You must read these terms and conditions before accessing FreeUK. By accessing FreeUK you agree to be bound by the terms and conditions set out below.
1.1 "You" means the user, "FreeUK" means FreeUK Internet Limited, "Services" means all services provided by FreeUK, including but not limited to email, personal web space, newsgroups, search facilities, content and directory services.
2. Exclusion of Warranties
2.1 Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into these terms and conditions by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will FreeUK be liable for economic, indirect or consequential loss.
2.2 FreeUK and the Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to FreeUK or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
3. Limitation of Liability
3.1 You acknowledge that FreeUK is unable to exercise control over the content of
the information passing over the FreeUK connection and/or the FreeUK network and/or the Service, and FreeUK hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
3.2 You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with these terms and conditions, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
3.3 You agree to indemnify and hold FreeUK harmless from any claim brought by
a third party resulting from your use of the FreeUK connection and/or the FreeUK network or Services, including but not limited to infringement of any intellectual property right of any kind, legislation or regulation. You shall defend and pay all
costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against FreeUK arising from such claims, and shall provide FreeUK with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense. Such actions will be taken in consultation with you.
4. Registration Information
4.1 You agree to provide true, accurate, current and complete information
which you are required to provide when you register as a FreeUK user, and notify
us immediately of any changes to the information you supplied. You also agree not
to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to terminate your account if any part
of the information you supplied is untrue, inaccurate, out-of-date or incomplete.
5. Data Protection
5.1 We reserve the right to provide information concerning your account and activities whilst using the FreeUK services if we are requested to do so by the police or a regulatory or government authority in investigating illegal activities.
6. Improper Use
6.1 Web space
6.1.1 You are restricted to 25Mb of web space. It is your responsibility to ensure that your disk usage does not go over this limit.
6.1.2 You shall not disclose your password to anybody.
6.1.3 You are not permitted to use any server-side cgi or other program other than those placed by FreeUK into the main cgi-bin directory.
6.1.4 You are responsible for keeping backups of all your own data. FreeUK will not be responsible for loss of your data for any reason.
6.1.5 You are responsible for ensuring that the data offered in your web space does not break any UK law or any law in your home country.
6.1.6 You shall not resell your free web space.
6.1.7 You may not charge for access to your free web space, or use it for commercial advertising of a third party's products or services, including providing commercial links or adult verification systems.
6.1.8 You must not promote your web space in such a way that you would breach this Policy, whether through FreeUK or an alternative Internet Service Provider.
6.1.9 You must make sure that any content of an adult nature must contain a warning page as to the content of the site which should be displayed prior to the viewing of any such adult content.
6.2 Email and Usenet
6.2.1 You must not use FreeUK services for initiating or propagating 'chain' email or 'pyramid' emails, sending bulk or unsolicited emails, using your FreeUK account as a maildrop for responses for any of the actions above.
6.2.2 You must not email a person after they have specifically requested that you do not mail them. This applies to any automated mail system you employ.
6.2.3 You must not send email or post articles with headers modified in such a way as to disguise the true source of such mail or article.
6.2.4 You not post articles of a commercial nature to groups which are inappropriate to the subject of the article. This covers 'spamming'.
6.2.5 You must not use the service to post articles which contravene the charter of the group to which the posts are made. This includes binary attachments being posted to non-binary newsgroups.
6.3 It is your responsibility to respect and obey the rules of the Internet Relay Chat server to which you are connected. The policies of the server can usually be found by typing /motd while connected to the server.
6.4 You must not use your FreeUK account for the purpose of obtaining unauthorised access to any computer or service.
7. Suspension of Services
7.1 FreeUK may at any time suspend provision of any Services in whole or in part until further notice with immediate effect if:
a) FreeUK is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, or
b) FreeUK needs to carry out work relating to upgrading or maintenance of the FreeUK network but providing that FreeUK has given you a reasonable period of notice practicable in the circumstances, or
c) the telephone calling line identification is blocked from the telephone line which you use to access FreeUK, or
d) the material you publish on your web site is suspected to be illegal, or
e) your web site gets an abnormally high number of hits, or
f) the presence of your web site adversely affects in any way the ability of FreeUK to provide its services to others, or
g) You breach any clause contained in these terms and conditions.
7.2 If your pop3 mailbox remains unaccessed for a period exceeding 120 days FreeUK will delete all mail within the mailbox, without notification, in order to minimise the impacts of spam and email borne viruses on the service. Should the pop3 box remain unaccessed for a further 30 days FreeUK will suspend acceptance of new email for the account until such time as the user recommences using the mail service.
7.3 If FreeUK exercises its right of suspension in respect of an event referred to in this Clause, this will not exclude its right to terminate your account later in respect of that or any other event, nor will it prevent FreeUK from claiming damages from you resulting from such event if you are in breach of these terms and conditions.
8. Calling Line Identification
8.1 You must make sure that the telephone calling line identification is not blocked from the telephone line which you use to access FreeUK.
9.1 You will be required to select a username and password during the
registration process. You are responsible for maintaining the confidentiality of
the username and password and are fully responsible for all activities which occur under them. Other users of your username and password shall be bound by these terms and conditions as if they were you. You agree to immediately notify us of any unauthorised use of your username or password or any other breach of security of which you become aware.
10.1 FreeUK reserve the right to terminate your account without notice if you do not connect to the Internet using your FreeUK dial up service at least once in each period of 60 days. If you are no longer using the dial-up facility but still wish to keep the associated email address, you can convert the account into a email-only account by paying a fee of £14.99 (excluding VAT) per annum. The dial-up facility on this account will still work if needed, but there will no longer be any obligation on your part to use it in order to keep the account open, provided the annual fee is paid. Such an account will still be bound by the same terms and conditions as the original free account except where explicitly stated otherwise.
10.2 FreeUK may terminate your account (including your username and password) forthwith where you are in breach of these terms and conditions or acted inconsistently with the spirit of these terms and conditions.
10.3 In the event of termination you shall immediately cease to make use of
10.4 You agree that FreeUK do not have to give you prior notice of any suspension
10.5 Notwithstanding the above, Claranet reserves the right to cancel any account for any reason (whether used or unused), upon the provision of 30-days written notice by email. For email-only accounts where such notice is served, the customer will be able to continue to use the service up to the end of the billing period currently paid for, after which the service will be terminated.
11.1 Each provision of these terms and conditions shall be construed separately, applying and surviving even if for any reason one or other of those provisions is
held inapplicable or unenforceable in any circumstance they shall remain in
force notwithstanding the termination or expiry of these terms and conditions.
11.2 No waiver by us shall be construed as a waiver of any proceeding or
succeeding breach of any provision
11.3 These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.
11.4 FreeUK reserves the right to modify or amend these terms and conditions at
any time giving the customer notice either by email or a message on the FreeUK
web site's announcements section.
11.5 FreeUK reserves the right to publish on its web site details of breaches under these terms and conditions and the action taken including the name of the account holder.
11.6 These terms and conditions are governed by and shall be construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English Courts.