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 Legal

  1. Dial up services Terms and conditions
  2. Broadband Terms and conditions  
  3. inspiron privacy policy 


1.  Dial up Services Terms and Conditions

All the legal notes you need to know relevant to dial up access:

You must read and accept these Terms and Conditions before you can receive Internet Access Services from us.

You have requested that we provide certain Internet access services ("Internet Access Services") to you as set out in our web site (the "Portal") at the date of this Agreement. These Terms and Conditions set out our agreement for the provision of Internet Access Services to you (the "Agreement").

1.0 Commencement and duration of this Agreement
1.1 This Agreement commences on the date we accept your request to receive Internet Access Services (the "Commencement Date") and will continue indefinitely until terminated earlier by you or us in

2.0 Our provision of the Internet Access Services
2.1 We will provide the Internet Access Services set out in your online registration form to you with reasonable skill and care and in accordance with the provisions of this Agreement. We can only provide Internet Access Services in areas of the United Kingdom where we are technically able to from time to time.

2.2 In order to use the Internet Access Services, you need a telephone line, a modem and a personal computer of a minimum specification.

2.3 We cannot guarantee that the Internet Access Services will be fault free. However, if a fault occurs, you should report the fault by telephone, electronic mail or in writing to the support service contact details as set out in the Portal from time to time and we will endeavour to rectify the fault as soon as reasonable practicable.

2.4 We may suspend the Internet Access Services where necessary for operational reasons such as repair, maintenance or improvement of the Services or because of an emergency. Except in the event of an emergency, we will try to give you as much notice as possible of any periods of downtime of the Internet Access Services by posting a notice on the Portal or sending you an e-mail or by any other reasonable means. We will restore the Internet Access Services after suspension as soon as reasonably practicable.

2.5 We may, for operational or other reasons, change any codes or the numbers allocated to you or the specification of the Services. We may also modify or update the Internet Access Services. Any such changes will not materially affect the Internet Access Services.

2.6 We may remove any website you have created using the Internet Access Services if:

2.6.1 your website does not contain an index file (index.htm or index.html) in the root directory of your homepage; and

2.6.2 you have not accessed your website for more than 3 months.

2.6.3 you website has, at our sole discretion, exceeded the bandwidth permitted for such websites as laid down in the Portal.

2.7 We may delete any email held using email addresses you have registered with the Internet Access Services if you have not accessed your email for more than 3 months.

2.8 In order to register for the Internet Access Service you must be (and hereby warrant that you are) at least 18 years of age and resident in the United Kingdom.

2.9 We require CLI which is "Calling Line Identification". You must ensure that the call line identification function is operational when you access and during your use of the Service (if your telephone number is withheld then add 1470 before the number you dial).

3.0 Fees
3.1 This Clause 3 applies only to our Broadband Internet Access Services and not dial up access, which is charged at a local rate call tariff by a telecommunications service provider.

3.2 You agree to pay us the appropriate charges for your Internet Access Services as detailed in our Price List (the "Fees"). Where you have agreed to participate in any free trial promotion, the Fees will apply from the date on which the free trial comes to an end and continue for the remainder of the term of this Agreement.

3.3 We will send you your first bill once we commence the provision of the Broadband Internet Access Services. We will send you a further bill every month, but we may send you a bill at any time. All bills will be sent by e-mail.

3.4 You must provide us with your valid credit card details to enable us to collect the Fees.

3.5 If your credit card payment fails we will inform you and you must ensure that your Fees are paid by an alternative method by the last payment date as stated on your bill. You must pay any deposits or setup fees payable under this Agreement when we ask for them.

3.6 Failure to pay:
3.6.1 If you fail to pay the Fees within 4 days following the due date for payment for any reason, we reserve the right to immediately withdraw your entitlement to the Internet Access Service. We may also charge an administration fee as detailed in our Price List.

3.6.2 If you fail to pay the Fees we may send a letter to you requiring full payment of the Fees within 10 days.

3.6.3 If you fail to pay the Fees within the 10 day period referred to in any letter sent by us to you then at any time 18 days after the original due date for payment, (i) we may charge a further administration fee (as detailed in our Price List) together with a fee for the submission of a further warning letter (again as detailed in our Price List); and (ii) we may send a letter to you requesting the discharge of your account in full, which must be effected within 7 days from the date of this letter, failing, which we reserve the right to refer your outstanding account to our credit
control department.

3.6.4 If your Fees remain unpaid within 25 days after the original due date for payment, a security deposit of 3 times your average monthly invoice may be required by us before we reinstate your Internet Access Services.

3.6.5 If your Fees remain unpaid 32 days after the original due date for payment, your Internet Access Service and this Agreement may be terminated by us and appropriate action may be taken by us to collect the outstanding sums.

3.7 You may cancel a payment of the Fees or any other relevant payment, which is made by your credit, or debit card where it has been used fraudulently in connection with this Agreement.

4.0 Your use of the Internet Access Services
4.1 These Internet Access Services are provided solely for your use and you may not resell or attempt to resell the Internet Access Services (or any part of it) to any third party.

4.2.1 in a way that is in unlawful or fraudulent; or

4.2.2 to deliver, knowingly receive, upload, download, use or re-use any information or material which is abusive, defamatory, obscene or menacing, or in breach of any copyright, privacy or any other rights; or

4.2.3 to send or to promote the sending of any unsolicited advertising or
promotional material; or

4.2.4 in a way which infringes any third party's Intellectual Property
Rights; or

4.2.5 in a way that does not comply with any written or electronic
instructions sent by us to you or posted on the Portal by us from time to time.

4.3 You shall be responsible for any losses, expenses or other costs
incurred by us that are caused by your breach of Clauses 4.1 or 4.2. We shall notify you of any such claims or proceedings and inform you regularly as to the progress of such claims or proceedings.

4.4 We do not guarantee the accuracy or completeness of any of the information, sound, software and any other materials (in whatever form) and services made available to you from the Portal or any further information or results which may be derived from it. We encourage you to make your own evaluation before relying upon any information contained on the Portal and before entering into any transaction with one of our third party affiliates.

4.5 You acknowledge that we will not be responsible for any sites, goods or services offered or made available on the Internet provided by third parties.

4.6 We may, at our sole discretion, implement an automatic cut-off to interrupt your Internet session after a fixed period of time (for example 2-3 hours). The purpose of the automatic cut-off is to maximise the performance of the Internet Access Service for all users. If your Internet session is interrupted by the automatic cut-off, you may immediately reconnect to the Internet Access Service. There is no limit on the number of times you can connect to the Internet Access Service.

4.7 You acknowledge that we will not be responsible for the content of the chat areas, whether moderated by Inspiron or not. By entering these areas, you and your sub-account holders accept this, and agree to waive any claims against us for any distress, injury, loss, liability, damage and expense arising from or in connection with your use of these areas or their contents
and you will indemnify us against any claims arising from your and your sub-account holders' use of these areas or any content of the areas which you post or create.

5.0 User names and Password
5.1 You must ensure that your user name(s) and password(s) used in connection with the Internet Access Services are kept confidential and are only used by authorised users. You must inform us immediately if you know or suspect that your user name(s) or password(s) has been disclosed to an unauthorised user or is being used in an unauthorised way. You must not change or attempt to change a user name without our consent.

5.2 We may:

5.2.1 suspend your user name(s) and password(s) if at any time we think that there is or is likely to be a breach of security; and

5.2.2 ask you to change any password(s).

5.3 You must provide accurate information in your online registration form and inform us immediately if there are any changes to that information.

5.4 You accept and acknowledge that the Internet Access Services, like other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Internet Access Services.

6.0 Personal Data
6.1 We may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain the Internet Access Services. Please note that we may record your telephone calls to us and we will keep a record of your personal data you have provided to us or which we have legitimately obtained in connection with the Internet Access Services.

6.2 We will comply with the Data Protection Act 1998 and other any
applicable data protection legislation. By registering for the Internet
Access Services you consent to our using and/or disclosing your personal information for the following purposes:

6.2.1 processing your application, which may involve credit checking by a
licensed credit reference agency who may record that a credit check has been made and disclosing certain personal information and account details to a bank for the purposes of setting up a direct debit mandate;

6.2.2 providing, or arranging for third parties to provide, help desk
facilities which may be available to you and to bill you for the Internet Access Services which may involve disclosing your personal information to third parties solely for those purposes;

6.2.3 to selected third parties for the purposes of providing and operating the Internet Access Services; and

6.2.4 providing, or arranging for third parties to provide, any additional
services you request from us;

6.2.5 as required or permitted by law from time to time.

6.3 We will not use your personal data for marketing other products and services or any third party products and services without having given you the opportunity to opt out of such marketing opportunities.

7.0 Intellectual Property Rights
7.1 You warrant that you are entitled to use any trademark or name that you are seeking to use in any Domain Name(s) uniform resource locator ("URL") or
e-mail address.

7.2 We may require you to change your Domain Names, URL or e-mail address and we may suspend the Internet Access Services if we reasonably believe that any Domain Name, URL or e-mail address you are using is, or is likely to be, offensive, abusive, defamatory or obscene or in breach of Clause 4.5.

7.3 Content on the Portal is protected by copyright, trademarks and other Intellectual Property Rights. You must not and must not permit anyone else to copy, store, modify, distribute externally, broadcast or publish any part of the Portal.

8.0 Limitation of liability
8.1 Nothing in this Agreement excludes either party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

8.2 Neither party will be liable to the other under this contract for any loss or damage caused by it or its employees or agents in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach or any increase in loss or damages results from breach by the party suffering loss of any terms of this Agreement. Further, our liability shall not in any event include losses related to your business such as loss of data, loss of profits or business interruption.

8.3 Subject to Clauses 8.1 and 8.2, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident or series of related incidents be limited to the value of the annual Fees paid (or payable) by you to us in the calendar year in which the liability first arose or the sum of £200 whichever is the greater.

9.0 Cancellation, Suspension and Termination of this Agreement
9.1 Subject to Clause 9.2, you have the right under the Distance Selling Regulations 2000 to give notice to cancel this Agreement within 7 working days of the date of this Agreement. Notice should be sent as set out in Clause 11.5 of this Agreement. In the event of cancellation this Agreement shall be treated as if it had not been made.

9.2 If you use the Internet Access Services prior to the expiry of the cancellation period, as set out in Clause 9.1, you agree that you will not have the right to cancel this Agreement.

9.3 Subject to Clause 9.3.1: either party may terminate this Agreement on giving 30 days written notice to the other at anytime and for any reason. You must pay the Fees up to and including the date of termination for all Internet Access Services you receive from us.

9.4 Subject to Clause 9.5, either party may terminate this Agreement or the Internet Access Services provided under it immediately, without notice, if the other commits a material breach of this Agreement and, where such a breach is capable of remedy, fails to remedy the breach within 14 days of a written notice to do so.

9.5 We may at our sole discretion immediately suspend or terminate this Agreement or suspend the provision of the Internet Access Services in the event that:

9.5.1 we are directed by any competent authority to cease the provision of the Internet Access Services or any part of it; or

9.5.2 you fail to pay the Fees where you are required to do so, as set out in Clause 3; or

9.5.3 any credit card details submitted by you for payment cease to be valid; or

9.5.4 you use the Internet Access Services in breach of Clauses 4, 5 or 7; or

9.5.5 your agreement with your telecoms provider for your direct analogue exchange line is terminated; or

9.5.6 your use of the Internet Access Services materially disrupts the provision of our services to other customers.

If we suspend the Internet Access Services we may terminate this Agreement at any time if the circumstance(s) in Clause 9.5 remain.

10.0 Force Majeure
Neither party will be liable to the other for any failure to deliver the
Internet Access Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.

11.0 General Provisions
11.1 We may change the terms of this Agreement (including the Fees) at any time, provided that if the change is likely to materially prejudice your use of the Internet Access Service we will give you notice of the changes at least 14 days before the change is to take effect at which time you may terminate this Agreement in accordance with Clause 9.4.

11.2 We intend to rely upon the terms and conditions set out in this
Agreement. To protect your own interest, please read the terms and
conditions carefully before signing. If you are in any doubt as to the
meaning of the terms and conditions, please contact us via the contact details contained on the Portal.

11.3 This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

11.4 Notices given under this Agreement, other than a notice under Clause 2.4 of this Agreement, must be in writing and may be delivered by fax or e-mail. Notices shall be deemed to have been given on the date following the date of sending by fax or e-mail. Notices must be sent to the following addresses:

11.4.1 to us at the relevant details set out on the first page of this
Agreement or any alternative address which we notify to you or which appears on the Portal from time to time;

11.4.2 to you at the relevant details which you submit during the
registration process.

11.5 We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.

11.6 If any part, term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.

11.7 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

12.0 Law
Relevant United Kingdom law applies to this Agreement and the parties submit to the exclusive jurisdiction of relevant United Kingdom Courts.


2.  Broadband Services Terms and Conditions

All the legal notes you need to know relating to our broadband:

This document sets out the terms and conditions of your use of the broadband services of Inspiron Limited ("Inspiron") and - together with the schedules for pricing, services, specification and technical support set out as links from this page - comprises the full agreement for your use of our broadband services ("the Agreement").

1 Commencement and Duration of this Agreement
1.1 This Agreement commences on the date you accept these terms (by clicking on the "I accept" button during the registration process) (the "Commencement Date") and will continue for an indefinite period unless terminated by either party in accordance with Clause 13 of this Agreement. Our Acceptance of your application for broadband services is subject to us performing a credit check on you and being satisfied in all respects with the outcome of the credit check.

2 Our Provision Of The Services
2.1 We will provide the broadband services (the "Broadband Services") to you with reasonable skill and care and in accordance with the provisions of this Agreement. Whilst we will use our reasonable endeavours to begin providing these Broadband Services by any date provisionally agreed with you, we have no liability for any failure to meet any date. We can only provide services in areas of the United Kingdom in which we are technically able to offer broadband services from time to time.

2.2 In order to use the Broadband Services, you need an existing telephone line and a personal computer of a minimum specification. You acknowledge that we are dependent upon certain third parties to install and provide the Broadband Services to you. You also acknowledge that there may be technical limits that prevent us from delivering an operational service to you. We will endeavour to provide the Broadband Services to you at the access rate you choose but, due to congestion within the network, the speed of service may be reduced at times.

2.3 We do not undertake to provide a fault free service. If, however, a fault does occur, you should report the fault to the Support service by telephone or electronic mail. We will let you know as soon as reasonably practicable of any periods of downtime of the Support Service.

2.4 We may suspend the Broadband Services including during scheduled periods of downtime where necessary for operational reasons such as repair, maintenance or improvement of the Services or because of an emergency. Inspiron will restore the Services as soon as it reasonably can after suspension.

2.5 We may, for operational or other reasons, change any codes or the numbers allocated to you or the specification of the Services but any such changes will not materially affect the Broadband Services.

2.6 We reserve the right to vary the Content (as defined in clause 5.2 below) from time to time in our sole discretion and do not guarantee or warrant that any particular item or items of Content will be available at any given time or at the commencement of the Services.

2.7 We may immediately suspend your access to the Broadband Services in the event that you do not pay an invoice in accordance with Clause 3.

3.0.0 Charges And Deposits
3.1 You agree to pay us the charges as detailed in our Price List.

3.2 We will send you your first bill shortly after we begin providing the Broadband Services. We will send you a further bill every month, but we may send you a bill at anytime. We will send bills to the address on your registration details or any other address you ask us to use. We also reserve the right to issue bills by e-mailing these bills to you every month (although we reserve the right to send you a bill by e-mail at any time).

3.3 During the registration process, we will ask you to complete/provide a payment by credit card to enable us to collect payments from your account, and for any additional services that we may provide to you. If you seek to discharge your account in a manner other than by way of standing order or credit card (e.g. cheque) then we reserve the right to levy an additional administration charge as detailed in our price list.

3.4 You must pay all charges in accordance with your credit card authority, or if, for some reason, your credit card payment fails (within 4 days of the date due, as mentioned in 3.5.1). You must pay all deposits when we ask for them.

3.4.1 Credit card payments may be processed on our behalf by a third party.


3.5.0 Failure to pay.
3.5.1 If your electronic payment is rejected, or becomes, or is, invalid or unavailable, thereby preventing us from recovering the sums due under your account within 4 days following the due date for payment, we reserve the right immediately to withdraw your access to the Broadband Services. You will also be charged an administration fee as detailed in our Price List.

3.5.2 In these circumstances, we will contact you giving you 10 days in which to arrange for your account to be discharged in full.

3.5.3 If, in response to our contacting you, you provide us with your valid payment details so as to enable us to collect the sums due on your account, we will re-apply for payment. If your proposed electronic payment method is still rejected, invalid or unavailable, or if your account remains outstanding for any other reason, 18 days after the original due date for payment, then (i) you will be charged a further administration fee (as detailed in our Price List) together with a fee for the submission of a further warning letter (again as detailed in our Price List), and (ii) a letter will be sent to you requesting the discharge of your account in full, and/or for appropriate arrangements to be made with us for your account to be discharged, which must be effected within 7 days from the date of this letter, failing which we reserve the right to refer your outstanding account to Inspiron' s credit control department.< P>

3.5.4 If your account remains unpaid for a period of 25 days after the original due date for payment, a security deposit of three times your average monthly invoice will be required before we reinstate your Broadband Services.

3.5.5 If your account remains unpaid for a period of 32 days after the original due date for payment, your service will then be terminated and your account will be referred to Inspiron's credit control department for it to take the appropriate action to collect the outstanding sums.

3.5.6 If we are required to instruct our solicitors or other professional advisers to collect any outstanding sums on your account, you will be responsible for, and we will look to you to discharge, those costs that are incurred by us in taking such action.

3.6 You must ensure that the account holder's name is the same as the name on the payment details that are provided.

3.7 If you currently receive a broadband service from an alternative supplier you are responsible for any contractual agreement you have with them and any liabilities you may incur for terminating your current agreement.

3.8 If you change address, you may transfer the Broadband Services to your new address on payment of the Moving Fee.

4 Equipment
4.1 You will ensure that any equipment that you attach (directly or indirectly) to the Broadband Services is technically compatible with the Broadband Services and that its use does not breach any relevant legislation or telecommunications industry standards.

5 Your Use of the Broadband Services
5.1 These Broadband Services are provided solely for your use and you cannot resell or attempt to resell the Broadband Services (or any part of it) to any third party. In addition, if you have a mail server, you must not allow relay emails from outside your domain from your mail server.

5.2 We do not warrant or guarantee the accuracy or completeness of any of the information, sound, software and any other materials (in whatever form) and services made available to you as part of the Broadband Services (the "Content") or any further information or results which may be derived from it. You acknowledge that you will not rely on any Content in making any business or other decision and that your use of the Content is at your sole risk.

5.3 Please note that there may be additional conditions (either ours or those of a third party) displayed on line relating to particular Content. These conditions will also form part of this Agreement should you access such Content.

5.4 You are entirely responsible for evaluating any goods or services offered by third parties via the Broadband Services or on the Internet. We will not be a party to or in any way be held responsible to you for any transaction between you and third parties.

5.5 You warrant that any information you make available on any webspace that we may provide to you, both yours ("Customer Information") or that of a third party ("Third Party Content") is and will remain wholly accurate and will not include any information or material, any part of which, or the accessing of which or use of which, would be a criminal offence or is otherwise unlawful.

5.6 You also warrant that you will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities and relevant licences which relate to the provision of the information on your website including those notified by us to you.
5.7 You must not use the Broadband Services:

5.7.1 in a way that breaches any legislation or any licence applicable to you or that is in any way unlawful or fraudulent; or

5.7.2 to deliver, knowingly receive, upload, download, use or re-use any information or material which is abusive, defamatory, obscene or menacing, or in breach of any copyright, privacy or any other rights; or

5.7.3 to send or procure the sending of any unsolicited advertising or promotional material; or

5.7.4 in a way that does not comply with our specific instructions.

5.8 You will fully indemnify us against any actual or potential claims or legal proceedings against us by a third party because of your use of the Broadband Services in breach of the provisions of this Clause 5. We shall notify you of any such claims or proceedings and inform you regularly as to the progress of such claims or proceedings.

6 Access and Security
6.1 You will at all reasonable times, provide our employees and agents, and anyone acting on Inspiron's behalf producing a valid identity card, with access to the Location. We will normally only require access during normal working hours but may, require you to provide access at other times, on reasonable notice.

6.2 Our employees and agents will observe your reasonable premises regulations, as previously notified to us in writing. You will provide a suitable and safe working environment for our employees and those of any third parties who assist us in providing the Broadband Services to you.

6.3 You will use your reasonable endeavours to provide personnel, resources and any other information as we reasonably require, to assist us in the provision of the Broadband Services to you.

7 User names and Passwords
7.1 You must ensure that user names and passwords used in connection with the Broadband Services are kept confidential and are only used by authorised users. Please inform us immediately if you know or suspect that a user name or password has been disclosed to an unauthorised user or is being used in an unauthorised way. You must not change or attempt to change a user name without our written consent.

7.2 We reserve the right (at our sole discretion):

7.2.1 to suspend user names and password access to the Broadband Services if at any time we think that there has been or is likely to be a breach of security; and

7.2.2 to ask you to change any or all of the passwords you use in connection with the Broadband Services.

7.3 You must inform us immediately of any subsequent changes to the information you supply to us when you register for the Broadband Services.

7.4 You accept and acknowledge that the Broadband Services, as other Internet applications, is not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Broadband Services.

8 Personal Data
8.1 We may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain the Broadband Services. Please note that we may record your telephone calls to us and we will keep a record of personal information you provide to us in connection with the Broadband Services.

8.2 We will comply with our obligations under the Data Protection Act 1998.
8.3 By registering for the Broadband Services you consent to our using and/or disclosing your personal information for the following purposes:

8.3.1 processing your application (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account);

8.3.2 providing or arranging for third parties to provide Customer Care/Help Desk facilities and billing you for the Broadband Services (which may involve disclosing your information to third parties solely for those purposes); and

8.3.3 to selected third parties for the purposes of providing and operating the Broadband Services and installing Equipment.

9 Intellectual Property Rights
9.1 You warrant that you are the owner of, or that you are authorised by the owner of, any trade mark or name that you wish to use as your registered Domain Names ("Domain Names") and use as part of your uniform resource locator ("URL").

9.2 If we undertake Domain Names and URL registration on behalf of you, you will reimburse us for any registration fees paid by Inspiron to the Internet registration authorities. We do not guarantee that any Domain Names or URL requested by you will be available.

9.3 We may require you to select a replacement Domain Names or URL and may either refuse to provide or may suspend the Broadband Services if we reasonably believe that the Domain Names or URL is, or is likely to be, offensive, abusive, defamatory or obscene or in breach of the provisions of Clause 5.7.

9.4 Any patents, design rights, know-how, copyrights, trade marks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide ("Intellectual Property Rights") relating to the Broadband Services or arising during the development of the Broadband Services, belong to us or to a relevant third party.

9.5 The Content is protected by copyright, trademark and other Intellectual Property Rights, as applicable. You must not and must not permit anyone else to copy, store, modify, distribute externally, broadcast or publish any part of the Content, and the Content may only be used for your own purposes.

10 Software/Hardware
10.1 The provision of software remains your responsibility. Inspiron do not accept any responsibility for any third party software or hardware, including modems. Third party suppliers are simply provided to help you, and no responsibility can be accepted by Inspiron for any software or hardware provided to you by third party suppliers.

11 Intellectual Property Right Indemnity
You will fully indemnify and hold us harmless against all claims and proceedings arising from infringement of any third party's Intellectual Property Rights by reason of your use or publication of the Customer Information, the Content or Third Party Content.

12 Limitation of Liability
12.1 Nothing in this Agreement excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

12.2 Neither party shall be liable to the other, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.

12.3 Subject to Clauses 12.1 and 12.2, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident of series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose.

12.4 We are under no obligation to edit, review or modify Customer Information or Third Party Content. However, we reserve the right to remove any Customer Information or Third Party Information without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.

12.5 You acknowledge that in providing the Broadband Services we are not engaging in "investment business" (as defined in the Financial Services Act 1986 (FSA)) nor is any Content intended to be an "investment advertisement" for FSA purposes.

12.6 We exclude all liability of any kind in respect of:

12.6.1 Customer Information, Third Party Content, Content and any other material on the Internet which can be accessed using the Broadband Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Broadband Services or on the Internet;

12.6.2 the accuracy, completeness or suitability for any purpose of any Content; and

12.6.3 the acts or omissions of other providers of telecommunications or Internet services (including Domain Name registration authorities) or for faults in or failures of their equipment.

13 Termination of this Agreement
13.1 We may at any time (whether during the Initial Period or otherwise) terminate this Agreement.

13.2 We may at our sole discretion terminate this Agreement or suspend the Broadband Services immediately, in the event that;

13.2.1 we are directed by any competent authority to cease the provision of the Broadband Services or any part of it; or

13.2.2 you fail to pay any charges for the Broadband Services; or

13.2.3 any credit card or direct debit details submitted by you for payment are found not to be or cease to be valid; or

13.2.4 if you use the Broadband Services in contravention of any of Clauses 5, 7 and 9; or

13.2.5 Your contract with us or your telecoms provider for your direct analogue exchange line is terminated; or

13.2.6 our contract with any third party who assists us in providing the Broadband Services to you is terminated; or

13.2.7 we become aware of any breach of third party Intellectual Property Rights caused by the Customer Information or the Third Party Content.

If we suspend the Broadband Services in accordance with this Clause 13.2, we may, at any time following such suspension (and if the circumstance in Clause 13.2 remains) immediately terminate the Agreement.

13.3 You have the right to cancel this agreement by giving written notice within 7 days from the date of acceptance of this agreement. Your written notice must be sent to

support@inspiron.co.uk and clearly marked ‘Cancellation’.

13.4 You may terminate this Agreement on giving at least 30 day’s notice. You must pay all Fees for the Broadband Services until the date on which the termination notice expires.

13.5 You may also terminate this Agreement at any time on giving at least 1 month's notice if you move to a new address to which it is not possible to provide the Broadband Services on production of proof of your changed address.

13.6 Either party may terminate this Agreement immediately, on notice, if the other commits a material breach of this Agreement and fails to remedy the breach within 28 days of a written notice to do so.

13.7 Upon termination or expiration of this Agreement registration to any of our services or those of third parties provided in the course of and/or for the purposes of the Broadband Services will cease at such time as the provision of the Broadband Services ends.

14 Force Majeure
Neither party will be liable to the other for any failure to deliver the Broadband Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to: lightning, exceptionally severe weather, fire, explosion, war, industrial disputes, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.

15 General Provisions
15.1 We may change the provisions of this Agreement (including the charges) at any time, provided that we will give you notice of the changes at least 14 days before the change is to take effect at which time you may terminate this Agreement if the change materially affects the Broadband Services.

15.2 This Agreement represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written.

15.3 The parties acknowledge and agree that:

15.3.1 the parties have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it; and

15.3.2 in connection with this Agreement the parties' only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Agreement and that all other rights and remedies are excluded, except in the case of fraud.

15.4 This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party, which exists or is available apart from that Act.

15.5 Notices given under this Agreement must be in writing and may be delivered by hand, courier or first class post, by fax or e-mail to the following addresses:

(a) to us at the relevant address provided during the registration process for Inspiron or any alternative address which Inspiron notifies to you;
(b) to you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to Inspiron.

15.6 You may not assign, sub-contract or transfer any of your rights or obligations under this Agreement without the prior written consent of Inspiron. Inspiron may assign or transfer its rights and/or obligations from time to time.

15.7 If any part, term or provision of this Agreement is held to be illegal or unenforceable the validity or enforceability of the remainder of this Agreement will not be affected.

15.8 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

16 Law
This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.


3.  inspiron privacy policy

We are committed to protecting your right to privacy. Any information you provide to us will be held on computers that are based in the UK. We collect information about our users in order to help continually improve the Internet Access and Portal Services. We may also use the demographic information you provide us to enter into commercial arrangements, including
the sale of advertising space. We will always adhere to the Data Protection Act 1998 (UK) in relation to our use of your information and any other applicable data protection laws. This Privacy Policy relates only to our use of the information you provide us and your use of the Portal and does not extend to your use of the Internet other than the Portal.

What data do we collect from you?
We collect the personal data you provide when you register for Internet Access Services with us. We also collect any other personal data that you provide when using the Portal, for example, to enter competitions. We may also use cookie technology to monitor which areas of the Portal you prefer. The information obtained from the cookies is not stored alongside your personal data and will only be used on an anonymous, aggregated basis.

Private Communications
It is our policy to respect the privacy of private communications. We will not intentionally inspect the contents of private communications sent or received using the Portal or Internet Access Service except as required or permitted to do so by law.

Children
We do not specifically collect information about children and believe that children should always get the consent of their parents before giving out any personal information. Where children are specifically encouraged to participate within the Portal, they will always be advised that they should seek parental permission before they continue with the activity. We recommend that parents actively participate and where possible monitor their children' s P use Service and Portal. No child (under the age of 18) is permitted to sign up for our Internet Access Service.

Keeping your details private
The use of Newsgroups or Forums/Chat, either within the Portal or on the Internet, is at your own risk. This may result in you receiving unsolicited messages from other parties who have picked up your details from such services.

Disclosure of data in accordance with law
We may need to disclose your data to appropriate persons where required or permitted by law (for example, to law enforcement authorities in relation to the investigation of a suspected criminal offence).

Changing contact details
You can update or amend your contact details at any time from within the Portal. If you have any questions about the use of your personal data or if you wish to know how you can inspect or correct other personal data we may hold please contact us by e-mail, by completing a form within the 'Contact Us' area of the portal, or fax in accordance with Clause 11.4 of the Terms and Conditions or via the Contact Details provided on the Portal.

Changes to the Policy
We may need to amend the Privacy Policy from time to time. Any such amendment will take effect as soon as it is posted on the Portal. You are therefore encouraged to familiarise yourself with the Privacy Policy on a regular basis. The Privacy Policy will always be easily accessible online through the Portal.  

 

 

 

 


 



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