Free2Convey User Agreement
In this Agreement, and in the Schedules attached hereto, unless otherwise specified or the context otherwise requires the following expressions shall have the following meanings:
|‘Contracted Services’||means the provision of Licences, Support and Hosting|
|‘End User’s System’||means the End User’s computer system upon which the Software is to operate|
|‘Elements’||means the elements or parts of the Contracted Services to be provided by Pracctice to the End User’s, which are more particularly described in the Schedules to this Agreement.|
|‘Commencement Date’||means the date upon which the End User has access to any use of the software.|
|‘Provision of Service’||means the provisions set out in “Terms and Conditions of Provision of Service” and “Acceptable Use Policy”.|
|‘Schedules’||means the schedules attached to this Agreement.|
|‘Site’||means the offices of the End User and/or such other office from which the End User may carry on business from time to time|
|‘Software’||means the software package as described in Software Definition|
|‘Confidential Information’||shall include but will not be limited to all End User’s data held by the Supplier|
|‘Supplier Premises’||any location where the End User’s data is stored on behalf of the Supplier|
|‘SRA’||The Solicitors Regulatory Authority, to include any successor body|
|‘CEDR Limited’||Centre for Effective Dispute Resolution are an independent complaintsreview and ombudsman specialist|
1 SOFTWARE LICENCE
1.1 Pracctice agrees to provide the Software to the End User in accordance with this Agreement and hereby grants to the End User a personal, non-exclusive, non-transferable, licence (the “Licence”) to use the Software, for the duration of this Agreement, together with any additional modules and any corrections, modifications, enhancements or upgrades provided from time to time, all in accordance with the following Licence terms.
1.2 The End User undertakes:
1.2.1 not to copy the Software without the express written consent of Pracctice
1.2.2 except to the extent permitted by law, not to translate, adapt, vary, modify, disassemble, decompile or reverse engineer the Software without the express written consent of Pracctice, except as permitted by the Copyright Designs and Patents Act 1988;
1.2.3 to reproduce and include the copyright notice of Pracctice on all and any copies, whether in whole or in part, in any form, or on modifications of the Software made pursuant to this Agreement;
1.2.4 not to provide or otherwise make available the Software in whole or in part in any form to any person other than to the End User’s partners or employees, or contractors instructed to maintain and support the End User’s computer system, nor to use the Software for any other purpose than the End User’s own business without prior written consent from Pracctice;
1.3.1 Subject to clause 13, this Agreement will commence on the Date that the End User first accesses the Software and shall continue in perpetuity.
2 PROPERTY AND RISK
2.1 Risk in each Element of the Contracted Services shall pass to the End User upon accessing the Software.
3 PRACCTICE’S UNDERTAKINGS
3.1 Pracctice hereby undertakes
3.1.1 to provide the Software for use with the End User’s System;
3.1.2 to use all reasonable skill and care to carry out the Contracted Services in a proper and efficient manner;
3.1.3 correct or rectify any faults or defects in the Software arising or occasioned through its proper use, in accordance with the Terms & Conditions of End User Support Service.
3.1.4 If necessary, to attempt where possible to recover and to the extent possible reconstruct any lost or corrupted data arising or occasioned through proper use of the Software, in accordance with the Terms & Conditions of End User Support Service.
3.1.5 to comply with the security obligations at least equivalent to those imposed on the End User.
3.1.6 to hold the End User’s Data, which remain the property of the End User, on facilities within the UK and not to pass any such data outside of the EEA
3.1.7 to be registered with the ICO and meet all necessary requirements of the Data Protection Act in regards to the End Users Data.
4 END USER’S UNDERTAKINGS
4.1 The End User undertakes:
4.1.1 to provide all such information as Pracctice may reasonably require from the End User’s staff and otherwise in all respects punctually to undertake and complete all such matters as are to be undertaken and completed by the End User in this Agreement.
4.1.2 to ensure that suitably qualified and properly trained personnel are available to assist Pracctice in carrying out the Contracted Services.
4.1.3 to ensure that the equipment used to access the Software is of a suitable nature and is fit for purpose
4.1.4 to ensure that efficient and reliable Internet bandwidth is available to make use of the Software
5 INTELLECTUAL PROPERTY RIGHTS & PROPRIETARY RIGHTS
5.1 All title, interests, and rights (including intellectual property rights) in the Service remain in Pracctice and/or its suppliers. The End User acknowledge such title, interest and rights and the End User shall not take any action to jeopardise, limit or interfere in any manner with Pracctice (or any third party supplier’s) title, interests or rights with respect to the Service including, but not limited to, using its trademarks or trade name.
5.2 The End User shall faithfully reproduce the copyright symbol and clause of Pracctice. on all copies (authorised or otherwise) made of the Software. The End User shall not either during or after the expiry or termination of this Agreement, without the prior written consent of Pracctice abuse or permit the abuse of such copyright or use or adopt any trade mark, trade name or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name or commercial designation used by Pracctice.
5.3 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable laws. The right to use granted to the End User under this Agreement gives the End User no rights to such content. If the End User wishes to use such content, the End User must ensure that he has the appropriate consent or licence of the content owner.
6.1 Pracctice warrants to the End User that:
6.2 its title to and property in the Software is free and unencumbered and that it has the right, power and authority to enter into this Agreement;
7 LIMITATION ON LIABILITY
7.1 Nothing in this Agreement shall exclude or limit liability for (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or (b) fraud.
7.2 Pracctice will not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:
7.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
7.2.2 any loss of goodwill or reputation; or
7.2.3 any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement.
7.3 Each provision excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.
8 CONFIDENTIALITY AND NON-COMPETITION
8.1 Each of Pracctice and the End User hereby undertakes to the other both during the term of the Agreement and for a period of no less than two (2) years after its termination and in perpetuity where it is reasonable to do so;
8.1.1 to keep in confidence all Confidential Information using at least the same standard of care that each of the parties use with their own confidential information, but in any event no less than reasonable care. Each of the parties may not use or disclose any Confidential Information other than for purposes and activities specifically permitted by the Agreement. Each of the parties may only disclose Confidential Information to an employee or contractor under binding obligations of confidentiality substantially similar to those set forth in this Agreement on a ‘need to know’ basis. If either party is legally compelled to disclose any Confidential Information, then, prior to such disclosure, the party must:
8.1.2 immediately notify the other party to allow the other party an opportunity to contest the disclosure;
8.1.3 assert the privileged and confidential nature of the Confidential Information; and
8.1.4 co-operate fully with the other party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event that such protection is not obtained the party making the disclosure may disclose the Confidential Information only to the extent necessary to comply with applicable legal requirements.
8.2 The foregoing obligations of this Clause 13.1 shall not apply to any information, which either party is required as a matter of law to disclose or provide, or to any information, which comes into the public domain other than by breach of this Clause.
8.3 Each of Pracctice and the End User hereby undertakes to the other to make all relevant employees, agents and sub-contractors aware of the confidentiality of such information and the provisions of this clause and without prejudice to the generality of the foregoing to take all such steps as shall from time to time be necessary to ensure compliance by its employees, agents and sub-contractors with the provisions of this clause.
9.1 Pracctice shall indemnify and hold harmless the End User against any damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action that the normal operation, possession or use of the Software by the End User during the currency of this Agreement infringes any United Kingdom patent, copyright, registered design or trade mark rights of such third party (an ‘Intellectual Property Infringement’) only where the End User is using the software in accordance with the Acceptable Use Policy.
9.2 In the event of an Intellectual Property Infringement, Pracctice shall forthwith make without charge to the End User such necessary arrangements with such third party for the right to continue to use the Software or make such alterations, modifications or adjustments to the Software as shall be necessary to make the same non-infringing but still compliant with the End User Requirements only where the End User is using the software in accordance with the Acceptable Use Policy.
10 DATA PROTECTION/PERSONAL DETAILS
10.1 The Supplier may retain the End User’s Data and personal information, and the End User authorises the Supplier to use such data and information, for the following purposes:
10.1.1 provision of the Service to the End User;
10.1.2 keeping of a record for a reasonable period after termination of the End User’s Service;
10.1.3 operation and enforcement of these Conditions;
10.1.4 operation and enforcement of these Conditions;
10.1.5 providing the End User with information about other services Pracctice offer, subject to the End User’s right to opt out of receiving such information;
10.1.6 transferring it to another company in the event of a sale of Pracctice subject to the transferee agreeing to be bound by Clause 15.1.above; and
10.1.7 legal compliance including disclosing it to any third party who Pracctice reasonably consider has a legitimate interest in any such investigation or its outcome.
10.2 It is the End User’s responsibility to keep the personal data that the End User provide to Pracctice up to date. Pracctice may send notices or other information to the End User at the address the End User give Pracctice. The End User should notify Pracctice immediately of any change to the End User’s personal data.
11.1 Free2Convey provides integration with third party applications as part of the service. Pracctice Limited accept no responsibility or provide any warranties for the service and information provided by these third party applications. For terms and condition of use for any and all third party applications you are directed to the third party providing the service.
12 ACCESS TO PREMISES
12.1 The Supplier shall provide the End User, the SRA or authorised agents of the SRA access to the Suppliers Premises within 10 days of receipt of a Request for Access to the Supplier Premises being delivered to the Supplier. Any persons shall be escorted whilst at the Suppliers Premises at all times and must make their own arrangements for attending the Suppliers Premises. The Supplier shall charge the End User £1000.00 plus VAT per location per Request for Access to the Suppliers Premises. This sum shall become due for payment immediately upon the Supplier receiving the Request for Access to the Suppliers Premises
12.2 The Supplier shall enable the SRA or an authorised agent of the SRA to obtain information from, or inspect the records of the End Users Data held within the Software Package.
13.1 The contract commences on the Commencement Date which is agreed as the date the End User registers on www.Free2Convey.co.uk
14.1 This Agreement may be terminated:
14.1.1 by Pracctice with such termination requiring notice of no less than 30 days having been supplied to the End User
14.1.2 by the End User with such termination requiring notice of no less than 30 days having been supplied to the Supplier
14.1.3 forthwith by Pracctice if the End User fails without due cause to pay any sum due within 90 days of the due date thereof.
14.1.4 forthwith by either party (or a third party acting on the End User’s behalf or instruction) if the other commits any material breach of any term of this Agreement (other than one falling within Provision of Service Clause 3.1) and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same;
14.1.5 forthwith by either party if the other shall convene a meeting of its creditors or if a proposal shall be made for a voluntary arrangement within Part I of the Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with (or assignation/assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrative receiver, or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration order (otherwise than for the purpose of a bona fide amalgamation or reconstruction).
14.1.6 by Pracctice immediately upon written notice to the End User if it becomes unlawful for Pracctice to continue to provide the Service; or (ii) Pracctice is required to cease the Service by a competent regulatory authority.
14.1.7 The provisions of this Agreement regarding Confidential Information and limitation of liability shall survive the termination of the Agreement.
14.2 Any termination of this Agreement pursuant to this clause shall be without prejudice to any other rights or remedies either party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination including but not limited to clauses 10, 12, and 13.
14.3 In the event of termination of this Agreement by Pracctice as a result of the End User’s breach of the Software Licence , the End User shall cease immediately to use the Software and Pracctice shall disable access to the same within 7 days of the date of termination.
15 DISPUTE RESOLUTION
15.1 Should the event of termination of this Agreement by Pracctice as a result of the End User’s breach of the Software Licence , the End User shall cease immediately to use the Software and Pracctice shall disable access to the same within 7 days of the date of termination.
15.2 If after completing the Supplier’s Escalation & Complaints Procedure the End User wishes to raise a formal dispute, the parties having already endeavoured to resolve any dispute or claim whatsoever arising in relation to the agreement to the Sales Implementation Procedure that proceeded the Agreement and/or to the validity of the Agreement itself by means of good faith negotiations which will have taken place between senior executives of the parties who shall have authority to settle the dispute and that this dispute is not resolved within 30days from the commencement of these good faith negotiations both parties agree that the dispute will be resolved by Arbitration under the Rules of the Computer Software for Solicitors Arbitration Scheme as operated by the Centre for Effective Dispute Resolution (CEDR).
15.3 Subject to Clause 14.2 either party will be entitled to serve Notice to Arbitrate under the Computer Software for Solicitors Arbitration Scheme.
15.4 All negotiations in relation to the matters in dispute shall be strictly confidential and shall be without prejudice to the rights of the parties in any future proceedings.
15.5 The parties agree to be bound by the award made by the Arbitrator. Awards shall be final and binding on the parties as from the date of publication by the Arbitrator.
16 FORCE MAJEURE/ MATTERS BEYOND THE PARTIES’ REASONABLE CONTROL
16.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party’s reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other for such failure to perform its obligations
17.1 Any notice required to be given hereunder shall be deemed to be properly given if delivered by hand or sent by pre-paid post or facsimile to the party concerned at the address or facsimile number, as the case may be, specified below or to such other address or facsimile number as may from time to time be communicated to the sender of the notice. Notices sent by pre-paid post shall be deemed to have been received three (3) working days after the date of posting. Notices delivered by hand or sent by facsimile shall be deemed to have been received on the first working day following the date of delivery or sending as the case may be.
|Pracctice:||Suite 1, Falstaff House|
|Enigma Commercial Centre|
|Enigma Business Park|
|End User:||address – as specified in registration|
|Facsimile No:||facsimile number – as specified in registration|
18.1 Pracctice reserves the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the End User’s further consent to such assignment or sub-contract.
18.2 The End User shall not, without the prior written consent of Pracctice, assign or transfer the Software or the benefit of this Agreement or any of its rights hereunder to any other person, firm or company
19.1 Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice that party’s rights to take subsequent action.
19.2 Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Agreement. A waiver of a provision or breach of a provision of the Agreement will only be effective if made in writing and signed by an authorised representative of the waiving party.
20 AMENDMENT OF THESE CONDITIONS
20.1 Pracctice reserves the right to add to and/or amend the Conditions at any time upon giving not less than 30 days’ notice to the End User provided that such addition or amendment does not materially change the commercial effect of the Conditions. Such changes shall be notified to the End User by posting on www.free2convey.co.uk. Changes in this manner shall be deemed to have been accepted if the End User continues to use the Service.
21 ENTIRE AGREEMENT AND AMENDMENTS
21.1 The Agreement will constitute the entire agreement between the parties concerning the subject matter of these Conditions. It will supersede all prior and contemporaneous agreements, communications and representations (except for fraudulent or negligent misrepresentations) whether oral or written, between the parties relating to the subject matter of this Agreement, and all past courses of dealing or industry custom. The Agreement will prevail over any other conflicting written instrument or other notice the End User may submit to Pracctice.
22.1 The headings of the clauses of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
23.1 In the event that any or any part of the terms, conditions or provisions contained in this Agreement or any schedule attached or adopted as relative hereto be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
24.1 The licence granted under the Agreement will not create a partnership, joint venture, agency relationship or franchise relationship.
24.2 Notwithstanding any other provision in this Agreement, nothing in this Agreement will create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the End User or Pracctice.
25 PROPER LAW
25.1 The Agreement shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the Courts of England.
Terms & Conditions of Provision of Service
IMPORTANT: The End User’s use of the Service (as defined below) and /or acceptance of these Terms and Conditions (‘Conditions’) constitute the End User’s agreement to be bound by these Conditions. These Conditions must be read in conjunction with the Acceptable Usage Policy and Service Level Agreement which may be subject to change from time to time upon reasonable notice by Pracctice to the End User. It is the End User’s responsibility to ensure that they comply with the latest edition of the Acceptable Usage Policy (AUP) in force at any given time.
These Conditions, together with those of Pracctice AUP, explain the responsibilities of Pracctice to the End User and the End User’s responsibilities to Pracctice and to other users of the Service (‘Users’). The AUP in particular outlines what Pracctice considers to be unacceptable use of the Internet by our End Users so that Pracctice can take appropriate steps against abusers of the Internet. The AUP is an integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP.
Terms and conditions for Pracctice Hosting Services:
Please note some terms used in these Conditions have a certain meaning:
‘Access Line’ means the telecommunications circuit that the End User uses to obtain telecommunications services over the public switched telephone network at the Premises as notified by the End User to Pracctice.
‘Act’ means the Telecommunications Act 1984; ‘Agreement’ means these Conditions together with the AUP.
‘Carrier’ means any supplier of telecommunications services to Pracctice for the Service.
‘Commencement Date’ means the date when the End User first accesses the Service.
‘Confidential Information’ means any information of a confidential nature obtained under or in connection with this Agreement.
‘End User’ means the person who uses the Service and person shall be taken to include bodies corporate or unincorporated. Pracctice may accept instructions from another person who Pracctice reasonably believes is acting with the End User’s authority or knowledge.
‘Service’ means the provision of the Software and Hosting Services.
1 Provision of the Service
1.1 Pracctice will provide the Service to the End User in accordance with the Conditions and with reasonable skill and care. It is technically impracticable to provide the Service free of faults and Pracctice does not undertake to do so.
1.2 Pracctice will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of Pracctice, or by errors or omissions of the End User.
1.3 Pracctice exclude all and any warranties and conditions of any kind, whether express or implied, in respect of any content or data obtained or downloaded from the Service or the accuracy of information received through it.
1.4 Pracctice provides no warranties of any kind in relation to any equipment or configuration of any equipment used to access the Software
1.5 Pracctice provides no warranties of any kind in relation to the End Users use or provision of Internet bandwidth to access the software
1.6 To use the Service, the End User needs to supply Pracctice with certain details. Pracctice will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
1.7 The End User acknowledges that the Service will depend upon the characteristics of the End User’s Access Line.
1.8 From time to time certain Points of Presence (PoPs), servers, or the whole or part of the network may be closed down for routine repair or maintenance work. Pracctice or its authorised representative shall give as much notice as in the circumstances is reasonable and Pracctice shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
1.9 Pracctice may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. Pracctice will give the End User as much notice as possible of any planned interruption of the End User’s Service. In these circumstances The End User shall have no claim against Pracctice for any such interruption.
1.10 Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the End User may not:
1.10.1 redistribute, encumber, sell rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part;
1.10.2 disclose Service features, errors or viruses to any third party without the prior written consent of Pracctice;
1.10.3 use the Service except in conjunction with Pracctice recommended operating environment, notified by Pracctice; or
1.10.4 modify the Service without Pracctice prior written consent.
1.11 It is the End User’s sole responsibility to maintain security over the identity of their passwords.
2 The End User’s Use of the Service
2.1 The End User must NOT use the Service:
2.1.1 in a way that does not comply with the Conditions or any legislation or that is in any way unlawful or fraudulent; or
2.1.2 in connection with the carrying out of a fraud or criminal offence; or
2.1.3 to send, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which could reasonably be expected to cause overloads to the Pracctice System; or
2.1.4 to send or procure the sending of unsolicited advertising or promotional material; or
2.1.5 in a way that does not comply with any instructions given by Pracctice for reasons of health, safety or the quality of the Carrier’s telecommunications services or the Pracctice System; or
2.1.6 to attempt to use the Service in a way that modifies, decompiles, translates, reverse engineers, reconfigures, disassembles or otherwise alter or attempt to modify or reconfigure the Service or any Equipment or Software or copy any manual or documentation relating to the Service except to the extent applicable law specifically prohibits such restrictions.
2.1.7 to distribute copies of the licensed programs or their documentation to others;
2.1.8 to rent, lease or grant its rights to the licensed programs;
2.1.9 to ship or transmit (directly or indirectly) any copies of the licensed programs or any technical data in the licensed programs or its media or any direct product thereof to any entity or country destination.
2.2 The End User will co-operate with Pracctice reasonable requests for information regarding the End User’s use of the Service and supply such information without delay.
2.3 The End User warrants that as the registered user of the account, it will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text.
2.4 Use by others: The End User acknowledges that Pracctice is unable to exercise control over the content of information passing over the Pracctice network or via the Service, and Pracctice hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
3 Breach of Conditions
3.1 Pracctice shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to its network systems or security and in doing so Pracctice will act reasonably and fairly at all times.
3.2 Pracctice reserve the right to take any action Pracctice deem appropriate and proportionate to the breach of the Conditions.
3.3 If Pracctice decides that the End User has breached the Conditions, Pracctice will use reasonable endeavours to ensure that the End User is made aware of the breach without suspension or termination of the Service. However it may be necessary, due to the severity of the breach, to suspend the Service whilst details of the breach are investigated further. Pracctice reserve the right to suspend the End Users Account at its sole discretion, and make a additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.
3.4 Any breach of the obligations as set out in Conditions – 2.1 above shall entitle Pracctice to immediately suspend the Service to the End User without notice.
4.1 The End User agrees to indemnify and hold Pracctice harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the End User; and (b) any transmission or receipt of any content or message which the End User has requested or made using the Service.
Acceptable Use Policy
IMPORTANT: you must comply with this Acceptable Use Policy (“Policy”) if you use our network or services.
REASON FOR THIS POLICY
While it is impossible to define exhaustively what constitutes “acceptable use” and “unacceptable use” or “abuse” of the internet, or of our network and services, this Policy gives examples of the types of use which we consider unacceptable. Note that the fact that an activity is not specifically stated in this Policy to be unlawful or unacceptable, or otherwise in breach of this Policy, does not automatically mean that such activity complies with the Policy.
Our relationship with other networks, and accordingly our ability to connect to the rest of the internet, depends to a significant extent upon proper behaviour by our End Users. We therefore cannot tolerate any behaviour by End Users which is detrimental to our equipment, network, or services, or indeed to our reputation. Nor do we permit any such behaviour which has a negative impact upon other users of the internet.
It is crucial that when activity which might constitute abuse occurs, we are entitled to take appropriate action; otherwise we would lose the confidence of the wider internet community, which in turn would significantly reduce our End Users’ freedom to use the internet.
In this Policy:
“intellectual property rights” includes (without limitation) trade secrets, database rights, know-how, patents, copyrights, registered design rights, unregistered design rights, and trade marks, all whether recorded in any manner or otherwise, and including all applications for any rights which are registrable;
“we/us/our” refers to Pracctice Limited, a company incorporated in England (registered number 2212735), and having its registered office at Suite 1, Falstaff House, Enigma Commercial Centre, Enigma Business Park, Sandy’s Road, Malvern, Worcestershire, WR14 1JJ.
“you/your” refers to you, the person or company using our network or services.
1.1 Our network and services may be used for lawful purposes only and in compliance with all relevant legislation in force from time to time. (You should be aware that the internet is a global communications network and what may be legal in the United Kingdom may be illegal elsewhere and render you liable to prosecution in another country).
1.2 You shall not use our network or services to send, receive or store any prohibited material. “Prohibited material” means material which:-
1.2.1 violates any applicable law or regulation of any country in the world; or
1.2.2 is defamatory, threatening, malicious, offensive, abusive, indecent, blasphemous, obscene, or otherwise objectionable in any way, or in breach of confidence, privacy, trade secrets, or of any third party rights (including intellectual property rights).
1.3 You should be aware that the storage, distribution or transmission of unlawful materials could lead to civil liability or criminal prosecution, in addition to any action we may take, which is set out in section 3 below and in our Terms and Conditions of Provision of Service.
1.4 Examples of prohibited materials include (without limitation):-
1.4.1 axamples of prohibited materials include (without limitation):-
1.4.2 hardcore and child pornography;
1.4.3 programs containing viruses or Trojan horses or any tools designed to compromise the security of other websites;
1.4.4 material protected by intellectual property rights, and other proprietary material, if such materials are used without proper authorisation.
1.5 You shall not post, upload or otherwise distribute material protected by intellectual property rights on our servers without the consent of the owner of the intellectual property rights.
1.6 Your traffic over the internet may cross other networks, or use other services which are not owned or operated by us. You must abide by the acceptable use policies and other terms and conditions imposed by the operators of those networks and services.
2 VIOLATIONS OF SYSTEM OR NETWORK SECURITY
2.1 Any violation by you of systems or network security is prohibited, and may result in you incurring criminal or civil liability. We shall investigate incidents involving such violations and will inform and co-operate with the relevant law enforcement organisations if we are requested by them to do so.
2.2 Violations may include, but are not limited to the following:-
2.2.1 unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;
2.2.2 unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network;
2.2.3 Interfering with any user, host or network, including mailbombing (see definition at clause 4.2), flooding, and deliberate attempts to overload a system, and broadcast attacks.
3 EMAIL USE
3.1 You shall not send e-mail to any person who does not wish to receive it. You must comply with any request that you stop sending e-mails to any person.
3.2 You shall not send, distribute or reply to mailbombs. “Mailbombing” is defined as either e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent.
3.3 You shall not use false e-mail headers or alter the headers of e-mail messages to conceal their e-mail address or to prevent internet users from responding to messages. You shall not use any e-mail address that you have not been authorised to use.
3.4 Violations of the Policy can sometimes result in massive numbers of e-mail responses. We reserve the right to shut down your account and terminate your agreement with us in accordance with our Terms and Conditions of Provision of Service if this occurs and adversely affects our resources, to the extent that it prevents us from providing a proper level of service to our End Users.
4 WORLD WIDE WEB USAGE
4.1 “Web usage” includes the use of web hosting on our dedicated servers.
4.2 We cannot and do not proactively monitor content on any data maintained by you (as part of web-hosting services), and we cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable by any person.
4.3 You undertake sole responsibility for any data owned or operated by you, hosted on our servers. You shall accordingly ensure that all data hosted by us does not infringe any third party rights, including intellectual property rights, and shall bear sole responsibility for any dispute in this connection.
5.1 We have in place a procedure for handling your complaints about material stored and/or accessed via our services, or about the behaviour of other users of our services. If you wish to make such a complaint, please ensure that you do so by e-mail to firstname.lastname@example.org
6.1 We reserve the right to investigate suspected violations of this Policy. When doing so we shall endeavour to act reasonably and fairly at all times.
6.2 An investigation may include gathering information from the user involved and the complaining party, if any, and examination of material on our servers
6.3 During an investigation, we may (without prejudice to any other rights we may have in our Terms and Conditions of Provision of Service, or elsewhere) suspend the account involved, and/or remove the material involved from our servers. Such action may include temporary or permanent removal of material from our servers, warnings to the user responsible, and the suspension or termination of the account responsible, in accordance with the Terms and Conditions of Provision of Service. We will determine what action will be taken in response to a violation on a case-by-case basis.
7 ACTION WE MAY TAKE IF YOU BREACH THIS POLICY
7.1 If you are found to have breached this policy, we reserve the right (without prejudice to any other rights we may have in our Terms and Conditions of Provision of Service, or elsewhere) to take whatever measures we (acting reasonably) deem appropriate and proportionate to the breach, including (without limitation) giving you a formal warning, suspending or terminating your Agreement with us (as defined in the Terms and Conditions of Provision of Service), making an additional charge for our reasonable costs of investigating and dealing with the misuse, blocking access to any component of the service, and removing any access to our servers.
8 VARIATION OF POLICY
8.1 We may change this Policy to reflect any changes in the law or Internet community standards, or whenever we consider it necessary. Any such amendment shall be effective upon its posting onto our website at the following URL: www.free2convey.co.uk and it is your responsibility to ensure that you are fully aware of any such amendment.