General Internet Terms & Conditions
Cable & Wireless Guernsey (C&W) offers
a Dial-up Internet access service that allows the connection of
almost any computer — PC, Mac, handheld etc — to the Internet via
the
http://www.cwgsy.net/
portal site which provides specially selected local content
including news, weather and much more. Once connected,
comprehensive use of all Internet services is provided for the
price of an Internet call. With modem speeds of up to 56Kbps, this
subscription free service supports the fastest possible dial-up
delivery from a standard telephone line. Alternatively, an ISDN
line can be used giving an almost instantaneous connection at
speeds of 64Kbps (single channel) or 128Kbps (two channels, hence
twice the call costs). The service allows the sending and receiving
of emails utilising the cwgsy.net email address provided and
includes web space for the publication of a simple web site using a
cwgsy.net web address.
Section 1 — Service Specific Terms and Conditions
These C&W Service Specific Terms and
Conditions should be read in conjunction with the C&W General
Terms and Conditions. Where there is conflict these Service
Specific Terms and Conditions supersede the General Terms and
Conditions.
THESE TERMS AND CONDITIONS ARE IMPORTANT AND
SHOULD BE READ CAREFULLY. IF THERE IS ANYTHING YOU DO NOT
UNDERSTAND IN THE TERMS OR CONDITIONS PLEASE E-MAIL C&W at
support@cwgsy.net1. Definitions and Interpretation
The C&W General Terms and Conditions
include definitions. These definitions are in addition:
"C&W Site" means C&W's web site at
http://www.cwgsy.net/;
"Email Storage Limit" means where We provide
You with email services that involve Us providing physical storage
space on Our systems, We will impose limits (which We may vary from
time to time) on the storage space We provide to You. These limits
relate to the physical amount of email messages that can be stored
and/or the size of any attachments You can send or receive;
"Internet" means the global information system
consisting of a large number of interconnected computer networks
that communicate though the use of TCP/IP network protocols;
commonly referred to as the World Wide Web;
"Permanently Deleted" means the irretrievable
deletion of one or more of Your emails while using our online email
system,
"Registration Form" means the registration form
provided by Us, either online at the C&W Site or in hard copy,
and completed by You identifying the Service to be provided;
"Service" means the service as published at the
C&W Site comprising the provision of access to the World Wide
Web and more particularly detailed in the Service
Description;
"Service Charge" means the list of charges for
provision of the Service published online at the C&W Site and
payable by You;
"Service Description" means the description of
the Service as published at the C&W Site;
"Software Materials" means any software,
documentation or other goods, including media, made available by Us
to You for the purpose of receiving the Service;
"Third Party Charge" means any and all
telephone call charges, line and/or equipment rental charges or
charges for associated services payable by You, not provided by Us
but required to access the Service.
2. Provision of Service
2.1 We will provide the Service to You from the
date of acceptance of the Registration Form by Us, which acceptance
shall be communicated to You by way of provision by Us to You of a
login code and password.
2.2 We are not responsible for the content of
any material made available and/or accessible by use of the
Service.
3. Use of Service
3.1. You are responsible for ensuring the
Service is used only for lawful purposes and You undertake not to
access, transmit, publish, display, advertise or make available
material which:
3.1.1 infringes copyright or any other
intellectual property right held in any country;
3.1.2 is obscene or pornographic;
3.1.3 contains threats of any kind;
3.1.4 is defamatory in any way;
3.1.5 breaches confidence; or
3.1.6 the access to or transmission or
publication of which is illegal or infringes any third party's
legal rights of whatever nature under the laws of any jurisdiction
for any reason.
3.2 You undertake not to use communications
capacity or bandwidth available through use of the Service for any
purpose which may result in the illegal access to or collection of
data whilst in transit, illegal access to other computers or
networks, spamming, flooding or other such broadcasts together with
any other activity which may adversely affect other users on the
Internet.
3.3 You undertake not to deal with the Software
Materials in any manner which would or would be likely to infringe
intellectual property rights in the same and to return the Software
Materials to Us upon termination of this Agreement for any
reason.
4. Security
4.1. You undertake to keep the login code and
password assigned by Us to You secure and not to divulge either of
them, or any change to them, to any other person save for members
of Your household or business.
4.2. You undertake to notify Us immediately
should You have any reason to believe that the login code and/or
password have been obtained by any person other than those referred
to in 4.1.
4.3. You undertake to be responsible for any
charges of any nature that may be incurred by C&W as a result
of any authorised or unauthorised use of the login code and/or
password.
4.4. You may change the assigned password
online or may contact Us to effect a change.
4.5. We reserve the right (at Our sole
discretion) to require You to change any or all of the passwords
used in connection with the Service.
4.6. We reserve the right to suspend the login
or password access to the Service if at any time We consider that
there is or is likely to be a breach of security.
4.7. You must immediately inform Us of any
changes to the information You supplied on the Registration
Form.
4.8 We make every effort to ensure the security
of Your communications. You are however advised that for reasons
beyond Our control, there is a risk that Your communications may be
unlawfully intercepted or accessed by someone other than the
intended recipient. Although Your communications over the air
interface with Our systems are secure and encrypted, We have no
control over the security of third party networks. Please note that
the Internet is not a secure environment; unwanted programs or
material may be downloaded without Your knowledge. These programmes
may perform actions that You have not authorized and possibly
without Your knowledge. You are responsible for protecting Your
equipment and data against these types of programs.
4.9 We scan emails with anti-virus software and
delete any attachments that are suspected of carrying a virus.
However, You are ultimately responsible for virus checking any
messages You receive and We do not guarantee to delete each and
every virus that passes through our system.
5. Charges
5.1 There is no Subscription fee for using the
Internet access. However, there are premium services that You can
subscribe to at Your discretion. These services might be provided
by Us and subject to a Service Charge, or provided by other service
providers and subject to a Third Party Charge.
5.2 You agree to pay any Service Charges for
the Services subscribed to and further agree that We are authorised
to debit Your preferred form of payment, as notified by You to Us
upon registration, or later by You to Us when You chose a new
premium service, with such charges from the date You take the
premium service until any and all indebtedness of You to Us is
cleared.
5.3 Any local taxes payable as part of a Third
Party Charge shall be Your sole responsibility and shall be paid by
You.
5.4 All Service Charges are payable monthly in
advance, and on demand.
5.5 Call charges will be billed on Your
periodic telephone account.
5.6 We reserve the right to vary any Service
and Call Charges at any time but will give You a minimum of 21 days
notice.
6. Temporary Unavailability of Service
If the Service is unavailable due to
circumstances beyond Our control for a continuous period of more
than 30 (thirty) days You shall be entitled immediately to
terminate this Agreement and the Service and We will refund any
charges paid for in advance for the unavailable period and any
period thereafter.
7. Internet
The Service enables access to the Internet. The
Internet is separate from the Service and use of the Internet is
solely at Your risk and subject to all applicable laws. We have no
responsibility for the performance or speed of the Internet,
information, software, services or other materials obtained by You
using the Internet.
8. Termination
8.1 This Agreement may be terminated by any of
the following events:
8.1.1 one month's notice given by Us to
You;
8.1.2 one month's notice given by You to
Us;
8.1.3. immediately by Us upon breach of any of
the terms and conditions contained in this Agreement or failure by
You to pay any Service Charge due to Us;
8.1.4. by You for unavailability of Services
under paragraph 6 of these terms and conditions.
8.2. Termination of this Agreement and Service
is always subject to the payment by You of the Service Charge for
the provision of the Service for the Minimum Period of Service
above.
8.3. Any Service Charges paid in advance for
any period of time after termination takes effect will be refunded
to You by Us except in the case of termination under paragraph
8.1.3. above. You undertake to pay Us any Service Charge or other
charge incurred up to the date of termination.
9. Software
9.1. Any property in any Software Materials
made available by Us to You, including intellectual property, will
remain Ours or that of Our licensors.
9.2 We hereby grant You a non-exclusive,
non-transferable licence to use the Software Materials for the
purpose of receiving the Service only. Such licence will terminate
upon termination of the Agreement for this Service for any
reason.
10. Liability
10.1 We are not responsible for the content of
any material made available and/or accessible by use of the
Service.
10.2 We reserve the right to disclose Your
name, telephone and/or facsimile number and/or email address to any
person making any complaint or enquiry in relation to the use of
the Service.
10.3 If any information provided by You is
untrue, inaccurate, not current or incomplete, We have the right to
terminate Your Dial-up Internet Service and refuse any and all
current or future use of the Dial-up Internet Service.
10.4 We do not undertake to provide any other
services to You under these terms and conditions other than the
provision of the Dial-Up Internet Service and do not accept any
responsibility for any computer, telephone or other equipment used
by You to access the Service. The provision of such services may be
covered by other relevant C&W terms and conditions.
10.5 We are not liable in any way for any
activities of You in particular but not limited to any acts which
under the laws of any jurisdiction infringe any third party's
intellectual property rights (including the use of any Domain
Name), infringe obscenity laws, constitute threats, are in any way
defamatory or are illegal in any other way.
10.6 You agree to indemnify Us and hold Us
blameless in relation to any claim brought by third parties located
in any jurisdictions (whether governments, corporate bodies or
private individuals) alleging that any use of the Service by You is
unlawful or infringes any rights held by such entities. You shall
immediately notify Us in writing of any such claims of which You
become aware and We may elect to defend such claims. You agree to
offer all reasonable assistance to Us in defending such claims at
Your sole expense.
10.7 You agree to pay all costs, damages,
awards and professional fees of any kind incurred in relation to
any claims made against You or against Us relating to Your use of
the Service.
10.8 We will use reasonable endeavours to
maintain the quality of the Service and to ensure the Service is
available at all times but make no warranties regarding
availability or quality of the same and are not liable for any loss
of any nature suffered by You or any third party as a result of any
event outside the control of Us and in any event are not liable for
any loss suffered by You or any third party as a result of any
interruption to the Service lasting less than 3 (three) days. You
acknowledge that We are not responsible for maintaining any
insurance cover of any nature to cover loss by anyone other than
Ourselves.
10.9 We are not responsible for maintaining any
site or address on the Internet other than Our own site and address
and We do not warrant or represent the continued availability of
any other site or address. You are responsible for obtaining any
insurance, which You may require for any potential loss which You
may suffer through the unavailability of the Service.
10.10 You acknowledge that by entering into any
contract or other obligation with any third party through the
Service, We will neither become a party to such arrangements nor
assume any liability there under. You acknowledge that the use of
the Internet is solely at Your own risk and subject to all
applicable national and international laws and regulations. We have
no responsibility for any information or other services obtained by
You on the Internet.
10.11 We reserve the right to restrict access
to the Service and to impose data traffic restrictions at Our
discretion, in order to implement new facilities, allow data
retrieval and maintain Service levels. Where practicable You will
be advised of any such measures by email and/or via Our website
within a reasonable timeframe. We further reserve the right to
filter emails and to remove any email that We in Our absolute
discretion consider to be email spam.
10.12 The provision of personal web space and
email facilities require Us to provide storage space on Our
computers and servers. In order to assist the management of Our
services (including but not limited to the provision to You of the
Service), You acknowledge and agree that:
10.12.1 We shall be entitled to delete any
emails in any individual email account if the storage space
utilised by such account is in excess of the Email Storage Limit.
We also reserve the right to suspend the further use of any such
account (including receipt of emails) unless and until the account
meets the Email Storage Limit; and
10.12.2 We shall be entitled to delete any
emails in any individual email account that has not been accessed
for ninety (90) consecutive days; and
10.12.3 We shall be entitled to delete all
emails in any or all of Your email accounts immediately upon the
termination of this Agreement and/or the cessation of Our provision
to You of the Service; and
10.12.4 We shall be entitled to delete any
individual email accounts that have not been accessed for 1 year
and You accept that any emails not previously opened or accessed
will no longer be available to You..
10.13 You acknowledge and agree that any such
deletion of such emails under section 10.12 shall be without
liability to You, and We shall not be required to provide You with
prior notice of the same.
10.14 Our website http:www.cwgsy.net contains
local content that is provided to Us by third parties. We cannot be
held responsible for the content provided to Us by those third
parties.
10.15 We are not responsible if You Permanently
Delete any emails that You send or receive using Our online system.
We are not able to retrieve any messages that You have deleted. You
can change Your preferences to create a Deleted folder that stores
your deleted emails until You chose to empty it. If this option is
selected messages are only Permanently Deleted once deleted from
this folder;
11. General Terms and Conditions
Special Provision of ServiceTelecommunications
Equipment
Fault RepairRelocation and
Reconfiguration
Term of ServiceTemporary Service
InterconnectionPayment
Deposits and Payments in AdvanceDefault
CancellationSuspension
Call Monitoring and RecordingAccommodation,
Power and Lightning
Customer Premise EquipmentInformation and
Permissions
Access to PremisesComplaints and
Arbitration
AssignmentCopyright
Duration and Entire AgreementIndemnity
LawMatters Beyond Reasonable Control
NoticeUse of Information
SeverabilityVariation
Waiver
12. To Contact Us
If You wish to contact Us about any aspect of
the C&W Dial-Up Internet Service please send an email to
sales@cwgsy.net or email the
Helpdesk on
support@cwgsy.netIssue 4