1.1 In this contract unless the context otherwise requires:
"We" and "us" means Global Enterprise Network (Hereafter referred to as GEN);
"The Price List" means the schedule of charges for the Service which we publish online, or in writing
"Contract" means the agreement between us and you incorporating these conditions
"You" means the customer we make this Contract with. It includes a person who we reasonably believe is acting with the customer's authority or knowledge;
"Information" means the visual, textual or other information published or otherwise made available (directly or indirectly) on the network using the Service;
"the Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol");
"Internet Standards" means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
"Minimum Period of Service" means the minimum period the contract shall remain in force.
"Name" means any name specifically requested by or allocated to you for the provision of the Service; and
"the Service" means the service provided by us whereby you can gain access to the network and, where applicable, any services and facilities which we provide and you use in connection with the Service.
1.2 GEN in its capacity as a network provider, draws specific distinction between data housed on our internal networks & that of the Internet.
Our position concerning objectionable/illegal material on our Network.
GEN is ultimately responsible for ALL the data housed on its servers, irrespective of the origin. To this end, all data housed within the GEN Network, is, and shall remain the property of Global Enterprise Networks, and thus, we have the express right, to scan, examine, adjust or remove any data housed internally, irrespective of origin, without notice (except by special arrangement) and without having to provide documentary cause. Furthermore, any party found to be responsible for the transfer of illegal/objectionable material to the GEN Network shall be liable to prosecution and in breach of their contract. We shall not be held responsible for any data stored on our equipment/premises that is illegal, and upon detection/notification we will undertake to remove such data and investigate its source with a view to pursuing legal action against the provider of such data.
Our position concerning objectionable/illegal material on the Internet.
With regard to objectionable/illegal material on the Internet; due to the nature of the Internet & the process by which data is selectively passed through the GEN Network on its path to the client which originated the request for said data, whether that involves direct transfer from router to router, site to site, or move/store (for example on a proxy array), and regardless of whether the request for said data originated within the domain of GENs managed networks, or from an external source, GEN shall not be liable for such data, nor does GEN claim any right of ownership. However, should GEN be furnished with substantiative evidence that illegal/objectionable material is being transferred via the GEN network, then the client is in breach of their agreement with GEN and we reserve the right to terminate without notice, any access agreement in force between GEN & the client, whether private Individual or corporate, and furthermore to bring private prosecution against the client for abuse of our networks and to recover costs incurred in the investigation of such. GEN reserves the right to pass aforementioned evidence to the local law enforcement authorities.
1.3 Our position concerning abuse of our networks
Abuse is an abuse of network facilities and not necessarily limited to abuse on the Internet. Any abuse shall be considered a breach of the agreement between GEN and the client. To qualify as abuse, an act must either/or:
a) interfere with the net-use of an individual, or group of individuals, or company/corporation in some specific way.
b) includes activities that are illegal or dishonest.
c) Include abuse of our networks (see below)
Network Abuse includes, but is not limited to, the following:
Chain Letters and Ponzi Pyramid-Selling Schemes
Such messages work (or rather, don't work) in much the same way as their paper-based cousins. The most common example of this in email is MAKE-MONEY-FAST. In addition to being a waste of resources, such messages are illegal in certain countries.
Unsolicited Commercial Email (UCE)
Unsolicited Commercial Email is advertising material received by email without the recipient either requesting such information.
Since many network users have limited bandwidth available to them, and/or pay for their online time, it costs them money to receive email. Receipt of unsolicited commercial advertising therefore costs them money and is particularly unwelcome.
It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, unless of course they have made a specific request for information to be emailed to them.
Unsolicited Bulk Email (UBE)
Similar to the above UCE but not attempting to sell anything. Its sole purpose is usually to annoy.
Forged headers and/or Addresses
Forging headers or messages means sending mail such that its origin appears to be another user or machine, or a non-existent machine.
It is also forgery to arrange for any replies to the mail to be sent to some other user or machine. However, in either case, if prior permission has been granted to you by the other user or the administrators of the other machine, then there is no problem, and of course "null" reverse paths can be used as defined in the relevant RFCs.
Mail bombing is the sending of multiple emails, or one large email, with the sole intent of annoying and / or seeking revenge on a fellow network user. It is wasteful of shared network resource as well as serving no value to the recipient.
Due to the time taken to transfer it, sending long email to sites without prior agreement can amount to denial of service, or access to email at the receiving site. Note that if binary attachments are added to mail this may increase the size considerably. If prior arrangement has not been made, the mail will be extremely unwelcome.
Denial of Service attacks
Denial of Service is any activity designed to prevent a specific host on the network making full and effective use of their facilities. This includes, but is not limited to:
Mail bombing an address in such a way to make their Network access impossible, difficult, or costly.
Opening an excessive number of connections to the same host.
Intentionally sending email or hosting content designed to damage the receiver's/requestors systems when interpreted.
Using a smarthost or SMTP relay without authorisation to do so.
Mailing List Subscriptions
You must not subscribe anyone, other than a user on your own host, to a mail list or similar service without their permission.
You must not send via email, store on any GEN server, host on any GEN Hosting platform any item which it is illegal to send or possess. This includes material which is prohibited under the various Acts of Parliament dealing with material sent over a public telecommunications network, notably the telephone system.
Breach of Copyright or Intellectual Property
You must not store or send Copyright material or Intellectual Property unless you have permission to do so.
Virus Infected Distribution
Distribution of virus infected email with or without your knowledge or the hosting of web content that is virus infected or in any way designed to infect visitors to a website hosted by GEN.
2. Provision of the service
2.1 We agree to provide you with the Service on the terms and conditions of this Contract:
2.2 We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by telephone, electronic mail or in writing to the appropriate customer service helpdesk operated by GEN, or if you purchased your services through a reseller, via their support service.
2.3 The Service is accessed via a telecommunications dial-up connection. This Contract does not include the provision of telecommunication services necessary for connection to the Service. You are responsible for making a separate application for the appropriate service and for complying with the conditions applicable to it.
2.4 You are responsible for providing a suitable Host, modem, router and/or any other items of hardware or communications equipment necessary to enable you to access the Service.
2.5 We may temporarily suspend the Service for operational reasons, but before doing so will give you as much notice as is reasonably practicable. We will restore the Service as soon as reasonably practicable after temporary suspension.
2.6 We may vary the technical specification of the Service from time to time.
2.7 If you have a domain name or names associated with this service, then this contract further incorporates the Domain Name Registration Agreement (DR1) available here.
2.8 All customers operating local mail hosts are required to accept and read email addressed to postmaster@<hostname> Mail addressed to postmaster must not be "bounced" or ignored.
3. Minimum period of service
3.1 The Minimum Period of Service begins from the day when we initially provide service and continues for a minimum of 1 year (unless stated otherwise on the price list) thereafter renewing for a further year should it not be cancelled in writing within 14 days of receipt of your renewal invoice (sent via email to the address we have on file as specified on the application paperwork or provided by us).
4.1 You agree to pay all charges for the Service as specified in the Price List/Contract.
4.2 Unless otherwise specified in the Price List/Contract, all charges are payable in advance. Unless we notify you to the contrary, liability for charges will start from the day on which you sign the contract or the Service is made available, whichever is later.
4.3 Unless the Price List/Contract provides otherwise, all charges for the Service are exclusive of Value Added Tax which you must also pay to us if your business is located within the European Union.
4.4 You agree to pay for the Service by the method of payment which you choose when you sign the contract. You authorise us to charge to your chosen account all charges for the Service as specified in the Price List/Contract.
4.5 We reserve the right to vary any of the charges for the Service at any time but we will give you 14 days notice before the new charges become effective otherwise they will become effective at the next date of renewal.
4.6 Where System Resources such as bandwidth and disk space are limited, there will be additional charges applied to your account should you exceed these. For Bandwidth, the charges for excess will be applied bi-annually or annually depending on usage. For Disk Space, charges will be applied Monthly, quarterly, or annually depending on usage and service type.
5.1 In order to access the Service you will be issued with a set of unique passwords. You are responsible for the security and proper use of all passwords relating to the Service and must take all necessary steps to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people.
5.2 You must inform us immediately if you have any reason to believe that any password has become known to someone not authorised to use it or if any password is being or is likely to be used in an unauthorised way.
5.3 If we have reason to believe that there is likely to be a breach of security or misuse of the Service we may change your password and notify you accordingly.
5.4 If you forget any password, by contacting the customer service centre by telephone and satisfying such security checks as we may operate, you will be given a new password to enable you to use the Service.
5.5 You agree to notify us immediately of any changes to the information you give to us when registering for the Service, including any changes to your account details.
5.6 You confirm and warrant that all the information supplied by you in your contract relating to the Service is true, complete and accurate in all respects.
6. Use of the service
6.1 You are responsible for the creation, maintenance and design of all Information on any web site you establish.
6.2 You warrant that the Information will not include any material which is (or the accessing of which) would be a criminal offence or otherwise unlawful. In particular, you warrant that all necessary licences and consents (including those from owners of copyrights or performing rights) have been obtained.
6.3 You warrant that you will comply GENs Published Policy documents; GA2i, GPR1 and with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which relate to the provision of Information and which apply to you or which we inform you of.
6.4 The Service must not be used:
(a) fraudulently or in connection with a criminal offence;
(b) to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to send unsolicited advertising or promotional material; or
(e) other than in accordance with the acceptable use policies of any connected networks and the Internet Standards.
6.5 You must not use a Name so as to infringe the rights of any person, (whether in statute or common law), in a corresponding trade mark or name.
6.6 If anyone other than you uses the Service with or without your knowledge or approval in contravention of any of paragraphs 6.1 - 6.5 inclusive we can treat such contravention as a breach by you of this Contract for the purposes of paragraph 8 which shall apply accordingly.
6.7 You must tell us immediately if any third party makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
6.8 If we suspend the Service for contravention of any of paragraphs 6.1 - 6.5 inclusive, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.
6.9 You must ensure that your contact details e.g. email address are included in a clear and legible form on any web site you establish, for receipt of any enquiries or complaints regarding the Information or any other material which appears on it. GEN reserves the right to disclose to any person with an enquiry or complaint your contact details if such person cannot locate these details on your web site.
7. Restrictions on use
7.1 The Service is provided solely for your own use. You must not re-sell or attempt to re-sell the Service (or any part or facility of it) to any third party.
7.2 We may give you instructions about the use of the Service concerning health and safety, or the quality of the Service to other customers. Such instructions form part of this Contract and you agree to observe them.
8. If you break this contract
8.1 In addition to anything else we can do, we can suspend the provision of the Service to you or end this Contract (or both) with immediate effect on giving you notice if:
(a) you break any provision of this Contract;
(b) we believe the Service is being used in a manner prohibited under paragraphs 6 or 7.1 even if you are unaware that the Service is being used in such a way;
(c) any charges for the Service are unpaid or rejected; or
(d) bankruptcy or insolvency proceedings are brought against you or if you do not make any payment under a judgement of a Court on time, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets or you go into liquidation.
8.2 If we end this Contract under paragraph 8.1 you must pay us all charges which are due for the Service under this Contract, including any unpaid charges for the remainder (if any) of the Minimum Period of Service.
8.3 You will continue to be liable to pay all charges due for the Service during any period in which you fail to comply with this Contract, including for any period when the Service is suspended.
8.4 If we delay in acting upon a breach of this Contract by you, that delay will not be regarded as a waiver of the breach. If we waive a breach of this Contract by you, that waiver is limited to the particular breach.
9. Ending the contract after the service is provided
9.1 At any time after the Service has been provided this Contract or the provision of any service or facility under it may be ended by:
(a) 1 month's notice from us to you; or
(b) 7 days notice from you to us.
(c) Written notice within 14 days of your renewal invoice being sent.
9.2 If we give notice you agree to pay the charges for the Service up to the expiry of the notice.
9.3 If you give notice outside the period 14 days subsequent to your renewal invoice being sent then you agree to pay charges for the Service until end of your contractual term which will be shown on your renewal invoice or that is one year from commencement of this service unless otherwise stated on the price list. Unless you give notice because we intend to change any of the terms and conditions of this Contract to your detriment.
9.4 Notice given by you does not avoid any other liability for the Service already provided.
9.5 If we give notice to end the Service under paragraph 9.1 we will repay or credit the appropriate proportion of any charges for the Service which you have paid in advance for a period ending after the notice expires.
10.1 Any dispute arising under this Contract which does not involve a complicated issue of law an issue of quantification or of mitigation of loss or a sum exceeding £ 5,000 (or such other sum as we may from time to time specify) may be referred to arbitration by the Chartered Institute of Arbitrators under procedures agreed between us and the Institute
11.1 Although you may use the Service to link into other Internet networks, we cannot be and are not responsible in any way for any telecommunications systems or networks which we do not operate.
11.2 We accept liability for death or personal injury caused by our negligence.
11.3 In performing any obligation under this Contract, our duty is only to exercise the reasonable care and skill of a competent Internet service provider.
11.4 You acknowledge that we have no control over the information which can be accessed by using the Service and that we do not examine the use to which customers put the Service or the nature of the information they are sending or uploading. We exclude all liability of any kind for the transmission or reception of such information of whatever nature.
11.5 We exclude all liability of any kind for the Information or any other material published or otherwise made available by you or any other person on any web site you establish using the Service.
11.6 We are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their apparatus.
11.7 We are not liable in contract, tort or otherwise (including liability for negligence) for loss whether direct or indirect of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.
11.8 Our liability in contract, tort or otherwise (including liability for negligence) under or in connection with this Contract is limited to £ 2,000 for any event or related series of events and £ 5,000 for all events in any period of 12 months.
11.9 Each provision of this paragraph 11 operates separately in itself and survives independently of the others.
12.1 You must indemnify us against any claims or legal proceedings arising from the use of the Service under this Contract (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person.
13. Variation of Terms and Conditions
13.1 We may change the terms and conditions of this Contract at any time and we will publish any changes online at http://www.gen.net.uk/policy.
14.1 You are not allowed to transfer or attempt to transfer this Contract in whole or in part.
15. Matters beyond our reasonable control
15.1 If we cannot do what we have promised in this Contract because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving our employees), we will not be liable for this.
16. Giving notice
Notices given under this Contract may be given on-line by electronic mail using the Service, or in writing and delivered by hand or pre-paid post to the addressee at the following address:
16.1 To us: GEN, PO Box 539, Nottingham, NG3 1BR or any alternative address which we notify to you at any time.
16.2 To you: the email address you specify when registering for the Service any alternative address which you notify to us at any time or, if you are a limited company, your registered office.
17.1 Intellectual property rights in all software and documentation supplied by us for your use in connection with provision of the Service remain our property or that of our licensors.
17.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 you must not and must not permit any other person to:
(a) disassemble, reverse engineer, decompile or in any other way interfere with the software;
(b) copy or modify the software; or
(c) create any new software partly or wholly based on the software.
17.3 Subject to the terms of this Contract, you may use the software and associated documentation on a non-exclusive basis, but only to the extent necessary for you to access the Service and only in the United Kingdom.
17.4 You must not transfer, assign or sub-license your right to use the software or attempt to do so.
17.5 You agree to comply with the terms of any agreements reasonably required by the owners of any intellectual property rights in such software relating to the protection of those rights.
17.6 We may offer updates or modifications to such software capable of delivery on-line. Any charges for such updates or modifications will be specified in the Price List/Contract.
18.1 You confirm and warrant that you are the owner of or that you are duly authorised by the owner to use any trade mark or name requested or allocated as your Name.
18.2 You acknowledge that we cannot guarantee that any Name you request will be available or approved for use.
18.3 We reserve the right to require you to select a replacement Name and may suspend the Service if, in our opinion, there are reasonable grounds for us to believe that the your current choice of Name is, or is likely to be, in breach of the provisions of paragraphs 6.4 or 6.5.
19. Export control
19.1 The Service may comprise software, services, technical information, training materials or other technical data which, because of their origin or otherwise are subject to laws or regulations forbidding export to another country. In such case, provision of the Service will be conditional on obtaining and maintaining all necessary consents. You agree to provide us with reasonable assistance to obtain such consents.
19.2 You agree to comply with any applicable export or re-export laws and regulations of any country.
This Contract is governed by English Law and you and we submit to the exclusive jurisdiction of the English courts.