Terms and Conditions for the Use of SYS3 Internet Services
If you subscribe to our connectivity services, your use of the SYS3 Internet Services ("Services") is subject to the following Terms and Conditions and Acceptable Use Policy.
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 RESERVES THE RIGHT TO CANCEL YOUR ACCOUNT(S), IN ADDITION TO OTHER REMEDIES IT MAY PURSUE.
SYS3 provides technical support for the Internet services between the times of 9:00am - 5:00pm, Monday to Friday.
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 sign-up process relates to you and is accurate. At any given time on your account, only one person is authorised to access the services unless otherwise agreed.
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 WITHOUT 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 as identified as or claimed by SYS3 as proprietary to SYS3 (and its licensors).
Data and Email
SYS3 assumes no liability to damage to account files, loss of data, or connect time charges attributable to your failure to maintain confidentiality or protect your passwords from unauthorised 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 it SYS3 suspects that such activity 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 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 or information made available through the Services.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SYS3 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 DISPLAIMED 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 SY3 RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THESE SERVICES.
UNDER NO CIRCUMSTANCES SHALL SYS3, ITS AFFILIATES, ITS LICENSORS, 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 OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, 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 UNAUTHORISED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNTS, 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 UNUED BALANCE OF THE USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If the 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 exlusive 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 ACTIVTIES. SYS3 RESERVES THE RIGHT, AT ITS OPTION AND IN ITS REASONABLE GOOD FAITH DISCRETION, TO PROVIDE INFORMATION ABOUT YOU OR YOUR ACCOUNT WITH 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:
Unauthorised copying of copyright material including, but not limited to, digitisation 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 UK or other applcable 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 group. 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. Harrassing others by "mail-bombing", "news-bombing" or "spamming".
"Mail-bombing" constitutes sending more than ten (10) similar 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 utilising SYS3's Service or equipment or any SYS3 email address to send the same or substantially similar unsolicited email 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 implicats the use of SYS3's Service, SYS3's equipment or any SYS3 email address.
You specifically agree that you will not utilise 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 authorised 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 an ML-PPP connection.
Forging any message header, in part of 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 or another provider but channelling such activities through a Sys3 Internet or account 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 THE USE OF THE SERVIFCES 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 TEMPORARILIY SUSPENDING YOUR ACCOUNT OR PERMANENTLY CANCELLING YOUR ACCOUNT AND TERMINATIONG YOUR ACCESS TO THE SERVICES.
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 licence agreement.
The software may be used or copied only in accordance with the terms of this agreement.