Website Terms and Conditions

IMPORTANT LEGAL NOTICE 

Attention: This legal notice applies to the entire contents of this Website under the domain names www.athernet.com and/or www.athernet.co.uk ("Website") and to any correspondence by e-mail between us and you. This notice is issued by Athernet Limited t/a Athernet Solutions ("The Company"). Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with the Company. If you do not accept these terms, do not use this Website. 

1. Introduction  

1.1 You will be able to access most areas of this Website without registering your details with the Company although some areas of this Website are only available to you if you register.  

1.2 By accessing any area of this Website, you shall be deemed to have accepted this legal notice in full. If you do not agree to accept this legal notice in full, do not access or use this Website.  

1.3 The Company reserves the right to:-  

1.3.1 alter and/or update any information or content on this Website without notice and/or  

1.3.2 terminate this Website without notice.  

1.4 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.  

2. Licence  

2.1 You are permitted to print and download extracts from this Website for your own personal use provided that you agree to comply with the following conditions:-  

2.1.1 no documents or related graphics on this Website are modified in any way;  

2.1.2 no graphics on this Website are used separately from accompanying text; and  

2.1.3 the Company's copyright and trade mark notices and this permission notice appear in all copies.  

2.2 Unless otherwise stated, copyright and all other intellectual property rights in all material on this Website (including without limitation source code, web pages, content, databases, graphics, photographs and all other digital products used for the construction and maintenance of this Website) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.  

2.3 Subject to clause 2.1, no part of this Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without the Company's prior written permission.  

3. Access  

3.1 The Company shall use its reasonable endeavours to ensure that this Website is available without interruption. The Company will not be liable if for any reason this Website is unavailable for any period at any time.  

3.2 Access to this Website may be suspended without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control and for such time as deemed appropriate by the Company.  

3.3 The Company shall not be responsible for loss or damage caused by your failure to notify the Company of any alterations made to this Website by you or any third party on your behalf.  

4. User's Obligations  

4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.  

4.2 You are prohibited from posting or transmitting to or from this Website any material:  

4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause offence;  

4.2.2 for which you have not obtained all necessary licences and/or approvals;  

4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in England or Wales or any other country in the world; or  

4.2.4 which is technically harmful or destructive (including but not limited to software viruses, Trojan horses, worms, harmful code, corrupted data or any other malicious software, data or program).  

4.3 You may not subject this Website to any form of misuse and in particular you shall not obtain unauthorised access to or modify computer material either with or without intent to commit or facilitate commission of further offences under the Computer Misuse Act 1990 or any statutory re-enactment thereof.  

4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.  

5. Usage of Third Party Websites  

5.1 Any links to third party Websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company does not control and is not responsible for the content or availability of such third party Websites. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this Website, you do so entirely at your own risk. The Company shall not be liable for any loss or damage arising from your use of or reliance on the contents of the third party Websites.  

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and that you warrant that you will comply with the following conditions:  

5.2.1 you do not remove, distort or otherwise alter the size or appearance of the Athernet Solutions logo;  

5.2.2 you do not create a frame or any other browser or border environment around this Website;  

5.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;  

5.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;  

5.2.5 you do not otherwise use any Athernet Solutions trade marks displayed on this Website without express written permission from the Company;  

5.2.6 you do not link from a Website that is not owned by you; and  

5.2.7 your Website does not contain content that is obscene, offensive or controversial, infringes any intellectual property rights or other rights of any third party or which otherwise fails to comply with any laws and regulations applicable to Websites.  

5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.  

5.4 You shall fully indemnify the Company for any loss, damage, legal fees or other expense suffered by the Company or any of its group of companies as a result of your breach of the warranty in clause 5.2.  

6. Site Registration  

6.1 Each registration is for a single user only and the Company does not permit you to share your user name and password with any other person nor with multiple users on a network.  

6.2 You are solely responsible for maintaining the security of any passwords and the Company accepts no liability for any loss or damage caused by your failure to keep your password secure.  

6.3 You undertake that all details provided to the Company for the purposes of registration are correct.  

7. Disclaimer  

7.1 The Company shall use its reasonable endeavours to ensure that the information on this Website is accurate and up-to-date although the Company does not warrant the accuracy of the material on this Website. The Company may alter products, services and prices described in the Website at any time without notice. The Company is not obliged to keep all material on this Website up-to-date.  

7.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.  

7.3 The Company does not warrant that the functionality of this Website will be free of any defect and/or virus.  

8. Liability  

8.1 The Company, any other party (whether or not involved in creating, producing maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise)) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any Websites linked to this Website or the material on such Websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any Websites linked to this Website. Nothing in this legal notice shall exclude or limit the Company's liability for (i) death or personal injury caused solely by the Company's negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

8.2 If your use of material on this Website, results in the need for servicing, repair or correction of computer hardware, software, programs or data, you assume all costs thereof.

9. Governing Law and Jurisdiction  

This legal notice shall be governed by and construed in accordance with English law. All disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.