"Business Customer"

means that your use of the Service is for use by you in connection with your trade, business or profession or otherwise for use by a company, partnership, organisation or other entity for which you work or to which you provide professional services;

"Consumer"

means that your use of the Service is for personal use only and you do not use the Service as a Business Customer;

"Effective Date"

means the date when we send written confirmation to you under Clause 2.3 and when these Conditions come into effect;

"Internet"

means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol");

"we"/"us"/"our"

means Demon;

"you"/"your"

denotes you, the customer.

1.1

The Service is described on the on-line registration pages or the Order Form. It offers you access to the Internet over which we supply email, usenet news, messaging, chat and other functions and services. From time to time, we may alter the features and functions made available as part of the Service, but we shall ensure that the overall quality, quantity and variety of features and functions remains consistent.

1.2

We will implement systems designed to reject certain undesired email (including unsolicited commercial email) or delete them before delivery. You may choose to receive unsolicited commercial email at any time by 'opting out' at https://www.password.uk.demon.net/webpassword.cgi

2.1

To use the Service, you need to supply us with certain details either on your Order Form or on the online registration pages. We will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.

2.2

On acceptance and confirmation by us of your application for the Service, we will ask you to set up a password and a security phrase (together being your "Account"). This is required so that we can identify you and make changes to your Service over the phone, having verified your identity. It is your responsibility to keep these confidential and not disclose them to any other person for any reason. If you disclose your password or security phrase you will be liable for any losses you incur if they are misused; we will accept your password or security phrase as authority to make any changes to your Service or Account. You are fully responsible for all action taken in respect of your Account whether or not the use is made by you or by someone else using your password.

2.3

The provisions of the Order Form or the online registration pages are not binding on us unless and until we confirm to you acceptance in writing of your order.

3.1

If you are a Business Customer, we reserve the right to add to and/or amend provisions of these Conditions at any time. If we amend these Conditions, we will notify you by sending you an email to your "postmaster" mailbox address or a letter advising of the amendment. We will also display a notice on the Demon web site currently found at www.demon.net for a period of 30 days prior to and 30 days after any amendment coming into effect it is your responsibility to refer to such additions and changes. If you continue to use the Service after any amendments to the provisions of these Conditions have been notified to you, you will be deemed to have accepted such amendments.

3.2

If you are a Consumer, we reserve the right to add to and/or amend the Conditions at any time. If we do amend these Conditions, we will send you an email to your "postmaster" mailbox address or a letter advising of the amendment. We will also display a notice on the Demon web site currently found at www.demon.net for a period of 30 days prior to and 30 days after any amendment coming into effect. You may terminate your use of the Service by sending us an email to customerservice@demon.net within 30 days of receiving our notification. We will then reimburse you in accordance with Clause 6. If you continue to use the Service after any amendments to the provisions of these Conditions have been notified to you and after the 30 day period has expired, you will be deemed to have accepted such amendments.

4.1

It is your responsibility to keep the personal data that you provide to us up to date. We may send notices or other information to you at the address you give us.

4.2

You warrant and undertake to us that all of your personal data, payment and contact details are accurate and complete and that you will notify us immediately of any change to your personal data by sending us an email to customerservice@demon.net.

4.3

You will keep your passwords and security phrases secret and will not disclose them to third parties for any purpose. You must notify us of and change any password or security phrase which you believe may have been compromised.

4.4

You may be subject to a standard credit check. The information that you provide may be disclosed to a licensed credit reference agency which may retain a record of the search. You hereby expressly authorise us to make such disclosures.

5.1

Your subscription to the Service is for a minimum period of 12 months, commencing on the Effective Date, and shall be automatically renewable for additional 12 month periods.

5.2

The fees and payment methods for the Service are set out on the Order Form and the online registration pages. Subscriptions for the Service are annual and payable in advance and therefore must pay for each 12 month period for which you wish to receive the Service at the start of such 12 month period. We may however, in our sole discretion, allow you to pay monthly in advance. Such decision may be amended or revoked by us at any time by giving you written notice to that effect. No invoice or receipt will be issued for this monthly concession, but you can request a statement of payment regarding your monthly payments.

5.3

We reserve the right to increase or decrease the fees for the Service from time to time. Details of any such increase or decrease shall be posted in accordance with Clause 3.1 of these Conditions and your right to cancel the Service as set out in Clause 6 shall apply.

6.1

If you are a Consumer, and provided that your Account remains inactive for 7 days from the Effective Date, you may cancel the Service at any time during such 7 day period without incurring any obligation or liability to us. We will refund all monies you have paid to us within 30 days of receipt of your notification that you wish to cancel. If you choose to do this, please complete the Cancellation Form available by phoning us on 0845 272 2666 or found at customerservice@demon.net or write to us indicating your intention to cancel and either, (a) send it to us at Customer Relations, Gateway House, 322 Regents Park Road, Finchley, London N3 2QQ; (b) leave it at the above address; (c) send it by facsimile to [020 8371 1150]; or (d) send it by email to customerservice@demon.net. You cannot cancel pursuant to this Clause 6.1 once you have used your Account, eg. by taking any action under your password.

6.2

You may cancel the Service at any time, on not less than 7 days' notice by sending an e-mail to us at customerservice@demon.net. We will then refund the payment pro rata for each complete month of Service for which you have paid falling after the 7 day notice period.

7.1

If you are a Business Customer - We shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to our network systems or security, and in doing so we will act reasonably and fairly at all times.

7.2

We reserve the right to take any action we deem appropriate and proportionate to the breach of the Conditions.

7.3

If we decide that you have breached the Conditions, we will use reasonable endeavours to ensure that you are made aware of the breach without suspension or cancellation of the Service. However it may be necessary due to the severity of the breach to suspend or cancel the Service whilst details of the breach are investigated further. We reserve the right to suspend or cancel your Account at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.

7.4

If you are a Consumer - We shall investigate any suspected or alleged breach of these Conditions and in doing so we will act reasonably and fairly at all times. We reserve the right to take any action we deem appropriate and proportionate to the breach of the Conditions. If we decide that you have breached the Conditions, we will give you 7 days notice of our intention to suspend or cancel the Service and, if the breach is capable of remedy by you, you will have the opportunity to remedy the breach before the end of the 7 day notice period. If the breach is incapable of remedy, or you fail to remedy it, we reserve the right to suspend or cancel the Service at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. Particular examples of breaches which are incapable of remedy include failure to pay any sum when properly due, jeopardising or compromising the security or integrity of our network and serious breach of the AUP, including, for example, the posting or transmission of defamatory content through or in connection with the Service.

7.5

Without limitation, you expressly authorise us to use your personal data and other Account information in connection with any such investigation, including by disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome.

8.1

We may retain your personal data for the following purposes:

8.2

Without limitation, you expressly authorise us to use your personal data and other Account information in connection with any such investigation, including by disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome.

9.1

The Service is accessed via a telecommunications dial-up connection. These Conditions do not include the provision of telecommunication services necessary for connection to the Service. You are responsible for making a separate application for the appropriate service and for complying with the conditions applicable to it.

9.2

You may only access the machines and the specific ports listed in the current List of Service Machines which may be found at http://www.demon.net/helpdesk/technicallibrary/faq/config/index.html  . Unauthorised use of Demon's equipment may be a criminal offence under current legislation.

We may include links from time to time from the Service to other Internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites. You may wish to use one of the available filtering software products to help prevent access to certain web content. If you would like suggestions as to packages available then contact us on 0845 272 2666 or by email customerservice@demon.net.

11.1

You may send us any complaints with the Service or notices under or in connection with these Conditions:

11.2

As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received, and thereafter retain, an acknowledgement from us. This will normally be sent within 7 working days of our receipt of your notice. If you have not received an acknowledgement within 7 working days you must advise us accordingly. This clause does not apply to notices sent to Demon regarding abuse of the Internet.

We will use our reasonable endeavours to maintain the Service. The Service is subject to change from time to time. If you cannot use any part of the Service or where a failure, suspension or withdrawal of all or part of the Service is beyond our reasonable control, compensation will not be payable. Should any part of the Service be unavailable for any other reason for a period of 24 consecutive hours or more and during that time we are unable to provide suitable alternative services, we will extend the period for which you have paid free of charge for the same number of part or full day(s) that the Service remains unavailable.

13.1

Nothing in these Conditions shall exclude or limit our or your liability for (a) death or personal injury resulting from the negligence of either of us or our servants, agents or employees or (b) fraud.

13.2

Subject to Clauses 7, 13.1 and 17, your and our liability in contract, tort (including liability for negligence) or otherwise arising in connection with these Conditions shall be limited to £10,000 for any event or related series of events and £25,000 for all events in any period of 12 months.

13.3

Subject to Clauses 13.1 and 17, neither of us shall be liable in contract, tort (including liability for negligence), or otherwise arising in connection with these Conditions for:

in any case, whether or not such losses were within the contemplation of either of us at the date of these Conditions, suffered or incurred by either of us arising out of or in connection with the provisions of any matter under these Conditions.

13.4

To the fullest extent permissible under law, except as set out in these Conditions, each of us excludes all conditions, warranties, representations (other than fraudulent misrepresentations) and warranties relating to the Service, whether imposed by statute or by operation of law or otherwise, that are not expressly stated in these Conditions including, without limitation, implied conditions of satisfactory quality and fitness for a particular purpose. This clause does not effect any statutory or other rights available at law to Consumers.

13.5

Each provision of this Clause 13 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of these Conditions.

14.1

You shall comply with these Conditions and act lawfully and honestly at all times in order to be able to continue to participate in the Service.

14.2

You shall not share use of the Service, or any part of it, with any other person except:

14.3

You shall procure that any person with whom you share use of the Service under Clause 14.2 complies in full with these Conditions as if they were an original party to them. You are responsible for any misuse of the Service by anyone with whom you share the Service.

14.4

If you are a Business Customer - You may not make any unauthorised commercial use of the Service. Without limitation, this means that you may not make the Service available as part of a network or access or run it simultaneously from or on more than one operating unit. You agree to keep full and accurate records of any and all operating units on or in connection with which the Service is enabled and shall permit us to review and evaluate such records from time to time to ensure your compliance with your obligations in this Clause 14.4.

14.5

If you are a Consumer - The Service is supplied to you for your personal use. You may not commercialise it or use it in connection with any occupation, trade or profession without our prior written consent.

14.6

Where you use the Service to reach networks and services not operated by us, you will abide by the Acceptable Use Policies or Terms and Conditions imposed by the operators of those networks and services.

15.1

You agree that your use of the Service is at your sole risk.

15.2

The Service is provided to you on an "as is" and "as available" basis and to the fullest extent permitted by applicable laws we exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. This clause does not effect any statutory or other rights available at law to Consumers.

15.3

We make no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error free or will operate as contemplated in these Conditions, nor that defects, if any, in the Service will be corrected.

16.

You acknowledge and agree that all copyrights (including rights in software), trade marks, database rights, patents, inventions and other intellectual property rights in and relating to the Service are owned by us and our licensors. Nothing in these Conditions shall transfer ownership or any aspect of ownership in these rights to you.

17.1

If you are a Business Customer you agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by you or through parties using your Account, and (b) any transmission or receipt of any content or message which you have requested or made using the Service.

17.2

If you are a Consumer, you must indemnify us against any claims or legal proceedings arising from the use of the Service under these Conditions (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person.

18.1

These Conditions (including, for the avoidance of doubt, the AUP and the Order Form) contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals (whether written or oral) between us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions, including any information received via our Customer Service Department. Each of us confirms that, in agreeing to enter into these Conditions, neither of us has relied on any representation except as has been expressly set out in these Conditions and we both agree that neither party shall have any remedy in respect of any misrepresentation which has not become a term of these Conditions, except in respect of any fraudulent or negligent misrepresentation, whether or not such has become a term of these Conditions.

18.2

Except as set out in Clause 14.2, you may not share with any other party your rights or obligations under these Conditions.

18.3

We reserve the right to assign or sub-contract any or all of our rights and obligations under these Conditions without your further consent to such assignment or subcontract.

18.4

You agree not to make use of anyone else's personal details other than as provided for by Clause 14.2 and as strictly necessary to participate in the Service.

18.5

Any failure by either of us to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision.

18.6

We shall not be deemed to be in breach of these Conditions or otherwise liable for any delay in performance or any failure to perform any obligations under these Conditions (and the time for performance shall be extended accordingly) if and to the extent that the delay or failure is due to circumstances beyond our reasonable control.

18.7

If any provision of these Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, we both nevertheless agree to give effect to our intentions as reflected in the provision, and the other provisions of these Conditions shall remain in full force and effect and this shall not effect the enforceability of any remaining provisions of these Conditions.

These Conditions and the Service shall be governed by the laws of England and Wales and we both submit to the non-exclusive jurisdiction of the courts of England.