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| In these terms and conditions “we”, “us”, “our” and the “Company“ refers to NJP Services Ltd, 61 London Road, Blackwater, Camberley, Surrey, GU17 0AB and “you”, “your” and “yours” refers to the main registered adult user. You are responsible for ensuring that your ScotDSL internet account is not abused and that all legitimate users of your ScotDSL account observe these terms and conditions and the Acceptable Use Policy. The term “week” refers to a timescale beginning Monday at 00.00 hrs and ending 23.59 hrs the following Sunday. | |
| 1 | In these terms and conditions the following terms shall have the meanings allocated to them: |
| 1.1 | "Agreement" means these terms and conditions, the Price List, the Registration Details and the Technical Requirements; |
| 1.2 | "BT" means British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ; |
| 1.3 | "Charges" means the charges payable by you for the Service and the Modem, details of which appear on the Price List; |
| 1.4 | "Helpdesk Facility" means the facility provided by ScotDSL to report faults in the Service; |
| 1.5 | "Minimum Period" means a period of 1 month commencing from the Start Date; |
| 1.6 | "Modem" means the high-speed modem and ancillary equipment that is purchased by you from ScotDSL when you subscribe to the Service that enables you to connect your PC to the public telephone network and access the Internet; |
| 1.7 | "Premises" means the residential address at which ScotDSL agrees to provide the Service to you; |
| 1.8 | "Order Date" means the date on which you accept these terms and conditions and thereby place an order for the Service and Modem. |
| 1.9 | "Price List" means the prices published by ScotDSL on the sign up pages of charges payable for the Service and the Modem, as may be amended by ScotDSL from time to time. |
| 1.10 | "Privacy Policy" means the privacy policy governing our use of the personal information that we collect from you in connection with the Service and set out on our website |
| 1.11 | "Registration Details" means the personal information you provide on registration for the Service; |
| 1.12 | "Service" means the ScotDSL Broadband service that provides you with high-speed access to the Internet via your BT telephone line whilst retaining the ability simultaneously to carry out voice telephone conversations. |
| 1.13 | "Service Availability Area" means a geographic area specified by BT where the Service is potentially available |
| 1.14 | "Exit Fee" means that in the event that you wish to move providers or cancel the service provided to you, within the first 12 months you will be liable to pay a fee equivalent to the connection fee that you would have paid if the service had not been offered with free connection. These fees are currently £85 including VAT for new connections and £20 including VAT for migrating in customers. |
| 1.15 | "Start Date" means the date when the Service or any part of it is first made available to you or when you first start to use the Service, whichever is the earlier. |
| 1.16 | "Technical Requirements" means the requirements to enable the Service to be provided to you as published on ScotDSL's website |
| 1.17 | "You/your" means the person with whom ScotDSL is making the Agreement, as specified in the Registration Details. |
| 2 | The Service |
| 2.1 | Registering with the Service gives you the ability, subject to Clause 4, using a PC (of appropriate specification) and Modem, to access the Internet on an 'always-on' basis at transmission speeds of up to 8MB.This entitles you to access to the internet for one calendar month (irrespective of the length of that month). |
| 2.2 | The Service will be provided or procured by ScotDSL with reasonable skill and care and in accordance with the provisions of this Agreement. |
| 2.3 | The Service is provided for use by residential consumers and business or commercial customers of ScotDSL. |
| 2.4 | Before we can be sure that we can provide you with the Service we need to do the following: (a) Perform a telephone line test and check that you are in a geographical area where you can receive the Service; (b) confirm that you have successfully installed the Modem needed for you to receive the Service; (c) activate the Service; |
| 2.5 | If we are unable to provide you with the Service because the conditions in 2.4 cannot be successfully satisfied, such satisfaction to be determined solely by us, then: (a) we will notify you as soon as possible; (b) we are entitled to the return of the modem. Please retain original packaging. (c) we will refund any payments made for the Modem and the Service including the cost of returning the modem to us. |
| 2.6 | In the event that you move from the Premises, and you wish to continue to receive the Service, we shall terminate your Service and you will be required to register again for the Service and commit to the Minimum Period at our then current rates. If termination is during the Minimum Period you will be charged for the Service up to the end of the Minimum Period. |
| 2.7 | In the event that you terminate your telephone account with BT or you change the services on the telephone line on which you currently use the Service, so that the Service is unable to operate normally, your Service will terminate and you will be liable for the Charges during the Minimum Period. |
| 2.8 | BT requests that we inform you that activation of the service may result in you experiencing a temporary loss of your analogue BT line. |
| 3 | Personal Information |
| 3.1 | The Registration Details that you provide shall be true, accurate and complete. You agree to inform ScotDSL of any changes to your Registration Details immediately by using the secure members control panel. |
| 3.2 | ScotDSL will respect your personal information and undertakes to comply with all applicable UK Data Protection legislation. |
| 3.3 | In relation to your Registration Details, you agree and hereby consent to ScotDSL passing those details to BT and to such other third parties as may be necessary in order to provide and operate the Service and deliver the Modem. |
| 3.4 | Use of your Registration Data will be in accordance with our Privacy Policy. If applicable, our use will however be subject to any limitations you selected or choices you made on the registration form in which you have provided Registration Details. As a member of the Service you agree that we may send you information mailings regarding the Service. |
| 3.5 | Other than as required by law, or as permitted under this Agreement, ScotDSL shall not disclose your Registration Details to any third party without your permission. |
| 4 | ScotDSL's Obligations |
| 4.1 | In consideration of the Charges, ScotDSL shall provide the Service in accordance with the terms and conditions of this Agreement. You acknowledge that ScotDSL's provision of the Service and its ability to provide the Service is dependent upon BT and its ability to provide certain parts of the Service to ScotDSL. You acknowledge that there may be technical limitations that inhibit the activation or provision of the Service. ScotDSL agrees to notify BT of any issues concerning the Service that you bring to ScotDSL's attention, but we cannot guarantee rectification of these issues by BT. |
| 4.2 | ScotDSL does not accept any responsibility for any defects or errors in either the Service or the Modem. |
| 4.3 | You acknowledge that ScotDSL cannot warrant that the Service will be interruption-free or that the transmission of information through the Service will be secure. The Service may be suspended for operational reasons (such as maintenance or Service upgrades) or because of an emergency. Before suspending or interrupting the Service (as aforesaid) ScotDSL shall use reasonable endeavours to give you as much notice as possible. |
| 4.4 | You acknowledge that it is technically impracticable to provide the Service free from errors and/or faults and ScotDSL does not undertake to do so. ScotDSL shall provide a Helpdesk Facility to enable faults to be reported and resolved but does not warrant that all faults will be corrected. |
| 4.5 | The obligations of ScotDSL to provide the Service shall be conditional upon the Technical Requirements being satisfied. You acknowledge that the Service shall not be available to you outside the Service Availability Area and that: (a) it will only be available to you if you have a valid contract for the use of a BT analogue direct exchange line which terminates on a master socket forming part of BT's telecommunications network; (b) you have a PC that satisfies the Technical Requirements; and (c) your Premises falls within the Service Availability Area. |
| 4.6 | Except as may be expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law. |
| 4.7 | You acknowledge that due to contention on both the BT network and ScotDSL's access link, the speed of the Service may be reduced or may not be available at times. |
| 5 | Your Obligations |
| 5.1 | You agree that you will be responsible for any equipment (including the Modem) that may be provided to you for the purpose of receiving the Service and that you will be responsible for all charges necessary to access and use the Service and that you will use any equipment (including the Modem) connected or used with the Service in accordance with any instructions, safety and security procedures applicable to it. |
| 5.2 | You agree to notify ScotDSL of any proposed move of Premises. |
| 5.3 | You agree that as part of your wish to take part in the Service, some minor modifications may need to be made to your PC to make it operate with the Service. It is your responsibility to ensure that such modifications do not invalidate the terms of any warranty you may have concerning your PC. ScotDSL shall incur no liability for any claim that your warranty has been invalidated (if applicable) as a result of work carried out by you, ScotDSL or its agents (including BT) in order to make your PC operate with the Service. |
| 5.4 | You will be allocated both a username and a password in order to access the Service and you will be responsible for keeping your password confidential and agree to take all necessary steps to ensure that it is kept secure and is not disclosed to any unauthorised person. You will inform us upon becoming aware of any suspected or actual unauthorised use of the Service and will take all steps necessary (or requested by us) to prevent such use. |
| 5.5 | You acknowledge that ScotDSL and/or its agents (including BT) may give you instructions from time to time which they believe are necessary for health, safety or quality of other telecommunications services provided by BT to you. |
| 6 | Use of the Service |
| 6.1 | You shall not use the Service: (a) in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (b) without prejudice to the generality of (a) above, in connection with the carrying out of a fraud or criminal offence against ScotDSL and/or its agents (including BT), or any public telecommunications operator; (c) to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights; (d) to send or procure the sending of any unsolicited advertising or promotional material; (e) in a way that does not comply with any instructions ScotDSL or its agents (including BT) has given under Clauses 5.1 and 5.5; (f) in a way that in BT's reasonable opinion could materially affect the quality of any telecommunications service, including the Service, provided by ScotDSL; (g) to store more than 10MB of email or 100 emails on your ScotDSL email account; (h) to send emails with attachments greater than 5MB in size. |
| 6.2 | ScotDSL shall have the right to enforce such provisions set out in Clause 6.1 above by suspending or terminating the provision of the Service to you if ScotDSL knows or reasonably concludes that you are in breach of such obligations. |
| 6.3 | You will indemnify ScotDSL and/or its agents against any claims or legal proceedings that are brought or threatened against ScotDSL and/or its agents by a third party: (a) because the Service is used in breach of any of Clause 6.1 (a) to (f) inclusive; or (b) in circumstances where you are in breach of Clause 6.2. 6.4 You will notify ScotDSL of any such claims or proceedings referred to in Clause 6.3 and keep ScotDSL informed as to the progress of such claims and proceedings. |
| 7 | Delivery of Modem |
| 7.1 | ScotDSL, or its representative, shall deliver the Modem to either the Premises or any other location (only in the United Kingdom) notified to us by you (and for the avoidance of doubt you shall be liable for any reasonable costs incurred by us in relation to carriage, postage and packing and any other applicable duties taxes and charges). |
| 7.2 | We shall use our reasonable endeavours to deliver the Modem to the notified location by the delivery date communicated to you. You should be aware that this delivery date is not guaranteed or of the essence of the Agreement. |
| 7.3 | You shall inspect the Modem immediately upon receipt and inform us in writing within 5 (five) days of delivery of any damage or missing items from the delivery. |
| 7.4 | If you fail to take delivery of the Modem (or fail to give us appropriate delivery instructions) unless this was out of your reasonable control then without prejudice to any other rights or remedies available to us, we may store the Modem until actual delivery and charge you for the reasonable costs (including insurance) of this storage. |
| 8 | Faulty Modem Replacements |
| 8.1 | In the event that ScotDSL provides you with replacement Modem as a result of a fault which is covered under the manufacturer's warranty you must return the faulty Modem to ScotDSL or its appointed agent in the prepaid returns envelope provided within 14 days. If you fail to return the faulty Modem to ScotDSL within 14 days, ScotDSL reserves the right to charge you the full replacement cost for such Modem unless actual proof of postage can be provided to ScotDSL. If the Modem is returned incomplete or not in the original condition then charges will be incurred. If the supplied Modem is found to be not faulty then a replacement will be sent to the customer but will carry a standard charge of £3 +vat to cover postage and packaging. This will therefore be the same model as the original Modem ordered. Alternatively you may change the model of Modem to be re-despatched, however, if there is a difference in sale value then an upgrade price will be incurred prior to despatch. If the Modem is returned for any reason and a subsequent Modem is not requested then your account type will be changed to the appropriate account type and charged accordingly. |
| 8.2 | Incurred Charges The following charges will be incurred if the above conditions are not met. Missing or Damaged Modem £55 +vat Missing or Damaged Driver CD £4 +vat Missing or Damaged USB lead £7 +vat Missing or Damaged RJ11 lead £7 +vat Missing or Damaged Filter £10 +vat Missing or Damaged Original Packaging £2 +vat |
| 9 | Insurance You will assume the risk of damage to or loss of the Modem from the moment the Modem is delivered to you. Despite you assuming this risk, until ScotDSL has received in cash or cleared funds payment in full for the Modem, you will not be deemed to own the Modem. |
| 10 | Modem Warranties and Liability |
| 10.1 | The Modem is covered by a manufacturer's warranty. You shall be responsible for contacting and returning any registration or warranty cards to the Modem manufacturer. |
| 10.2 | Before you install the software supplied with the Modem and before you connect the Modem to your PC, you should back up or save any data on your PC. |
| 11 | If You Must Return Your Modem |
| 11.1 | As a consumer, you have the right to cancel your agreement to purchase the Modem on the terms contained in this Agreement ("Modem Agreement") within 7 working days from the day after the date of delivery of the Modem. If you do exercise your right to cancel you must give us written notice by hand, post, or fax. So that there is no misunderstanding, you should be aware that, in accordance with Clause 16.2 you are not entitled to cancel the Service after the Start Date even if you have cancelled the Modem Agreement. |
| 11.2 | If you do exercise your right to cancel the Modem Agreement, as specified above, we shall, in accordance with the Distance Selling Regulations, reimburse any payment made by you under the Modem Agreement within 30 days from the day on which you give us this notice of cancellation. |
| 11.3 | You will not be entitled to cancel the Modem Agreement if you do not take reasonable care of the Modem either prior to cancellation of the Modem Agreement or, after cancellation while the Modem remains in your possession. To take reasonable care of the Modem you shall retain and keep the original box and packaging to the Modem in good condition and shall ensure that the Modem is stored in accordance with the manufacturer's recommendations. |
| 11.4 | If you do return the Modem, as specified above, you shall return it to ScotDSL using only a carrier approved by ScotDSL. If we are required to collect the Modem, we shall be entitled to charge you for the direct costs of so doing. |
| 12 | Intellectual Property Rights |
| 12.1 | You will agree to enter into any agreement reasonably required by the owner of the copyright in any software made available to you for the purpose of accessing the Service. |
| 12.2 | You acknowledge and agree that all intellectual property rights in the Service (including, without limitation, the Modem and any associated software) are vested and shall remain vested in ScotDSL, its agents (including BT), the Modem manufacturer or their licensors, as appropriate. |
| 13 | Intellectual Property Rights Indemnities |
| 13.1 | ScotDSL will protect you against all claims and proceedings arising from the infringement of any intellectual property rights by reason of ScotDSL's provision of the Service to you. As a condition of this you must: (a) notify ScotDSL promptly in writing of any allegation of infringement; (b) make no admission relating to the infringement; (c) allow ScotDSL or its agents (including BT) to conduct all negotiations and proceedings and give all their assistance in doing so (ScotDSL will pay your reasonable expenses for such assistance); and (d) allow ScotDSL or its agents (including BT) to modify the Service, or any item provided as part of the Service, so as to avoid the infringement provided that the modification does not materially affect the performance of the Service. |
| 13.2 | The protection in Clause 13.1 does not apply to infringements caused by the use of the Service in conjunction with other equipment or software not supplied by ScotDSL or its agents (including BT), or to infringements caused by designs or specifications made by you, or on your behalf. You will indemnify ScotDSL and its agents against all claims, proceedings and expenses arising from such infringements or alleged infringements |
| 14 | Charges |
| 14.0 | Your account runs from calendar month to calendar month commencing with the date upon which your application is accepted. Each subsequent payment is then collected there after every 30 (thirty) days unless extended by us for any reason. In making your application, you are asking us to commence the service to you immediately. Under the Consumer Protection (Distance Selling) Regulations 2000, you are entitled to cancel your account at any time within seven (7) working days of your application being accepted but in asking us to make your account available to you immediately, you are thereby waiving your right to cancel. Please also note that the account services continue to run for more than thirty (30) days. |
| 14.1 | All payments must be made by credit/charge card or alternatively by bank Direct Debit (if available). We will debit your credit/charge card account or bank account (as applicable) with your monthly fee until the expiry of any notice of termination under these terms. If for any reason we are not able to collect money from your account at any time, it will be deemed a material breach of these terms and your account may be suspended or terminated immediately without notice but without prejudice to our right to collect sufficient monies from you to cover any period of notice of termination which should have been given before terminating the account. If for any reason we are not able to collect money from your account at any time, we will continue to try to bill you every 24 hours until the transaction goes through successfully. As soon as the transaction clears, either using your existing details or the new ones you provide, your account will automatically be unsuspended. |
| 14.2 | If we continue your account despite non-payment, any unpaid monies will attract interest at an annual rate of 8% above HSBC Bank Plc base rate for the duration of the time the account remains unpaid. Interest will be calculated on a daily basis. |
| 14.3 | All monies due to us must be paid in pounds sterling (net). |
| 14.4 | You are not entitled to exercise any right of set off or other deduction against all monies due to us under these terms. |
| 14.5 | ScotDSL reserve the right to vary the Charges at any time on giving you 28 days notice in writing. We reserve the right to amend the policy relating to charges and their collection at any time. Any amendments will be effective fourteen (14) days after being conspicuously posted on the ScotDSL.co.uk website. |
| 14.6 | All Charges for the Service are inclusive of VAT at the applicable rate. |
| 14.7 | You warrant to us that you are over eighteen (18) years of age and that you are the holder of the credit card used for payment of your ScotDSL account from time to time. |
| 14.8 | We have a friends referral scheme that allows you to receive a discount on your monthly subscription. Each new customer that signs up for a broadband package quoting your customer ID number in the relevant areas of the sign up pages, will then automatically award you a £1.00 per month deduction on your own subscription. This deduction will then apply until this new user either ceases the service, or ceases paying for the service. |
| 14.9 | The deduction can increase for each successive new sign up quoting your ID number as long as these new accounts fulfill the conditions laid out in clause 14.8. |
| 14.10 | The total amount of deduction can equal only up to the total subscription paid per month, this offer carries no monitory value and therefore is not redeemable against any other offer. No monies are to be paid to yourself with regards this offer. |
| 15 | Limitation of Liability |
| 15.1 | ScotDSL accepts unlimited liability for death or personal injury resulting from its negligence |
| 15.2 | Neither party shall be liable to the other, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of or impairment of access to any data arising in relation to this Agreement including, without limitation, ScotDSL's ability to provide the Service. |
| 15.3 | The liability of ScotDSL in contract, tort (including negligence) or otherwise in relation to this Agreement is limited to the price paid by you for the Modem and the Charges in the year (commencing from the Start Date or any anniversary of the Start Date) in which the liability first arose. |
| 15.4 | Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply. |
| 16 | Term and Termination |
| 16.1 | This Agreement may be terminated at any time prior to the Start Date, however, if we have supplied you with a Modem you must either pay for the Modem or return such Modem to us (at our request) to the ScotDSL registered address, and we will refund you for any payment received from you for such Modem. |
| 16.2 | After the Start Date this Agreement may be terminated as follows and the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") will not apply to the Service: (a) by us on 28 days' written notice, unless we terminate pursuant to Clauses 2.6 and 2.7 without notice; however if we terminate your account for reasons other than stated in clause 6.2 you will be liable for payment to the value of the full term of the contract (the remainder of the Minimum Period). (b) by you using the Cancel Account link in your secure members control panel. Cancellation must be completed by using the Cancel Account link within your secure members control panel. Any purported cancellation by telephone, email, fax, post or any other form will not be acceptable and must be completed within your secure members control panel before it will be accepted and effective under these terms. (c) by you giving 7 days notice if we inform you of a material change to the Service or we give notice of an amendment to this Agreement pursuant to Clause 18 where such changes are to your detriment; If you give notice of termination of this Agreement, or we terminate pursuant to Clause 6.2, during the Minimum Period and the Service is available for you to use, you must pay all Charges payable during the Minimum Period. |
| 16.3 | Either party may terminate this Agreement immediately, on notice if the other: (a) commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or (b) commits a material breach of this Agreement which cannot be remedied; or (c) is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets. |
| 16.4 | ScotDSL shall be entitled to terminate this Agreement in the event that: (a) the contract between ScotDSL and BT enabling ScotDSL to provide the Service is terminated; (b) the service provided to ScotDSL by BT is not of the quality deemed by ScotDSL to be appropriate to provide the Services; or (c) you no longer have a valid contract for the use of a BT analogue direct exchange line as referred to in Clause 4.5(a). |
| 16.5 | If any of the events detailed in Clause 16.3 occur as a result of your default, ScotDSL may suspend the Service without prejudice to its right to terminate this Agreement. Where the Service is suspended under this Clause 16.5 you must pay all the Charges due in respect of the Service until this Agreement is terminated. |
| 16.6 | In the event that ScotDSL agrees to you terminating this Agreement before the expiry of the Minimum Period, you must pay all the Charges due up to and including the date of expiry of the Minimum Period. |
| 16.7 | Termination in accordance with this Clause 16 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are expressed to survive this Agreement or impliedly do so shall remain in full force and effect. |
| 16.8 | In the event that ScotDSL agrees to you migrating your connection to an alternative provider, you must pay all the Charges due, up to and including the date of expiry of the Minimum Period. |
| 16.9 | If you terminate without notice or cause us to terminate in accordance with our rights in these terms, fees will be due until the date that termination would have been effective had proper notice been served. No part month payments or refunds will be entered into at any time. You undertake not to withdraw authority to debit your credit card for fees due in respect of any notice period. You acknowledge therefore that withdrawal of your authority for the card to be debited or any attempt to persuade your credit card service provider to charge back any monies debited lawfully under these terms will be treated as the criminal offence of fraud and carries a standard administration fee of eighty pounds (£80). |
| 17 | Events Beyond Our Control |
| 17.1 | If either party is unable to perform any obligation under this Agreement because of a matter beyond that party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving that party's employees), or acts of local or central Government or other competent authorities or events beyond the reasonable control of that party's suppliers, the party will have no liability to the other for that failure to perform. |
| 17.2 | If any of the events detailed in Clause 17.1 continue for more than one month either party may serve notice on the other terminating this Agreement. |
| 18 | Variation |
| ScotDSL reserves the right to vary the terms of this Agreement or the nature of the Service (where the technical specification of the Service is varied) at any time and ScotDSL will inform you of any such changes through email, newsletter or such other medium, as ScotDSL considers appropriate. | |
| 19 | Miscellaneous |
| 19.1 | The Agreement shall be governed by and construed in accordance with English Law and the parties hereby agree to submit to the exclusive jurisdiction of the Courts of England in respect of any dispute or matter arising out of or in connection with the Agreement. |
| 19.2 | This Agreement constitutes the entire agreement between the parties and supersedes representations, communications and prior agreements (oral or written). This Clause shall not apply to any statement, representation, or warranty made fraudulently, or to any provision of this Agreement that was induced by fraud for which the remedies available shall be all those available under the law. |
| 19.3 | Any notice or other communication to be given under the Agreement must be in writing to the other party and may be delivered or sent by email, pre-paid first class letter post or fax transmission at the party to be served last known address. Any notice or document shall be deemed served if delivered, at the time of delivery; emailed, at the time of delivery to your email server; posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission. |
| 19.4 | This Agreement shall not be assigned, sub-contracted, novated, sub-licensed or otherwise disposed of by you. ScotDSL reserves the right to assign, sub-contract or otherwise transfer its obligations to provide the Service and/or supply the Modem to any third party. |
| 19.5 | The illegality, invalidity or unenforceability of any provision this Agreement shall not affect the continuation in force of the remainder of this Agreement. |
| 19.6 | A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms. This clause does not affect any right or remedy of any person that exists or is available or otherwise than pursuant to that Act. |
| ACCEPTABLE USE POLICY | |
| 1 | The following constitutes guidance on the acceptable use of your ScotDSL Internet account. In this policy "we", "us", "our", "you" and "your" are given the same meaning as in ScotDSL Internet terms and conditions. "download" or "upload" means the amount of information downloaded or uploaded through the network, this is measured in Gigabytes "Gb". |
| 2 | You agree to accept responsibility for acceptable use by anyone using your account, whether authorised or not - this is for you to ensure that you keep passwords and user IDs sufficiently secure to prevent unauthorised access. |
| 3 | You must not disclose your password to any third party other than members of your household using your computer and telephone line. |
| 4 | You must not use your account to initiate or propagate chain emails or pyramid emails nor must you send malicious, bulk or unsolicited emails, whether of a commercial nature or not. |
| 5 | You must not do anything, which may lead to an excessive demand on the ScotDSL servers. |
| 6 | You must not email someone who has specifically requested that you do not do so. |
| 7 | You must make sure that your computer cannot be used to forward emails for a third party. |
| 8 | You must not send emails, attempting to disguise the fact that you have sent that email. |
| Unlawful Behaviour | |
| 9 | You must not use your account for illegal or unlawful purposes. In particular you must not do anything, which may be obscene, defamatory, cause offence, constitute an illegal threat or harassment or breach any third party intellectual property rights. You must also not use your account in order to gain or attempt to gain unauthorised access to any computer system including ours nor for any other illegal purpose. |
| Personal Use | |
| 10 | You may only use your account for personal, non-commercial use. If we have reasonable cause to suspect that your account is being used to business purposes, it will be deemed to be a material breach of our terms and conditions and entitle us to terminate your account immediately. |
| Network Abuse | |
| 11 | The Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. |
| General | |
| 12 | Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and will involve and co-operate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following : In applying for internet access and an email account through ScotDSL you are accepting the terms and conditions set out above including also the terms of our Acceptable Use Policy accessed on the page containing these terms. We may change these terms or our Acceptable Use Policy at any time by posting the amended terms conspicuously on the ScotDSL website (“the Website”) and any variations will be effective fourteen days after they have been posted on the website. |
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