ideas taking shape ISP Services Terms & Conditions

The paragraphs below set out the basis on which we, ITS - IDEAS TAKING SHAPE LTD, are making our ISP Services (which means the content, web space, e-mail, and other services provided by us) available to you.

1. Registering for hosting services.

You must provide true, accurate, current and complete information when you register as a user of these services. You must also notify us immediately of any changes to this information by e-mailing us at info@ideastakingshape.co.uk.

We reserve the right to terminate your account (including user name and password) if any of this information is untrue, inaccurate, out-of-date or incomplete.

2. Treatment of registration information and your privacy

We will respect your privacy and will abide by all applicable data protection legislation when dealing with your registration information.

We may use your registration information - or other personal information submitted by you at another time - in accordance with any purposes for which your consent is or has been given as part of the process during which you submit that information. If you gained access to our ISP services via a CD-ROM supplied by a third party, we reserve the right to make any of your details available to that party without prior consent. Your details may be passed on and stored by companies that we have contracted with to provide our services but only for the purpose of providing those services to you. If you do not wish this information to be passed on please do not go any further.

We will not disclose your registration or other personal information to any third party without your consent: other than as set out above; as required by law or any competent authority; or as permitted by the Data Protection Act 1998.

3. Your access to our ISP services.

These are the Terms of Use ('ToU') on which ITS - IDEAS TAKING SHAPE LTD will provide you with access to the Internet. We may decide to update them at any time and without notice to you - your use ofour ISP services is on the basis of whichever version of these terms is current at that time.

You must comply with the ToU at all times. You must also adhere to the Acceptable Use Policies ('AUP') that we publish from time to time. If you breach any requirement of either of them, we have the right at our sole discretion to suspend or terminate your hosting account without notice or to block access to any component of our ISP services.

You may only access the machines and the specific ports needed to use our ISP services. Any other use of our equipment is unauthorised and is a criminal offence under current UK Law.

We reserve the right to suspend or cancel your user account at our sole discretion, including further to clauses 1.2 and 3.2 above and in the event that we do so you agree that we will have no liability to you. If we do cancel your user account - and if you close your account - this will mean that all your e-mails and any material contained within your webspace will be deleted.

We reserve the right to deny access to all or any part of our ISP services if the telephone calling line identification ('CLI') is withheld or unavailable from the telephone line that you use to access ideastakingshape.co.uk. You accept that if we suspend or terminate the user account of another member of your business then you will not be able to access our ISP services (as this is based upon CLI).

4. Your obligations and your liability to us

You will not use our ISP services for any illegal purpose and you will comply with the ToU and with the AUPs as set out in clause 3. In particular you will not use our ISP services to distribute or make available any material (nor will you choose an email address) which is obscene, defamatory, offensive, menacing or otherwise objectionable or which may, in the opinion of ITS - IDEAS TAKING SHAPE LTD, be perceived as such by a reasonable third party.

You will be required to select a username and password during the registration process or you will be given them directly from us. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under the username and password, including indemnifying ITS - IDEAS TAKING SHAPE LTD for any claims against or losses suffered by it in relation to any unauthorised use of our ISP services. 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.

You acknowledge that all copyright, trademarks and all other intellectual property rights in any material supplied as part of our ISP services shall remain vested in us or our licensors. You acknowledge that you are permitted to use this material only as expressly authorised by Us or our licensors and may not copy, reproduce, transmit, distribute or create derivative works of such material without express authorisation from us; and

You agree that your correspondence with, or participation in the promotions of, advertisers or merchants found on using our ISP services, including payment for and delivery of related goods, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants using our ISP services.
You agree to indemnify ITS - IDEAS TAKING SHAPE LTD and our directors and employees, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms of Use by you or any other liabilities arising out of your use of our ISP services.

You are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access our ISP services.

Where you use our ISP services to reach networks and services not operated by us, you will abide by the AUPs and Terms and Conditions imposed by the operators of those networks and services. We disclaim all liability for any breach of this clause.

5. Our obligations and our liability to you

We will use our reasonable endeavours to maintain our ISP services as an uninterrupted service but you will not be eligible for any compensation if you cannot use our ISP services at any time or for any period of time due to any failure, suspension or withdrawal of all or part of it.

Our ISP services is provided on an "as is" and "as available" basis and we make no warranty or representation, whether express or implied, that we will meet your requirements or will be uninterrupted, timely, secure or error-free. In particular, we make no warranty as to our completeness, accuracy, satisfactory quality or fitness for a particular purpose.

We reserve the right to modify or discontinue, temporarily or permanently, our ISP services or any part of it with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or discontinuance of our ISP services.

No warranty is given by us as to results that may be obtained or the accuracy of any information obtained through our ISP services and we accept no liability for any third party material or the contents of any third party website whether or not we links to that material or website.

We are not liable for any use you make of our ISP services, nor for any content which you may send or receive using our ISP services, nor for any charges that you incur with any third party or for any transactions entered into through our ISP services, nor for any software running on your host. You agree to indemnify us against the effects of any acts or omissions by you in relation to our ISP services or any claims resulting from such acts or omissions by you.

We shall not be liable for any consequential losses you may suffer arising from or in any way connected with our ISP services, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss whatsoever (even where we have been advised of the possibility of such loss or damage).

Any decision we make in relation to our ISP services, these Terms of Use or the AUPs shall be final.

Any waiver by us of any of our rights shall not prevent us from bringing any proceeding and will not be construed as a waiver of any succeeding breach of any provision by you.

6. General legal points

These Terms of Use constitute the entire agreement between us with respect to their subject matter.

These Terms of Use and all other legal relationships between us shall be governed by English law, and are subject to the exclusive jurisdiction of the English courts.

If any part of these Terms of Use or any AUP shall be held to be invalid or unenforceable, this shall not affect the enforceability of any other provision of these Terms of Use or AUPs.