Terms and Conditions For Use of Internet Services
Sys3 Internet is operated by Sys3 Ltd ("SYS3"). If you subscribe, your use of the Sys3 Internet services ("Services") is subject to the following Terms and Conditions and Acceptable Use Policy and is only available in the UK.
EXCEPT AS SET FORTH BELOW, FEES, IF ANY, FOR THE SYS3 SERVICES, AND THESE SYS3 TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY (COLLECTIVELY "TERMS AND CONDITIONS") ARE SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU VIOLATE THE TERMS AND CONDITIONS, SYS3 LTD RESERVES THE RIGHT TO CANCEL YOUR SYS3 ACCOUNT(S), IN ADDITION TO OTHER REMEDIES IT MAY PURSUE.
Sys3 Internet FREE INTERNET ACCESS
Under this Internet Access plan you will receive Free unlimited Internet Access via SYS3 0845 Local Call Rate Access Where Available Unlimited E-Mail Aliases 25Mb Web Space
SYS3 provides technical support for the Sys3 Internet service from times 9am-6pm Mon-Fri. All technical support calls are charged at 50p per minute at all times.
GENERAL TERMS AND CONDITIONS
You represent that you have the right and ability to enter into these Terms and Conditions. You affirm that the information you have provided during the signup process relates to you and is accurate. At any given time on your account, only one person is authorized to access the Services.
RESERVATION OF RIGHTS
SYS3 RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MAKE CHANGES AND MODIFICATIONS IN SERVICE, EQUIPMENT AND THE RATES AND TERMS OF THESE TERMS AND CONDITIONS AT ANY TIME WITH PRIOR NOTIFICATION. SYS3 RESERVES THE RIGHT TO TERMINATE THE SERVICES AT ANY TIME.
SYS3 reserves all copyrights and other rights in and to any content available through the Services and identified as or claimed by SYS3 as proprietary to SYS3 (and its licensors).
SYS3 shall provide Internet Services as specified on our web sites and in product literature. SYS3 does not guarantee modem access speeds, telephones lines, telephone traffic and other telecommunication factors which are outside its control, which may affect the speed that a particular modem can receive or transmit data. SYS3 does not control or in any way warrant the reliability, availability or performance of resources accessed through the Internet.
DATA AND EMAIL
SYS3 assumes no liability for damage to account files, loss of data, or connect time charges attributable to your failure to maintain confidentiality or protect your passwords from unauthorized users. SYS3 makes no guarantee and assumes no liability for the security of any data on any server, including secure servers. You acknowledge that there is no guaranteed privacy on the Internet and that SYS3 is not liable for any viewing or interception of your email, news, etc. by outside parties. SYS3 reserves the right to monitor your email, newsgroup and other activity if such activity adversely impacts SYS3'S Services or customers, or if SYS3 staff suspects that such activity is in violation of these Terms and Conditions.
25Mb of Web Space is provided as part of the service. In order to make use of this webspace you must first apply for it's activation.
LIMITATIONS ON USE
SYS3 reserves the right to suspend or cancel your Sys3 Internet account if it isn't used for a period of 45 days. SYS3 reserves the right to suspend or cancel your account if your use of the Sys3 Internet Services adversely impacts system performance or is in violation of these Terms and Conditions.
You acknowledge that Internet sites and use of the Internet (including, but not limited to, newsgroups, chat, message boards, IRC, FTP, and Telnet) might consist of, include or provide access to images, sound, text and other content that may be unsuitable for children and objectionable to adults. You acknowledge that SYS3 is not responsible for any such content or material and agree that access to such material through use of SYS3 services is at your sole risk. You acknowledge that safeguards relative to copyright ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. SYS3 does not evaluate, endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, material of information made available through the Services.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Sys3 Internet SERVICES IS AT YOUR SOLE RISK. NEITHER SYS3 NOR ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SYS3 OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES.
THE SERVICES ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
NEITHER SYS3 NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT IT WILL NOT IN ANY WAY HOLD SYS3 RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL Sys3, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Sys3. IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Sys3's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Sys3. in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
ACCEPTABLE USE POLICY
In addition to the foregoing limitations, you agree and acknowledge that SYS3 may enforce these Terms and Conditions against you if you engage in any illegal activities or in activities that are otherwise unacceptable under the Acceptable Use Policy set forth in this section.
YOU MAY NOT USE THE Sys3 Internet SERVICES FOR ILLEGAL PURPOSES OR IN SUPPORT OF ILLEGAL ACTIVITIES. SYS3 RESERVES THE RIGHT, AT ITS OPTION AND IN ITS REASONABLE GOOD-FAITH DISCRETION, TO PROVIDE INFORMATION ABOUT YOU OR YOUR ACCOUNT WHEN REQUIRED TO DO SO IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF CRIMINAL OR CIVIL MATTERS.
Activities which are prohibited as potentially illegal include, but are not limited to:
Unauthorized copying of copyrighted material including, but not limited to, digitization and/or distribution of the following works in any form: photographs from any copyrighted source (such as newspapers, magazines or books); musical works and recordings; movies and video; or copyrighted software. Exporting software or technical information in violation of U.K. or other applicable export control laws. Posting or emailing of "make-money-fast" schemes, "pyramid" or "chain" letters or other similar scams. Threatening bodily harm or property damage to individuals or groups. Making fraudulent offers of products or services. Distributing viruses to or from SYS3 networks and/or connected equipment.
Otherwise trafficking in illegal content. Attempting to access the accounts of others, or attempting to penetrate security measures of SYS3'S or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data. Harassing others by "mail-bombing", "news-bombing" or "spamming".
"Mail-bombing" constitutes sending more than ten (10) similar mail messages to the same email address. "News bombing" constitutes sending more than 10Mb of data to a newsgroup. "Spamming" constitutes the transmission of unsolicited commercial mass mailings.
Sending unsolicited email messages where the recipient objects to the content or receipt of the message is also prohibited under these Terms and Conditions.
A message is unsolicited if it is posted in violation of a USENET or newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages.
You acknowledge that you are prohibited from utilizing SYS3'S Service or equipment or any Sys3 Internet electronic mail address to send the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of SYS3'S Service, SYS3'S equipment or any SYS3 electronic mail address.
You specifically agree that you will not utilize SYS3'S service or equipment or any SYS3 electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day.
Even though not necessarily prohibited by law, you may not use the Sys3 Internet Services for or in support of inappropriate purposes, such as: Accessing, storing or transmitting pornographic content. Engaging in activities that are vulgar or profoundly offensive. Profoundly offensive activities include, but are not limited to, posting or transmitting of material in support of racial, religious or other unacceptable bigotry.
Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). Use of the same username and password combination for simultaneous login - except from the same equipment for the purposes of achieving a ML-PPP connection.
Forging any message header, in part or whole, of any electronic transmission, originating or passing through SYS3 servers. Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others.
It is also unacceptable to engage in an illegal or unacceptable activity using the service of another provider but channeling such activities through a Sys3 Internet account or re-mailer, or using a Sys3 Internet account as a mail drop for responses.
SYS3 RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO REMOVE ANY INFORMATION, SOFTWARE OR OTHER CONTENT OR MATERIAL ACCESSED OR PROVIDED THROUGH USE OF THE SERVICES THAT IS (1) POTENTIALLY ILLEGAL, (2) COULD SUBJECT SYS3 TO LIABILITY OR (3) OTHERWISE IN VIOLATION OF THESE TERMS AND CONDITIONS. SYS3 HAS THE RIGHT TO ENFORCE USE OF THE SERVICES BY TEMPORARILY SUSPENDING YOUR ACCOUNT OR PERMANENTLY CANCELING YOUR ACCOUNT AND TERMINATING YOUR ACCESS TO THE SERVICES.
These Terms and Conditions are non-transferable.
These Terms and Conditions constitute the entire agreement between the parties and shall be interpreted under the laws of England without reference to conflict of law principles. The software described in this document is furnished under a license agreement.
The software may be used or copied only in accordance with the terms of the agreement.
contact us by telephone on 0845 313 1919 or by email firstname.lastname@example.org.