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NETWORK SYSTEMS & MSCABLE.COM RESIDENTIAL &
BUSINESS TERMS AND CONDITIONS FOR DIALUP,
ADSL AND ISP USAGE
These terms and conditions of business
govern the services we provide you. They
explain what you can expect from us and what
we expect from you. They are important and
you should read them carefully. We have
tried to make them easy to understand,
however if there is anything in the terms
and conditions that you do not understand
please telephone customer support on 01782
544700. By using our services for more than
1 day you are confirming to us that you
fully understand and accept our terms,
conditions and policies as set out here.
1.Definitions
In our terms and conditions we use word’s
which have special meanings, set out below
is a list of those words and meanings: We or
Us means Long Range Systems UK Ltd trading
as mscable.com service means the service or
services which you have chosen to select or
purchase, as supplied by us. Fees means the
fees that we charge for initial connection
to the service and for continued access. The
fees depend on the Service which you have
decided to select or purchase.
2.Terms and conditions
By using any of our services or hosting with
us you have agreed to these terms and
conditions. When we have processed your
order or registration and received any fees
which are due from you, we will provide you
with the relevant service. The right to use
the Service is personal to you or your
company.
3.Supply
In order for us to be able to provide the
Service you must have the right computer
equipment, a modem and/or ADSL telephone
line. The fees that we charge for the
Service do Not include providing you with
any equipment or telephone lines (unless we
agreed to do so in writing) and it is your
responsibility to ensure that you have the
necessary means to access the Service, and
that it is the right Service for you. We
have no obligation to advise you of new
services or upgrades. The cost of the
telephone calls you make to our network will
be charged to you by your telephone company
and must be paid by you. ADSL costs are
extra, but do not carry call charges in the
normal way. Please remember that in general
you are charged by a telephone company for
the actual length of time that you are
connected to the Service and it is your
responsibility to ensure that the call is
charged at any special rate you have agreed
with your telephone company.
4.Passwords and security
We will provide you with a password and
username if we need to. That must be kept
secret. You must notify us immediately if
you think that anyone else knows your
password and/or username. We reserve the
right to change the password in the event of
a suspected security breach and will notify
you of this as soon as we can. Please
remember when using the Service and sending
data to other people your communication may
not be secure. It could be unsafe to submit
your credit card or debit card details, or
personal information, over the Internet.
Unless you have agreed to buy a Service
which allows more than one person to access
the Service only one connection may be made
at any time using your username and
password. You can share the Service with
members of your family provided that only
one person is connected to the Services at
any given time. Only one telephone number
per household is permitted.
5.Acceptable Use Policy
All subscribers are required to read and
agree to abide by the Acceptable Use
Policies of mscable.com. These policies can
be viewed on our web site at
www.mscable.com
6.Maintenance/Support
We will provide ongoing maintenance in
respect of the Service supplied to you for
this purpose there will be some occasions
when you will not be able to access the
Service. We will keep this to a minimum.
Support services are only available in
respect of some of the Services and you will
have to decide which service is best for
you. We shall not be liable for any
consequential losses you may suffer. You
will not be eligible for any compensation
because you cannot use the service or
because of a failure, suspension or
withdrawal of all or part of the service. We
may change the service at any time.
7.Fees
You agree that you will pay the appropriate
fees for this service on time. All fees must
be paid in advance of the period of use. The
amount payable by you and the payment
intervals will be selected by you and agreed
with us. We accept payment by credit card,
debit card or Switch or direct debit. If you
choose to pay by credit or debit card, we
will debit your card when payments fall due
without further reference to you. We reserve
the right to vary the annual subscription
fee payable in respect of the service from
time to time and we will post details of any
variations on our sites. Any such changes
will not be effected until at least seven
days after they have been posted to our Web
site. The annual subscription fee will
remain fixed for the first term you sign up
for. Your account may be suspended or closed
if any sum due for a product or Service is
unpaid or is in arrears - without further
notice to you. You understand and agree that
if you fail to make payments of fees when
they are due, we may charge interest on late
payments at the HSBC Bank PLC rate plus two
per cent for each day payment is delayed. If
any payment of fees remains overdue for more
than seven days we may terminate or suspend
your access to the Service. If you wish to
resume access to the Service after you have
been disconnected for late payment we may
charge you a reconnection fee and request a
deposit as security for the reconnection.
8.Termination
If you fail to pay fees when they are due or
abuse the Service in our opinion we may terminate your
access immediately and will accept no
further liability. Our policies on improper
use are explained below. You may terminate
your agreement with us at any time by giving
us 90 days notice in writing providing you
are not on an annual agreement by recorded
delivery for the attention of the “Accounts
Department”. Termination of the service will
only become effective on the 90th day
following receipt of this notice. We reserve
the right to withhold any facility
associated with the Service, account,
notwithstanding termination, until fees are
met in full. We reserve the right to
terminate your right to use the Services at
any time, without giving any reason
whatsoever. All Termination notices will
take effect from the 1st day of the month -
if you send us a termination notice on may
15th it will come in to operation on June
1st.
9.Improper Use
Our network and / or service may only be
used for lawful purposes. The law relating
to Internet use is under continuous
development. It is up to you to check
whether you might be infringing any law or
regulation and if in doubt you should take
legal advice. You agree that you will not
use the service for transmission of any
material which breaches any law or
regulation, or which is defamatory,
menacing, obscene, abusive or which breaches
someone's civil rights. You also agree that
you will not place any material on your own
or any other site likely to cause offence to
other customers. Nor will you permit or
allow any one else to do so. Any breach of
this clause will entitle Us to terminate the
Service. For this purpose it will be
irrelevant whether you knew of the content
of the material transmitted. Alternatively
we may suspend the service without notice if
in our reasonable opinion you are in breach
of this clause. Please remember that
material which would not cause offence in
the United Kingdom may cause offence in
other countries and the Service will give
you access to computer networks worldwide.
The Service has a finite capacity and we
reserve the right to terminate any use of
the Service which we consider profligate or
to the detriment of our other customers, an
example of profligate use would be customers
using more than the allocated daily
bandwidth limit for data transfers is
restricted to 100MB for residential accounts
& 250MB for business accounts. This would
include applications such as transmitting or
receiving live video, live audio or other
similar traffic demands across the network.
Use of IP Multicast other than the means
provided and coordinated by Us is forbidden,
unless agreed in writing by Us subsequent to
agreeing charges against this Service. If
you intend to extend your network to a WAN
(wide area network) encompassing other LAN's
(local area network/s) and by definition
extending access to the service provided by
us this can only be done upon receiving
written authorisation from us and subsequent
to agreeing additional charges against this
extended Service. We reserve the right to
suspend any customers account that abuses
the allocated daily bandwidth limit for data
transfers of 100MB for residential accounts
& 250MB for business accounts. This would
include applications such as transmitting or
receiving live video, live audio or other
similar traffic demands across the network.
Use of IP Multicast other than the means
provided and coordinated by Us is forbidden,
unless agreed in writing by mscable.com.
Without written authorisation you will
subsequently be deemed as abusing the data
transfer policy and faced with all necessary
expense and costs incurred by the company
Long Range Systems UK Ltd. The 0845 access
Service will only be provided via the
designated telephone number which you
entered when you completed your contact
details with us in the registration process.
Access will be granted for a single
connection following a successful match of
this number against the number detected
through your Calling Line Identity (CLI)
which is presented with your call with your
call when attempting to connect to the
Service. Downloading illegal products of any
kind will cause your account to be ceased
without notice to you and we will not
reinstate that service unless you desist
from those illegal practices.
10.Liability
You agree and accept that we are unable to
exercise control over the content of the
information passing over our connection or
our network or the Service and we cannot be
responsible for the transmission or
reception of such information. We are not in
a position to monitor how you use the
Service and so you agree to indemnify us
against all and any claim that is brought against us
or all and any costs liability which we incur as a
result of your use of the Service and we
accept no responsibility for any action
brought against you arising from the use of
the Service. While we will use best
endeavour to provide a continuing Service we
will not be liable for any loss, including
loss of data resulting from using the
Service, failure to supply the Service or
delay or interruption in the supply of the
Service. In particular we cannot be liable
for the quality or accuracy of information
received through the Service. It is your
responsibility to carry out computer virus
precautions and we will not be responsible
for loss arising out of computer viruses,
whether they are introduced through our
software or otherwise. From time to Internet
addresses or sites are disconnected or
cannot be found. We are not responsible for
maintaining sites other than our own. You
are in a better position than we are to
evaluate any potential loss you may suffer
by using this Service and to insure if
appropriate. Accordingly our liability to
you, whether for breach or contract,
negligence or otherwise is limited to a
maximum amount of the fees you have paid for
the Service since the problem began. We will
not be liable for any losses you may suffer
as a result of loss of business, contracts,
profits, savings or any other cause.
11.Domains
We regularly buy domains registered to Long
Range Systems UK Ltd and/or other people who
we work with. If you transfer your domain to
us then you retain the title to that domain.
However, if we obtain a domain and allow you
to use it while hosted with us then we
retain the ownership of that domain should
you cease to host with us. We currently own,
along with associates literally hundreds of
domains so please be aware that all domains
not transferred to us, where we buy the
domain, that domain belongs to the
registered owner and you will lose use of
that domain in ANY circumstance where you
cease to work with our company. We reserve
the right to terminate the use of any of our
domains at any time without giving any
reason whatsoever. We are not obliged to
sell any domain to any specific user.
12.Software
Any Software that we provide to you which is
down loaded from us or provided is free of
charge. You are however responsible for
registering Software that requires such
registration and paying any regulated
charges thereafter. It is your
responsibility to act within the law
regarding licensing issues for your use.
13.Data Protection
We reserve the right to put the names and
other information from the order or
registration form into a computerised
directory for internal purposes only. We
also reserve the right to pass on your
details to third parties whose products may
be of interest to you, unless you
specifically instruct us otherwise.
14.Notices
If you need to give notice for any reason,
you must do so by Recorded Delivery Post
marked for the attention of the “Accounts
Department”. Please note that any notice you
give to us will only be considered effective
from the day on which we acknowledge it. If
the notice is less than 1 calendar month on
an annual account to termination we will
apply your notice as effective from the 1st
day of the next full months purchase. In all
cases we require a full 90 days notice for all
services including Broadband connections. There is also a £90.00
Administration fee for all disconnections of
the hosting service and for each Broadband
connection we supply which must be paid in
advance. We will issue all information for
transfer subsequent to cleared funds in to our
account only if you are the registered owner
of the domain. In the case of domains which
we own or our associates and/or partners own
the domain will cease to be available to
you.
15.Disputes
We hope that we have anticipated any
difficulties or questions that you may have.
However if at any time you have a grievance
please speak to us as soon as possible. We
cannot deal with a problem if we do not know
about it.
16.Governing Law
These terms and conditions by English Law
and we both agree to submit to the exclusive
jurisdiction of the English courts. We both
agree that a Court may strike out or
override any part of these terms and
conditions if it considers them to be
illegal, unenforceable or unfair pursuant to
some statutory provision and in such cases
enforce only the terms and conditions as if
the offending clause or clauses had never
been contained in them.
17.Amendment to service without notification
You fully agree and accept that Long Range
Systems UK Ltd reserve the right to alter
the subscription fee that you are currently
paying or introduce a subscription fee if
you are not currently paying one at any time
without notice to you.
18. Cessation of Service
We reserve the right to discontinue our
services completely or in part at any time
without giving you a reason. We accept no
liability of any kind whatsoever regarding the
consequences of cessation of any or all
services by us to you. Your use of our
services and hosting confirm your acceptance
of these terms and conditions. Use of the
service for more than one hour determines
that you agree to all of these terms and
conditions and they are irrevocable by you. If you do not agree then you
must terminate your services with us on the
first day of service, giving all notices and
payments in accordance with these terms and
conditions.
19. VAT
VAT is chargeable on all prices quoted.
NETWORK SYSTEMS and mscable.com are trading
names of Long Range Systems UK Ltd
June 12th 2007
e&oe
e-mail:
info@mscable.com
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