|
The paragraphs below set out our terms and conditions.
Construction Plus Dial or 'the Service' consists of
all features available on the Construction Plus Dial
web-site and any further features which we may introduce
from time to time. By subscribing to our Service you
are deemed to have understood and accepted these terms
and conditions in full and agree to abide by them.
1. Registration and Information supplied
1.1. When registering for the Service you agree
to supply accurate, true and up to date information.
You must notify us immediately of any changes to our
Dial Customer Services via email or letter.
1.2. We may use your registration information
- or other personal information submitted by you at
another time - only in accordance with any purposes
for which your consent is or has been given as part
of the process during which you submit that information.
If you gained access to Construction Plus via a CD-ROM
supplied by a third party, we reserve the right to
make any of your details available to that party without
prior consent. Your details may be passed on and stored
by companies that we have contracted with to provide
the Construction Plus services but only for the purpose
of providing those services to you.
1.3. We will not disclose your registration or
other personal information to any third party without
your consent: other than as set out above; as required
by law or any competent authority; or as permitted
by the Data Protection Act 1998
1.4. We reserve the right to terminate your account
if any of the information supplied by you is inaccurate,
untrue or out-of-date.
2. Access and Use of the Service
2.1. You agree to comply by our acceptable use
policy (AUP). The acceptable use policy can be found
here. We reserve the right
to update or change the AUP without notice and your
continued use of the service is dependent on adhering
to the latest AUP at all times. Failure to observe
the AUP may result in the immediate suspension of
your account without notice and the loss of any email,
web content or related data or information stored
at, or transiting the Construction Plus service.
2.2. We reserve the right to deny access to all
or any part of the Service if the telephone calling
line identification ('CLI') is withheld or unavailable
from the telephone line which you use to access Construction
Plus.
2.3. You will not use the Service for any illegal
purpose, in particular you will not use the Service
to distribute or make available any material (nor
will you choose an email address, domain name or other
Service access identifier) which is obscene, defamatory,
offensive, menacing or otherwise objectionable or
which may, in the opinion of Construction Plus, be
perceived as such by a reasonable third party.
2.4. You will be required to select a username
and password during the registration process. You
are responsible for maintaining the confidentiality
of the password and are fully responsible for all
activities which occur under the username and password,
including indemnifying Construction Plus for any claims
against or losses suffered by it in relation to any
unauthorised use of the Service. You will not pass
your username and password, or any other code or password
that is used to access to the Service to another user.
You agree to immediately notify us of any unauthorised
use of your username or password or any other breach
of security of which you become aware. You will be
liable for all costs, direct or indirect, howsoever
incurred, to Construction Plus for any action or potential
action taken against Construction Plus if your username
and password, or any other code or password that is
used to access to the Service are disclosed to a third
party until you inform Construction Plus of such a
breach.
2.5. You acknowledge that all copyright, trademarks
and all other intellectual property rights in any
material supplied as part of the Service shall remain
vested in us or our licensors. You acknowledge that
you are permitted to use this material only as expressly
authorised by Construction Plus or our licensors and
may not copy, reproduce, transmit, distribute or create
derivative works of such material without express
authorisation from Construction Plus
2.6. You agree to indemnify us, or any company
in the Emap group and our and their officers, directors
and employees, against all claims, liability, damages,
costs and expenses, including legal fees, arising
out of any breach of these Terms and Conditions by
you or any other liabilities arising out of your use
of the Service.
3. 'Front Page' enabled Web Space
3.1. You are entitled to 20Mbytes of 'Front Page'
enabled web space.
3.2. Web space in excess of 20Mbytes will be supplied
entirely at the discretion of Construction Plus. Construction
Plus are not obliged in any way to supply extra web
space nor to enter into discussions or correspondence
of any kind should the supply of extra web space be
refused.
3.3. We are not responsible for the content of
your web site nor can we offer technical support or
advice relating to its publication, manipulation,
generation or management save that which is available
as part of the 'Help' pages related to the service.
3.4. Construction Plus Dial webspace is supplied
for non-commercial use only.
3.5. Construction Plus make best efforts to back-up
all data on a regular basis but make no warranties
of any kind for this service. It is the subscribers
responsibility to ensure they retain a full and current
copy of all their data for the purpose of reloading
their web space in the unlikely event of unrecoverable
loss of data.
4. Construction Plus Obligations
4.1. We will use our reasonable endeavours to
maintain Construction Plus Dial as an uninterrupted
service but you will not be eligible for any compensation
if you cannot use Construction Plus Dial at any time
or for any period of time due to any failure, suspension
or withdrawal of all or part of it.
4.2. Construction Plus Dial is provided on an
"as is" and "as available" basis
and we make no warranty or representation, whether
express or implied, that Construction Plus Dial will
meet your requirements or will be uninterrupted, timely,
secure or error-free. In particular, we make no warranty
as to Construction Plus Dial's completeness, accuracy,
satisfactory quality or fitness for a particular purpose.
4.3. We reserve the right to modify or discontinue,
temporarily or permanently, Construction Plus Dial
or any part of it with or without notice to you and
you confirm that we shall not be liable to you or
any third party for any modification to or discontinuance
of Construction Plus Dial.
4.4. No warranty is given by us as to results
that may be obtained or the accuracy of any information
obtained through Construction Plus Dial and we accept
no liability for any third party material or the contents
of any third party website whether or not Construction
Plus Dial links to that material or website.
4.5. We are not liable for any use you make of
Construction Plus Dial, nor for any content which
you may send or receive using Construction Plus Dial,
nor for any charges that you incur with any third
party or for any transactions entered into through
Construction Plus Dial, nor for any software running
on your host. You agree to indemnify us against the
effects of any acts or omissions by you in relation
to Construction Plus Dial or any claims resulting
from such acts or omissions by you.
4.6. We shall not be liable for any consequential
losses you may suffer arising from or in any way connected
with Construction Plus Dial, including, without limitation,
damage for loss of business, loss of profits, business
interruption, loss of business information, or any
other pecuniary loss whatsoever (even where we have
been advised of the possibility of such loss or damage).
4.7. Any decision we make in relation to Construction
Plus Dial, these Terms and Conditions or the AUPs
shall be final.
4.8. Any waiver by us of any of our rights shall
not prevent us from bringing any proceeding and will
not be construed as a waiver of any succeeding breach
of any provision by you.
5. General legal Points
5.1. These Terms and Conditions constitute the
entire agreement between us with respect to their
subject matter.
5.2. These Terms and Conditions and all other
legal relationships between us shall be governed by
English law, and are subject to the exclusive jurisdiction
of the English courts.
5.3. If any part of these Terms and Conditions
or any AUP shall be held to be invalid or unenforceable,
this shall not affect the enforceability of any other
provision of these Terms and Conditions AUPs.
Acceptable Use Policy
Terms and Conditions for use of Free Web Space
1.
1.1 Customers may upload pages they have prepared
in the appropriate format (e.g. HTML) to their space
using FTP (File Transfer Protocol).
Customers who wish to upload files that take them
over the allotted space will need to delete file(s)
beforehand to ensure that there is sufficient space.
This can be done using an FTP package. Customers may
only provide non-commercial information.
Selling the use of the web space onwards for any amount
of money or favour is forbidden. Every homepage must
have an index.htm or index.html which is a valid HTML
file in the root directory and all files must be referenced
directly by a link within an html file so that the
entire contents of the site can be navigated from
a browser.
Technical Support is available during our normal 7
day per week support period on 0906 326 3766; calls
cost 50p per minute. With respect to the Web Space,
support is available to ensure that the customer can
access their area and that the server is available
on the Internet. Support on how to write HTML or other
Web pages is not included although the team will always
try to help if they can.
2. The customer agrees:
2.1 Only to upload material to which he or she has
legal and beneficial rights or, as the case may be,
in accordance with the restrictions and permission
of all persons or bodies entitled to restrict the
copying and disclosure of such material.
2.2 Not to upload to or download from the System
any material the form or content of which is illegal
under the laws of England and Wales and or the laws
of the Subscriber's country or which infringes any
third party intellectual property right. Further,
to stay within the bounds of good taste, as judged
by Construction Plus from time to time.
2.3 Not to commit any breach whatsoever in using
the Service. For the avoidance of doubt the Customer
shall not cause or permit or in any way assist in:
a) any unauthorised publication, or
b) any dissemination of any defamatory material, confidential
material, secret or other Proprietary Information.
2.4 without implying any obligation on Construction
Plus to do so, the customer agrees, to enable Construction
Plus to avoid a breach being committed, to permit
Construction Plus: in the event that any breach or
anticipated breach comes to the attention of Construction
Plus to remove any information from and/or suspend
or deny access of the Customer to the whole or part
of the Service where necessary in the reasonable judgement
of Construction Plus to prevent the occurrence or
repetition of a breach or anticipated breach Provided
that Construction Plus shall use all reasonable endeavours
to re-connect the customer to the Service in the event
of a mistaken suspension of the customer's access.
Construction Plus shall not be liable for any loss
howsoever occasioned as a result of a suspension of
the customer's access.
2.5 not permit to be uploaded any information, files
or other material relating to other organisations
or commercial parties and to not sell on for any amount
of money or by way of favour any of the space. The
space is strictly for the customer's own use for displaying
information about the customer's own company or personal
information.
2.6 to read these terms and conditions on a regular
basis to apprise himself or herself of any changes.
3.
3.1 Construction Plus will use all reasonable endeavours
to maintain the availability of the Service and confirms
that is part of our supported Services.
Construction Plus cannot guarantee the responsiveness
of the Service at any particular time.
Construction Plus shall not be liable for the consequences
arising from any break in communications, faults,
interruptions or other break down in the availability
of Service or the reliance by the customer on the
Service nor for any loss or damage arising from such
interruptions, faults or inaccuracies.
4. Backup and Data Security
4.1 Construction Plus accepts no responsibility for
loss of data, information, programs, privacy or confidentiality
or other matters whatsoever which results from unauthorised
use of the Service. Construction Plus accepts no responsibility
for the backing up of any information on any of the
Servers and such responsibility shall be the customer's
at all times
5. Removal of pages or files
5.1 Construction Plus may at its complete discretion
remove any or all of the files on its servers without
giving any notice or reason. When the dial-up account
is closed the pages and files will automatically be
removed. Construction Plus may temporarily suspend
any sites which attract a high number of hits which,
in Construction Plus's opinion and at its sole discretion,
causes a degradation in service to others. In this
event the customer will be contacted to arrange a
solution which may involve suspension of free page
usage and transfer to a charged for solution.
6. Variance of these terms and conditions
6.1 Construction Plus reserves the right to vary,
alter or otherwise modify these terms and conditions
upon giving reasonable notice to customers before
or after such variance. The new terms and conditions
will come into effect immediately for new users to
the service and after one week for existing users.
|