internet reserves the right to withdraw Email addresses allocated by Bush Internet and ending in @bushinternet.com either temporarily or permanently from the user without notice where Bush Internet considers the email address inappropriate for any reason. The user may then be offered an alternative email address.
Compliance & Consequence By entering the Community area you are deemed to have agreed to and accepted these rules. If you fail to respect these rules, you may receive one or more warnings, after which you will receive either temporary or permanent exclusion from Bush Internet, depending on the severity of your breach. If you a subscriber to Bush Internet you may have your membership terminated. Bush Internet is not obliged to give reasons for any of the above actions, or to enter into protracted correspondance.
Responsibility and Liability: Bush Internet Bush Internet does not undertake to monitor conduct, communication or content which might violate these rules, nor can we ensure prompt editing or removal of actually or potentially violating content after posting. However, Bush Internet reserves the right to remove any material from the service at any time and for any reason. Bush Internet does not endorse, oppose or edit any opinions expressed by a member or independent party or content provider. Bush Internet is not responsible for the accuracy or truthfulness of advice or information or data provided online and is not responsible for the consequences of acting on such information. Neither Bush Internet nor any of its third party contractors is liable for material found over the Internet, or for the adverse treatment of any material which you place on Bush Internet or the Internet.
User You hereby
grant Bush Internet the royalty-free perpetual irrevocable non-exclusive
right to edit, copy, republish and distribute any materials, data or other
information that you submit via Bush Internet, and you will not submit any
content unless you are able to grant this right. You will comply with the
terms of any agreement required by the owner or licensor of intellectual
property rights in all software and content that you access via Bush
Internet. Before you download a file be sure to check for viruses or
corrupted data, and don't download a file that you know or have reason to
believe cannot legally be distributed via Bush Internet. Please remember
that you can be held legally liable for what you say or do online. For
example, you can be held accountable for defamatory comments, threats and
statements that are illegal or fraudulent. Bush Internet may change or
amend these rules at any time, and will post any changes online. If you
have any comments on these rules please feel free to contact us. |