In this Agreement “we” refers to Freedom255 (a trading name of Solutions Inc Ltd.) and “you” refers to the customer. The Services mean the service or services indicated in the Freedom255 registration form and any other service which we may provide from time to time.

1. PROVISION AND USE OF THE SERVICES
1.1 We agree to provide the Services and you agree to use the Services on the terms and conditions set out in this Agreement. We may at any time and at our sole discretion and without liability to you vary any of the Services and change these terms and conditions. Any variation to the Services and changes to the terms and conditions will be posted on our website. Your use of and payment for the Services is taken to be your agreement to adhere to the current terms and conditions of use at all times. We shall provide the Services to you with the reasonable skill and care expected of a competent internet service provider.

1.2 We shall endeavour to provide the Services on the Requested Start Date as specified during the registration process. The Requested Start Date is an estimate only and we shall have no liability for any failure to provide the Services on such date.

1.3 You will not use the Services and will take all necessary steps to ensure that others do not use the Services:

1.3.1 as a means of communication for a purpose other than that for which the Services are provided and as may be set out from time to time in our service literature;

1.3.2 for the transmission, uploading or downloading or storage of any material which is defamatory, abusive, obscene, menacing or in breach of any copyright, privacy or any other rights;

1.3.3 to access services other than those specific services listed in our list of services as current from time to time.

1.3.4 in connection with any fraudulent or criminal activity;

1.3.5 in such a manner which may cause needless anxiety, annoyance or inconvenience;

1.3.6 to spam or send unsolicited advertising, sales, marketing or promotional material;

1.3.7 in breach of any laws, regulations, directions or requirements of any relevant competent authorities or in contravention with our Acceptable Use Policy as published on our website;

1.3.8 in a way which in our reasonable opinion is likely to affect the quality of the Services or any other service provided by us.

1.4 You will not resell, transfer, assign, sub-licence or share the Services or any other part of the Services with any other person or party except where specifically agreed with us in advance in writing. In the event that others are permitted to access the Services through your account, you will remain liable for and assume responsibility for any such use.

1.5 We accept no responsibility whatsoever for any content or services offered by others and accessed by you on the internet. If you use the Services to set up your own website, you are responsible for all content on your website, whether posted by you or others. It is your responsibility to ensure that all content on your website is lawful and that such content does not infringe the rights of others.

1.6 You will indemnify us against all liabilities, claims, damages, losses and expenses arising from or in any way connected with your use of the Services.

1.7 Where the Services include such services as e-mail, web hosting or other services whereby we agree to store data on your behalf, we shall be entitled to limit the amount of data stored. The amount of data stored shall be limited to 10 MB per mailbox or such capacity as we may notify to you from time to time. We reserve the right to vary data storage limits upon notice to you by email and to delete data which exceeds the data storage limit. Mail exceeding the size limit will not be delivered by us and will be returned to the sender accompanied by an undeliverable message.

1.8 Where you use the services to access other networks or services not operated or provided by us, you will abide by the terms & conditions and user policies of operators and suppliers of those networks and services.

1.9 We may need to suspend the Services for operational, repair or maintenance purpose. We shall endeavour to give you as much notice as possible of any suspension and will endeavour to restore the Services as soon as possible.

1.10 We may, in connection with the provision of the Services to you, carry out fraud prevention and credit checks with licensed agencies.

2. PROVISION OF INFORMATION
2.1 You agree to provide us with true, correct and complete information for the purpose of us supplying the Services to you. If we discover that the information you have supplied is untrue, incorrect or incomplete we reserve the right to suspend the Services forthwith and /or terminate this Agreement. You are be required to keep all information supplied to us up to date, complete and accurate. You must inform us immediately of any changes to your payment details.

2.2 You will be allocated user names and passwords as reasonably required and agreed by us in order to enable you to use the Services. You will keep your user names and passwords secret. You will not disclose your user names and passwords to anyone else for any purpose. If you become aware or are concerned that your passwords and/or user names have become compromised then you must notify us immediately in order for us to change them. If we believe there has been a breach of security or misuse of the Services we may change your passwords (notifying you of the same) and/or suspend your user names and password access to the Services.

3. DURATION
3. This Agreement shall come into full force and effect from the date of acceptance by us and shall continue thereafter unless terminated by either party giving to the other not less than 30 days prior written notice to expire at the end of the Initial Period of 90 days or at the end of any month after the end of the Initial Period.

4. PAYMENT
4. Charges for the Service shall be as stated in our current price list. All charges are exclusive of Value Added Tax and are subject to change upon us giving you not less than 30 days prior written notice. All sums due to us under this Agreement shall be paid in full without any set-off whatsoever. You will be invoiced monthly for all charges under this Agreement. Payment is due within thirty days of the invoice date. The time of payment of all sums due shall be of the essence of this Agreement. All charges payable under this Agreement shall be calculated by data recorded or logged by us and not by reference to data recorded or logged by you.

5. LIABILTY AND WARRANTIES
5.1 In entering into this Agreement you do not do so on the basis of, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all representations, conditions, warranties or other terms implied by statute or common law, are excluded to the fullest extent permitted by law.

5.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence.

5.3 We shall not in any event be liable in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, corruption or destruction of data or for any indirect or consequential loss howsoever arising or in connection with any computer virus or system failure caused by other computer programs even if we are expressly advised of the possibility of such damage or loss.

5.4 Where you use the Services to access the internet to deal with third parties, we exclude all liability for any charges, expenses, losses, or damage suffered by you arising from your dealings with third parties.

5.5 We shall not be responsible and exclude all liability for any software running on your host.

5.6 Subject to paragraphs 5.2 and 5.3, our aggregate liability (if any) for direct loss or damages in contract, tort, including negligence or breach of statutory duty, or otherwise, arising out of or in connection with this Agreement shall be limited to the charges paid by you under this Agreement.

5.7 In the event of any failure in the Services, we shall not be liable for any charges incurred by you should you divert to another provider. Whilst we shall use our reasonable endeavours to ensure that the Services are available for use by you, we do not guarantee provision of the Services at all times as the Services may be affected by circumstances beyond our control such as lack of network capacity. We accept no liability whatsoever, including liability for negligence, for the acts or omissions of other network or service providers or for any failures of their networks or network equipment.

6. TERMINATION AND SUSPENSION
6.1 We may suspend or terminate this Agreement forthwith on written notice if:

6.1.1 you commit a material breach of this Agreement and fail to remedy the breach within a reasonable time (not less than 7 days) specified i n a written notice to do so; or

6.1.2 you are repeatedly in breach of this Agreement; or

6.1.3 you are the subject of a bankruptcy order, or become insolvent, or make any arrangement or composition with or assignment for the benefit of your creditors or go into voluntary or compulsory liquidation (other than for the purpose of amalgamation or reconstruction) or a receiver or administrator is appointed over you assets; or

6.1.4 you fail to make any payment when it becomes due; or

6.1.5 any licence under which we provide the Services expires or is revoked; or

6.1.6 we are directed by, emergency services or other competent authority, to cease the provision of the Services; or

6.1.7 you fail to comply with any reaso nable instructions given by us concerning the use of the Services; or

6.1.8 you are in breach, or we have reasonable grounds to believe you are i n breach, of our Acceptable Use Policy; or

6.1.9 we believe that the Services are being used in any of the ways described in paragraph 1.3 or 1.4 (whether or not you are aware that the Services are being used in such way).

6.2 If we suspend the Services you will continue during the period of suspension to be responsible for payment of all charges under this Agreement.

7. EQUIPMENT
We have no responsibility for providing or maintaining third party equipment not supplied or maintai ned by us and used by you to access the Services.

8. INTELLECTUAL PROPERTY
You have no rights to any intellectual property rights in the Services arising from your use of the Services. All intellectual property rights in the Services shall at all times remain our property.

9. ASSIGNMENT
You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, such consent not to be unreasonably withheld or delayed.

10. FORCE MAJEURE
Neither of us shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond the first party’s reasonable control such as lightning, exceptionally inclement weather, failure or shortage of power supplies, fire, explosion, obstructio n by a third party of line of sight between radio installations, industrial disputes, acts or omissions of local or central government or other competent authorities, difficulty, delay or failure in manufacture, production or supply by third parties.

11. ENTIRE AGREEMENT
This Agreement together with our Acceptable User Policy and any product-specific addendum represent the entire ag reement and understanding between us and supersede all prior understandings and representations, whether written or oral.

12. NO WAIVER
Failure by either of us to exercise or enforce any right c onferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

13. THIRD PARTY RIGHTS
Nothing in this Agreement confers on any third party any right to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 19 99.

14. NOTICES
Any notice which may be given by either of us shall be deemed to have been given if left at or sent by first class pre-paid post, facsimile transmission or electronic mail to an address notified by the other party in writing as an address to which such notices may be sent.

15. PERSONAL INFORMATION
In order to facilitate provision of the Services, if you give your approval, we may share your personal information with other companies in the Solutions Inc Ltd group or with other companies with which we have a business relationship. Only if you have signified your consent by ticking the box in the registration form, may we use your personal information to provide you with promotional information about new services and other services offered by us and other companies with whom we have a business relationship. At any time, if you do not wish to continue receiving promotional information, you may notify us by email sent to info@freedom255.com or by calling us on 01273 200900 whereupon we shall cease sending promotional information to you. We are committed to protecting your privacy in accordance with the Data Protection Acts 1984 and 1998.

16. GOVERNING LAW
This Agreement is governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.