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eBay Privacy Policy
To view a more user friendly description of our Privacy Policy and to answer questions regarding this policy, please go to our Privacy Central web pages at
pages.ebay.co.uk/help/privacycentral1.ht...
By accepting this Privacy Policy and the User Agreement, you expressly consent to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the eBay User Agreement.
This Privacy Policy contains a number of references to other information pages on our Site and other websites. Please note: underlined words and phrases are click-through links to these pages and websites. eBay strongly recommends that as you read this Privacy Policy, you click on such links to obtain further important details about the Privacy Policy, as they may contain further terms and conditions which apply to you as an eBay member.
Please note that your Information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the UK laws but eBay will hold and transmit your Information in a safe, confidential and secure environment. eBay will never sell or rent your personal information to third parties except as described in this Privacy Policy. If you object to your Information being transferred or used in this way please do not register.
If you have any questions, please refer to our Privacy Policy Revision Frequently Asked Questions. Your questions may also be answered by sending email to
ukprivacy@ebay.com. If eBay does not respond to your inquiry or you believe that your inquiry has not been satisfactorily addressed, please contact TRUSTe at
www.truste.org/users/users_watchdog.html...
Privacy Policy
Overview
Your Privacy is very important to us. Our privacy practices are held to high standards as proposed by outside organizations such as TRUSTe. For more information on TRUSTe, please go to
www.truste.org.
As part of the normal operation of our services we collect and, in some cases, may disclose information about you. This Privacy Policy describes the information we collect about you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about eBay's practices so that you can make informed decisions.
The privacy practices of this statement apply to the
pages.ebay.co.uk/ website (the "Site"). All other eBay companies worldwide operate under similar privacy practices as described in this Privacy Policy and, subject to the requirements of applicable local law, we strive to provide a consistent set of privacy practices throughout the global eBay trading community. Their specific privacy policies are available from our Privacy Central pages at
pages.ebay.co.uk/help/community/png-priv...
As described below, some of your personally identifiable information is disclosed to third parties and used by us and third parties. By accepting the Privacy Policy, you expressly consent to our use and disclosure of your personally identifiable information.
Table of Contents
A Special Note About Children
Information We Collect
Our Use of Your Information
Our Disclosure of Your Information
Advertisers
eBay Community
External Service Providers
Internal Service Providers
Other Corporate Entities
Legal Requests
Your Use of Other Users' Information
Use of e-mail Tools
Control of Your Password
Accessing, Reviewing and Changing Your Personally Identifiable Information
Other Information Collectors
Security
Appendix
Notice
A Special Note About Children.
Children are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians.
Information We Collect.
Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier.
Under some circumstances we may require some additional financial information, such as, but not limited to credit card details if you are registering using an email account at a free email service, or registering to sell on our site. We use this financial information, including to verify your name, address, and other information, as well as to bill you for your use of our services.
We automatically track certain information based upon your behavior on our site using cookies and other devices. We use this information to do internal research on our users' demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address.
We use data collection devices such as "cookies" on certain pages of our site. "Cookies" are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. (For more information about why we use cookies, click here.) Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site and you may be required to reenter your password more frequently during a session.
Additionally, you may encounter "cookies" or other similar devices on certain pages of our site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties.
If you choose to bid, buy or sell on our site, we collect information about your bidding, buying and selling behaviour. We also collect other users' comments about you in our feedback area.
If you establish a credit account with us to pay the fees we charge, we collect some additional information, including a billing address, a credit card number and a credit card expiration date and tracking information from checks or money orders.
If you choose to post messages in our Cafés, chat rooms or other message areas or leave feedback for other users, we will collect that information you provide to us.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
If you register for eBay on another web site or use a web site providing a service for eBay or a web site that helps facilitate your activity on eBay, that web site may provide personal information about you and your transactions back to eBay.
For a chart showing what information we collect from or about you, and who has access to that information, please see the Appendix.
Our Use of Your Information.
We use information in the files we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our User Agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information to identify users using multiple User IDs or aliases. Please note that your personally identifiable information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the UK laws but as we explain below, eBay will hold and transmit your personal information in a safe, confidential and secure environment.
If you choose to list an item for sale on our site or open a credit account, we use your address and billing information to bill you and provide associated support.
You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs.
You agree that we may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on the notification preferences page. You may make changes to your notification preferences at any time.
Our Disclosure of Your Information.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed.
Advertisers.
We aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are never disclosed to marketing advertisers.
eBay Community.
Throughout the Site, you are identified by your User ID. We recommend that you do not select your email address as your User ID. If you do so, you will disclose your email address to other users and third parties. As a result, other users and third parties might send you unsolicited email and be able to personally identify all of your public activities on the Site. Although our pages are coded with robot exclusion headers, others may illegally attempt to automatically collect your email address from our site. We describe how to change your User ID below in Section 8. Even if your User ID is not your email address, your User ID can be used to identify you and your activities throughout the Site. Other people can see your bids, items that you have purchased in the past, your feedback rating and associated comments, your postings on the Site, and so on. We also provide a number of ways to allow other users to find out more about you and your site activities, such as our feature that allows users to quickly see all of the items you are offering at the time. If you are involved in a transaction, we have a feature that allows other users to view your email address and obtain your contact information.
External Service Providers.
There are a number of services offered by external service providers that help you use our Site (e.g., co-branded sites, listing agents, escrow, authentication, mediation). If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We may, for your convenience, provide some of your personally identifiable information to the external service provider offering such services. However, before we disclose your personally identifiable information to an external service provider, you will see what data is about to be sent and have the ability to approve the disclosure. To prevent our disclosure of your personally identifiable information to an external service provider, you can decline such disclosures or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. Users who register on an eBay co-branded web site (for example, CompuServe, AOL.com, and AOL) grant eBay permission to pass your email address to that co-branded web site and affiliated web sites. The use of such information by the co-brand and affiliated web sites is limited by their applicable privacy policies.
Internal Service Providers.
We may use internal service providers to facilitate our services (e.g., search, discussion boards, surveys) and therefore we may provide some of your personally identifiable information directly to them. In some instances, the internal service provider may collect information directly from you (such as the situation where we ask a internal service provider to conduct a survey for us). In these cases, you will be notified of the involvement of the internal service provider, and all information disclosures you make will be strictly optional. In all cases, these internal service providers' use of information we supply them is restricted by confidentiality agreements. If you provide additional information to an internal service provider directly, then their use of your information is governed by their applicable privacy policy.
Other Corporate Entities.
We share much of our data, including personally identifiable information about you, with our parent, affiliates, subsidiaries and joint ventures that are committed to serving your online trading needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. Our parent, affiliates, subsidiaries and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. It is possible that eBay, its subsidiaries, its joint ventures, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that eBay would share some or all of your information in order to continue to provide the service. You will receive notice of such event (to the extent it occurs) as provided in Section 11 ("Notice") and we will require that the new combined entity follow the practices disclosed in this Privacy Policy.
Legal Requests. eBay cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. Further, we can (and you authorize us to) disclose your User ID, name, street address, city, state, zip code, country, phone number, email, and company name to eBay VeRO Programme participants as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
For a chart showing what information we collect from or about you, and who has access to that information, please see the Appendix.
Your Use of Other Users' Information.
In order to facilitate interaction among all eBay community members, our service allows you limited access other users' contact information. As a seller you have access to the User ID, email address and other contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the User ID, email address and other contact information of the seller.
By accepting this Privacy Policy, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an eBay-related communication or eBay-facilitated transaction, eBay hereby grants to you a license to use such information only for: (a) eBay-related communications that are not unsolicited commercial messages, (b) using services offered through eBay (e.g. escrow, insurance, shipping and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel, VeRO programme participants, and other rights holders are given different rights with respect to information they access.
eBay and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add an eBay user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other eBay users, please send an email to the Trust and Safety team via the web form (at
pages.ebay.co.uk/help/basics/select-RS.h...).
Use of Email Tools
You may not use the Email This Auction to a Friend service or other email forwarding services that we offer to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses.
If you send and email using the Email This Auction to a Friend service to an email address that is not registered in our community, we do not use that email addresses for any purpose other than to send your email. We do not rent or sell these email addresses. We generally discard the email addresses some time after they have been used to send your email.
Control of Your Password.
You are responsible for all actions taken with your User ID and password, including fees. Therefore we do not recommend that you disclose your eBay password to any third parties. If you choose to share your User ID and password or your information with third parties to provide you additional services, you are responsible for all actions taken with your User ID and password and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in Section 8 below.
Accessing, Reviewing and Changing Your Personally Identifiable Information.
Following registration, you can review and change the information you submitted during registration including:
Your User ID and e-mail address. If you change your User ID we keep track of your old User ID(s) and your new User ID.
Your registration information such as: name, company, address, city, state, zip code, country, primary phone number, secondary phone number, fax number and gender.
Your password.
Your notification preferences.
Your credit card number and expiration date, and other financial information.
You must promptly update your information if it changes.
Once posted, you cannot change or remove any public postings made in our chat rooms or other message areas. Feedback comments can only be changed in accordance with our Feedback Removal Policy.
Upon your written request, we will deactivate your account, contact information, and financial information from our active databases. To make this request, email
ukprivacy@ebay.com. Such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law.
We will retain in our files information you have requested to remove in some circumstances, such as to resolve disputes, troubleshoot problems and enforce our User Agreement. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored "back up" systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
Other Information Collectors.
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are bidders, buyers or sellers on our Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since eBay does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others.
Security.
eBay uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including "firewalls" and Secure Socket Layers. eBay treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet.
Notice.
We may change this Privacy Policy from time to time based on your comments and our need to accurately reflect our data collection and disclosure practices. All changes to this policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the announcements board and sending email to users who select such notification preference. We provide you with thirty (30) days notice to allow you the opportunity to notify eBay if you do not agree to such changes as described in Section 8.
Related Help topics
Privacy Overview
Publishing Contact Information
eBay User Agreement
Address of this page:
pages.ebay.co.uk/help/policies/privacy-p...
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Your User Agreement
Welcome to the User Agreement for eBay UK.
The services available at
pages.ebay.co.uk/ are provided by eBay International AG (“eBay”), located at Bubenbergplatz 5, 3011, Bern, Switzerland.
This Agreement describes the terms and conditions applicable to your use of our services at
pages.ebay.co.uk/. If you do not agree to be bound by this Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of eBay. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as an eBay member. Please note: underlined words and phrases are click-through links to these pages and websites.
By agreeing to this User Agreement, you also agree that your use of other eBay web sites will be governed by the terms and conditions posted on those web sites.
Please refer to our User Agreement Frequently Asked Questions or our User Agreement Revision Frequently Asked Questions if you have any questions about this Agreement.
We may amend this Agreement at any time by giving you notice by e-mail or by posting the amended Agreement on our site. Any amended Agreement will govern new user registrations from the date that it is posted on our website. Existing users will be bound by the amended Agreement after the expiry of 30 days following the date of notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by eBay.
This Agreement is effective on 14 January 2002 for new registering users and is otherwise effective on 16 February 2002 for all users registered prior to 14 January 2002. The last amendment to this Agreement was effective for all users on 27 September 1999.
Our rights.
Our services are not available to persons under the age of 18 years or to temporarily or indefinitely suspended eBay members. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
User ID.
You will be assigned a User ID on completion of registration. You are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.
eBay is Only a Venue.
3.1 eBay is not an auctioneer. Although, we are commonly referred to as an online auction web site, it is important to realise that we are not a traditional auctioneer.eBay acts as a venue which allows registered users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of formats including fixed price and auction-style. We do not review listings provided by users and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
3.2 Restricted Items.
You must not offer, sell, export, bid for, buy or import firearms, knives or other offensive weapons of any sort (unless such items are classed as antiques as further explained in our list of Prohibited, Questionable and Potentially Infringing Items), or explicit sexual materials or other items of an adult nature. You must not offer or sell dangerous items, or items in a condition liable to cause harm to people or property. eBay does not accept any obligation to protect you from unsafe items listed for sale on the eBay website. Please do not assume that items listed will be harmless to people or property.
3.3 Identity verification.
eBay cannot and does not confirm the purported identity of users or the validity of the information which users post to our website. Our User ID feedback rating system will help you to evaluate the user with whom you are dealing. We encourage you to communicate with potential trading partners using the tools available on our website. Please refer to our Buying and Selling Tools page for more information.
3.4 Feedback.
You must not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -4, your right to use our services will be suspended, and you will be unable to list or bid. Feedback ratings are not designed for any purpose other than for facilitating trading between eBay users, and you agree that you shall not market or export your eBay feedback rating in any venue other than an eBay website. We do not provide the technical ability to allow you to import feedback from other websites to eBay because such feedback does not reflect your reputation within our community.
3.5 Release.
In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release eBay (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
3.6 Information Control.
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
Bidding and Buying. As a buyer, you will be obligated to complete a transaction with a seller:
if you purchase an item through one of our fixed price formats; or
if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is listed in a category under our Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item's description. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid is placed, a clear typographical error is made, or you cannot authenticate the seller's identity. Please refer to our Bid Retraction Policy for further clarification. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for.
Listing and Selling.
Listing Description.
If you are a seller, you must ensure that you are legally able to sell each item included in a listing, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. All items must be listed in an appropriate category. All "Dutch Auction" items must be identical. You must not promote identical items in more than ten listings (whether Dutch or normal auction style)on our website at any time.
No Cancellation.
You acknowledge that we will commence supplying our services to you as soon as you have sent a "Sell Your Item" form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.
Binding Bids.
A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the auction, unless: (a) the item is listed in a category under our Non-Binding Bid Policy; (b) the buyer fails to meet the conditions of the seller's listing (such as payment method); or (c) the seller cannot authenticate the buyer's identity.
VeRO Programme.
We are not responsible for verifying a seller's right to list and sell items. eBay’s Verified Rights Owner ("VeRO") programme attempts to ensure that listed items do not infringe upon the copyright, trade mark or other rights of third parties. By participating in our VERO programme, third parties can notify us in the event that they believe their intellectual property rights to have been infringed, and we may remove such infringing items and/or suspend infringing sellers. Please note that selected personal information which you provide to us may be made available to VeRO participants as is described in our Privacy Policy.
Manipulation.
You must not manipulate the price of any item or interfere with other user's listings or auctions. Without limitation, you must not: (a) bid in an auction where you are the seller or procure any person to do so on your behalf; (b) contact bidders in an auction where items are listed for sale in order to offer similar items to the bidders in that auction; or (c) make bids or make any payment using a false User ID.
Fees.
Joining eBay and bidding on items is free. Our Fees and Credits Policy forms part of this Agreement. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board (or such later date as we may notify). Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our website and all applicable taxes.
Your Information.
7.1 Definition
"Your Information" is defined as any information you provide to us or other users in relation to the eBay service including the registration, bidding, listing or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within our website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
7.2 Restrictions
Your Information and your activities on our Site must not:
be false, inaccurate or misleading;
be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
be fraudulent or involve the sale of counterfeit or stolen items;
be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;
be obscene, indecent or contain child pornography;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a website other than eBay's (this does not prevent linking to or advertising an eBay item from another website); or (dd) you do not have a right to link to or include;
contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.
You must not list any item on our website (or complete any transaction initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law or our Prohibited, Questionable and Infringing Items Policy
7.3 Licence
To enable eBay to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known. Our Privacy Policy will govern use of Your Information.
Access and Interference.
Our website contains robot exclusion headers and you agree that you will not use or induce the use of any robot, spider, other automatic device, or manual process to monitor or copy our website or the content contained therein without our prior express written permission. You agree that you will not use or induce the use of any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our website or any auction being conducted on our website. You agree that you will not take any action that imposes or may lead to an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not and will not induce others to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior express written permission of eBay or the relevant eBay user.
Breach.
Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you: (a) if you breach this Agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us ; or (c) if we believe that your actions may cause legal liability for you, our users or us.
Privacy.
Please note that Your Information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the UK laws but eBay will hold and transmit your Information in a safe, confidential and secure environment. eBay will never sell or rent your personal information to third parties except as described in the Privacy Policy. If you object to your Information being transferred or used in this way please do not register.
Please refer to our Privacy Policy for further information.
No Warranty.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement.Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £100.
Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Notices.
Unless otherwise explicitly stated, notices to eBay must be sent by registered mail to eBay International AG, attention eBayUK Legal, Bubenbergplatz 5, 3011 Bern, Switzerland, and notices to you will be sent to the email address that you provide to eBay during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail. Notices sent by registered mail will be deemed received 3 days following the date of mailing.
Governing Law and Legal Compliance.
This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.
Once an item has ended, if you and the other party are both based in the European Union then the seller's local law will govern further dealings as to shipment, payment etc. unless you both explicitly agree otherwise. Note however, that your country (and/or that of any user you deal with) may have laws which apply regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
Dispute Resolution.
Disputes between you and eBay regarding our services may be reported to eBay Customer Support. We encourage you to report all disputes between users to your local law enforcement body. However, any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by eBay. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Third Party Rights.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
General.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by eBay, in our sole discretion, to a third party in the event of a merger or acquisition. You and eBay are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
This Agreement will prevail over any conditions of sale imposed by a seller and our Privacy Policy, Outage Policy, Board Usage Policy, Non-Binding Bid Policy, Listing Policy, SafeHarbor Policy, Prohibited, Questionable & Infringing Item Policy, and Non-Paying Bidder Policy, are incorporated in this Agreement by reference. Each of the policies may be amended from time to time by posting the changes on the Announcement Board and except for the Privacy Policy for which we will provide you with thirty days notice, changes to the other policies shall be effective immediately.
Sections, 6 (Fees), 7 (Your Information), 8 (Access and Interference), 12 (Limitation of Liability), 13 (Indemnity), 15 (Governing Law), 16 (Dispute Resolution) and 17 (Third Party Rights)shall survive any termination of this Agreement.
Related Help topics
User Agreement Frequently Asked Questions
User Agreement Revisions
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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Yahoo!. Yahoo! provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at:
docs.yahoo.com/info/terms/. In addition, when using particular Yahoo! services, you and Yahoo! shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. If you are a homesteader on Yahoo!'s GeoCities Service, please note that Yahoo! provides a different Terms of Service for you. If you are a member of SBC Yahoo! Dial or SBC Yahoo! DSL, please note that a different ISP Terms of Service applies to you. If you are an account holder through Yahoo! Plus, please note that a different Yahoo! Plus Terms of Service applies to you. Yahoo! also may offer other services from time to time, such as Yahoo! Store and Yahoo! Site that are governed by different Terms of Services. These TOS do not apply to the Yahoo! GeoCities Service, Yahoo! Store or Yahoo! Site or such other services.
2. DESCRIPTION OF SERVICE
Yahoo! currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Yahoo! to provide the Service. You also understand and agree that the service may include certain communications from Yahoo!, such as service announcements, administrative messages and the Yahoo! Newsletter, and that these communications are considered part of Yahoo! membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Yahoo! properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Yahoo! assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that Yahoo! has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yahoo! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yahoo! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Yahoo! is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Yahoo! Family Account. When you create a Yahoo! Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Yahoo! Family Account. By adding a child to your Yahoo! Family Account, you also give your child permission to access all of the Services including, email, message boards, clubs, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
4. YAHOO! PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at
privacy.yahoo.com/, or if you came from Yahooligans!, then see our Yahooligans! privacy policy at
www.yahooligans.com/docs/privacy/.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Yahoo! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Yahoo! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Yahoo!, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Yahoo! does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Yahoo! be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Yahoo! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Yahoo! does not pre-screen Content, but that Yahoo! and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Yahoo! and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Yahoo! or submitted to Yahoo, including without limitation information in Yahoo! Message Boards, Yahoo! Clubs, and in all other parts of the Service.
You acknowledge and agree that Yahoo! may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Yahoo!, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Yahoo! the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Clubs and Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Yahoo! Club or Yahoo! Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Yahoo! Clubs or Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Yahoo! Clubs or Yahoo! Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Yahoo! network of properties that are intended by Yahoo! to be available to the general public. By way of example, publicly accessible areas of the Service would include Yahoo! Message Boards and portions of Yahoo! Clubs and Yahoo! Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Yahoo! Clubs and Yahoo! Groups that are limited to members, Yahoo! services intended for private communication such as Yahoo! Mail or Yahoo! Messenger, or areas off of the Yahoo! network of properties such as portions of World Wide Web sites that are accessible through Yahoo! Webring but are not hosted or served by Yahoo!.
9. INDEMNITY
You agree to indemnify and hold Yahoo!, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yahoo! may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Yahoo!'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Yahoo! has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Yahoo! reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yahoo! reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Yahoo! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yahoo! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Yahoo! may, under certain circumstances and without prior notice, immediately terminate your Yahoo! account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your Yahoo! account includes (a) removal of access to all offerings within the Service, including but not limited to Yahoo! Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Yahoo!'s sole discretion and that Yahoo! shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Yahoo! shall not be responsible or 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 on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Yahoo! has no control over such sites and resources, you acknowledge and agree that Yahoo! is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Yahoo! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. YAHOO!'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Yahoo! or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Yahoo! grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Yahoo! for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. YAHOO! MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO! OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Yahoo! and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Yahoo!, the Yahoo! logo, Yahoo! in Chinese Characters, Yahooligans!, the Yahooligans! design, the "Jumpin Y Guy" logo, Do you Yahoo!?, Y!, Y! stylized, My Yahoo!, Eyeballs design, Homework Answers, The Scoop, Get Local, the Worlds Favorite Internet Guide, the Sunglasses design, e Café Yahoo!, Viaweb, Shop Find, EZSpree, EZWheels, I Shops, Permission Marketing, Yoyodyne, Get Rich Click, and GeoCities trademarks and service marks, and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. (the "Yahoo! Marks"). Without Yahoo!'s prior permission, you agree not to display or use in any manner, the Yahoo! Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Yahoo! respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yahoo!'s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Yahoo!'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Anthony P. Coll
Copyright Agent
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone: (408) 349-5080
By email:
copyright@yahoo-inc.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Yahoo! and govern your use of the Service, superceding any prior agreements between you and Yahoo!. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Yahoo! shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Yahoo! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
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Copyright © 2003 Yahoo! Inc. All rights reserved. Privacy Policy
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Copyright and Intellectual Property Agent for Notice
Yahoo! respects the intellectual property of others, and we ask our users to do the same. Yahoo! may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yahoo!'s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you are seeking permission to use Yahoo! trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the permission requests department, not the copyright agent.
Yahoo!'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Anthony P. Coll
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone:
(408) 349-5080
By fax:
(408) 349-7821
By email:
copyright@yahoo-inc.com
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Copyright © 2003 Yahoo! Inc. All Rights Reserved.
More about Yahoo! Privacy
We have detailed reference links describing our privacy practices for a wide range of Yahoo! products and services.
Find them here.
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Yahoo! Privacy Policy
Yahoo! takes your privacy seriously. Please read the following to learn more about our privacy policy.
NOTICE: Click here for important information about safe surfing from the Federal Trade Commission.
What This Privacy Policy Covers
This policy covers how Yahoo! treats personal information that Yahoo! collects and receives, including information related to your past use of Yahoo! products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
This policy does not apply to the practices of companies that Yahoo! does not own or control, or to people that Yahoo! does not employ or manage.
Information Collection and Use
General
Yahoo! collects personal information when you register with Yahoo!, when you use Yahoo! products or services, when you visit Yahoo! pages or the pages of certain Yahoo! partners, and when you enter promotions or sweepstakes. Yahoo! may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. For some financial products and services we may also ask for your address, Social Security number, and information about your assets. Once you register with Yahoo! and sign in to our services, you are not anonymous to us.
Yahoo! collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer.
Yahoo! automatically receives and records information on our server logs from your browser, including your IP address, Yahoo! cookie information, and the page you request.
Yahoo! uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Children
When a child under age 13 attempts to register with Yahoo!, we ask that he or she have a parent or guardian create a Yahoo! Family Account to obtain parental permission.
Yahoo! will not contact children under age 13 about special offers or for marketing purposes without a parent's permission.
Yahoo! does not ask a child under age 13 for more personal information, as a condition of participation, than is reasonably necessary to participate in a given activity or promotion.
Information Sharing and Disclosure
Yahoo! does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with Yahoo! under confidentiality agreements. These companies may use your personal information to help Yahoo! communicate with you about offers from Yahoo! and our marketing partners. However, these companies do not have any independent right to share this information.
We have a parent's permission to share the information if the user is a child under age 13. Parents have the option of allowing Yahoo! to collect and use their child's information without consenting to Yahoo! sharing of this information with people and companies who may use this information for their own purposes;
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Yahoo!'s terms of use, or as otherwise required by law.
We transfer information about you if Yahoo! is acquired by or merged with another company. In this event, Yahoo! will notify you before information about you is transferred and becomes subject to a different privacy policy.
Yahoo! displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria - for example, women ages 18-24 from a particular geographic area.
Yahoo! does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
Yahoo! advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
Cookies
Yahoo! may set and access Yahoo! cookies on your computer.
Yahoo! lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Yahoo!'s cookies.
Yahoo! uses web beacons to access Yahoo! cookies inside and outside our network of web sites and in connection with Yahoo! products and services.
Your Ability to Edit and Delete Your Account Information and Preferences
General
You can edit your Yahoo! Account Information, including your marketing preferences, at any time.
New categories of marketing communications may be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.
We reserve the right to send you certain communications relating to the Yahoo! service, such as service announcements, administrative messages and the Yahoo! Newsletter, that are considered part of your Yahoo! account, without offering you the opportunity to opt-out of receiving them.
You can delete your Yahoo! account by visiting our Account Deletion page. Please click here to read about information that might possibly remain in our archived records after your account has been deleted.
Children
Parents can review, edit, and delete information relating to their child's Yahoo! account using tools offered by Yahoo! Family Accounts.
If a parent chooses not to allow us to further collect or use a child's information, parents enrolled in Yahoo! Family Accounts can delete their child's account by signing into that child's account and then visiting our Account Deletion page. Please click here to read about information that might possibly remain in our archived records after your account has been deleted.
Confidentiality and Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
Your Yahoo! Account Information is password-protected.
In certain areas Yahoo! uses industry-standard SSL-encryption to protect data transmissions.
Changes to this Privacy Policy
Yahoo! may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Yahoo! account or by placing a prominent notice on our site.
Questions and Suggestions
Yahoo! is TRUSTe-certified. This certification applies to all English-language sites under the Yahoo.com domain. If you feel that your inquiry has not been satisfactorily addressed, you should contact TRUSTe, an independent privacy organization. TRUSTe serves as a liaison with Yahoo! to resolve your concern.
If you have questions or suggestions, please complete a feedback form or you can contact us at:
Yahoo! Inc.
Customer Care - Privacy Policy Issues
701 First Avenue
Sunnyvale, CA 94089
(408) 349-5070
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Copyright © 2003 Yahoo! Inc. All rights reserved. Terms of Service
Terms & Conditions
Thank you for your interest in BT Openworld Terms & Conditions
If you are accessing the BT Openworld portal using BT Broadband or another non-BT Openworld access method, the following terms and conditions apply:
BT Openworld Direct Terms & Conditions for internet services: Click Here
Otherwise, please choose from the list below according to which BT Openworld access product you are using:
Terms & Conditions for BT Openworld Anytime, Surf Package & Pay-as-you-go customers: Click here
BT Openworld Broadband Home Terms & Conditions: Click here
BT Openworld Business Broadband Terms & Conditions: Click here
BT Openworld Connect Business Terms & Conditions: Click here
Terms and conditions for existing customers who joined before 26 June 2003, until 1 August 2003
Click here for Home 500
Click here for Home 500 Plug & Go
Click here for Home 500 Plug & Go - Line Only
Click here for our Acceptable Use Policy
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Terms and conditions for new customers (and all customers from 1 August 2003).
Click here for Home 500
Click here for Home 500 Plug & Go
Click here for Home 500 Plug & Go - Line Only
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Current terms and Conditions for BT Openworld Broadband Home 500
Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services and applications as described at
www.btopenworld.com/broadband and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or online at
www.btopenworld.com/broadband/order. When you have done this, this contract (as set out in these terms and conditions) starts.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) if applicable, successfully install the equipment needed for you to use the service; and
(c)successfully activate the service. If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
4.2 If we need to install our equipment at your premises we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for our equipment and those items listed at
www.btopenworld.com/broadband/specificat...
4.3 If we need to access or put our equipment on someone else's premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 When equipment is being installed at your premises the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the service. If we are installing the equipment, we will try and make any loss of service as brief as possible.
4.5 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.
4.6 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5. Our equipment
So that the service remains safe and secure, our equipment connected to or used with the service must be used in accordance with all relevant instructions and safety and security procedures.
6. Accessing your premises
We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or
(b) suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8. Things we may have to do
8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for the service that are set out in the price list located at
www.btopenworld.com/broadband/price. This price list is part of this contract.
10.2 When you register for the service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is activated and available for you to use.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time; or
(f) in a way that does not comply with any instructions that we have given you; The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
1 3.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
15. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
16. Suspension of the service
16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
18.3 Any liability we have of any sort (including liability for negligence)is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but if we have already installed our equipment at your premises you must pay our installation charge which is listed at
www.btopenworld.com/broadband/price. Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
20.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us seven days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months.
20.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
22. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
24. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
25. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
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Current terms and Conditions for BT Openworld Broadband Home 500 Plug & Go
Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services and applications as described at
www.btopenworld.com/broadband and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or online at
www.btopenworld.com/broadband/order When you have done this, this contract (as set out in these terms and conditions) starts. If you sign up for the service via any "AX", "customer requirement" or other form which we provide to you, this contract starts when we have countersigned the form.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) if applicable, successfully install the equipment needed for you to use the service; and
(c) successfully activate the service.
If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
(a) If any equipment needs to be installed at your premises, we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for equipment we install for you or you purchase from us and those items listed at
www.btopenworld.com/broadband/specificat...
4.3 If we need to access or put our equipment on someone else's premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 When equipment is being installed at your premises the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the service. If we are installing the equipment, we will try and make any loss of service as brief as possible.
4.5 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.
4.6 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5. Equipment
5.1 So that the service remains safe and secure, any equipment connected to or used with the service must bear the European Consumer Equipment Standards "CE" mark and be used in accordance with all relevant instructions and safety and security procedures.
5.2 Title in any equipment we install or provide to you remains with us unless you have paid us for any such equipment in which case title passes to you on our receipt of such payment.
6. Accessing your premises
We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8.Things we may have to do
8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for any equipment you purchase from us and the service that are set out in the price list located at
www.btopenworld.com/broadband/price. This price list is part of this contract.
10.2 When you register for the service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is activated and available for you to use. Where you are installing equipment we provide you which is necessary to receive the service, we will advise you of the date the service will be activated. In all other cases, the service will be activated once we have installed such equipment.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in any way which in our opinion is, or is likely to be, detrimental to the provision of the service to you or any of our customers;
(f) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time; or
(g) in a way that does not comply with any instructions that we have given you;
The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
13.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
15. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
16. Suspension of the service
16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed. 16.2?If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted. 18.3 Any liability we have of any sort (including liability for negligence) is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment. 18.5?Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but:
(a) if we have already installed our equipment at your premises you must pay our installation charge which is listed at
www.btopenworld.com/broadband/price; and
(b) if you have purchased or been provided equipment necessary to receive the service from us, you must return such equipment to us (at our request) in the prepaid postage package we send you and we will then refund you for any payment received from you for such equipment (if applicable).
Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
20.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us seven days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months. 20.3?If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
22. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
24. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
25. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
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Current terms and conditions for Home 500 Plug & Go - Line Only
Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services, helpdesk services and applications as described at
www.btopenworld.com/broadband and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or online at
www.btopenworld.com/broadband/order. When you have done this, this contract (as set out in these terms and conditions) starts. If you sign up for the service via any 'AX', 'customer requirement' or other form which we provide to you, this contract starts when we have countersigned the form.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) successfully activate the service.
If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
4.2 If any equipment needs to be installed at your premises, we may give you some advice on preparing your premises. As a minimum, you will need to provide those items listed at
www.btopenworld.com/broadband/specificat...
4.3 If we need to access someone else's premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5. Equipment and software
5.1 So that the service remains safe and secure, any equipment connected to or used with the service must bear the European Consumer Equipment Standards "CE" mark and be used in accordance with all relevant instructions and safety and security procedures. We do not support any equipment not provided by us.
6. Accessing your premises
We may need access to your premises from time to time to, amongst other things, conduct repairs. If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or
(b) suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8. Things we may have to do
8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for the service that are set out in the price list located at
www.btopenworld.com/broadband/price. This price list is part of this contract.
10.2 When you register for the service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is activated and available for you to use. We will advise you of the date the service will be activated.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in any way which in our opinion is, or is likely to be, detrimental to the provision of the service to you or any of our customers;
(f) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time; or
(g) in a way that does not comply with any instructions that we have given you;
The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
13.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
15. If you break this contract
15.1 We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
15.2 We can end this contract with immediate effect if we have previously terminated your use of any service due to your breach.
16. Suspension of the service
16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
18.3 Any liability we have of any sort (including liability for negligence) is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but:
once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
20.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us seven days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all the relevant cancellation charges set out at
www.btopenworld.com/broadband/price and you will not be entitled to a refund of any amounts already paid by you.
20.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
22. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
24. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
25. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
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New terms and Conditions for BT Openworld Broadband Home 500 - Valid from 01/08/03
Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services and applications as described at
www.btopenworld.com/broadband and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or online at
www.btopenworld.com/broadband/order. When you have done this, this contract (as set out in these terms and conditions) starts.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) if applicable, successfully install the equipment needed for you to use the service; and
(c)successfully activate the service. If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
4.2 If we need to install our equipment at your premises we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for our equipment and those items listed at
www.btopenworld.com/broadband/specificat... You will also need a BT phone line or a 'calls and access' line from another provider and be paying line rental on it.
4.3 If we need to access or put our equipment on someone else's premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 When equipment is being installed at your premises the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the service. If we are installing the equipment, we will try and make any loss of service as brief as possible.
4.5 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.
4.6 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5. Our equipment
So that the service remains safe and secure, our equipment connected to or used with the service must be used in accordance with all relevant instructions and safety and security procedures.
6. Accessing your premises
We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or
(b) suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8. Things we may have to do
8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for the service that are set out in the price list located at
www.btopenworld.com/broadband/price. This price list is part of this contract.
10.2 When you register for the service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is activated and available for you to use.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time (the Acceptable Use Policies also specify actions we may take to ensure your compliance and by accepting these terms you authorise us to take such actions); or
(f) in a way that does not comply with any instructions that we have given you; The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
1 3.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet (including email). You are responsible for ensuring your computer is adequately protected against viruses.
If things go wrong
15. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
16. Suspension of the service
16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
18.3 Any liability we have of any sort (including liability for negligence)is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but if we have already installed our equipment at your premises you must pay our installation charge which is listed at
www.btopenworld.com/broadband/price. Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
20.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us seven days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months.
20.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least a month’s notice of any changes before they take effect. As explained in paragraph 20, you can end this contract by giving us seven days' notice if we increase our charges or change the conditions of this contract to your detriment.
22. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the servic
Terms and conditions for existing customers who joined before 26 June 2003, until 1 August 2003
Click here for Home 500
Click here for Home 500 Plug & Go
Click here for Home 500 Plug & Go - Line Only
Click here for our Acceptable Use Policy
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Terms and conditions for new customers (and all customers from 1 August 2003).
Click here for Home 500
Click here for Home 500 Plug & Go
Click here for Home 500 Plug & Go - Line Only
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Current terms and Conditions for BT Openworld Broadband Home 500
Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services and applications as described at
www.btopenworld.com/broadband and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or online at
www.btopenworld.com/broadband/order. When you have done this, this contract (as set out in these terms and conditions) starts.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) if applicable, successfully install the equipment needed for you to use the service; and
(c)successfully activate the service. If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
4.2 If we need to install our equipment at your premises we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for our equipment and those items listed at
www.btopenworld.com/broadband/specificat...
4.3 If we need to access or put our equipment on someone else's premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 When equipment is being installed at your premises the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the service. If we are installing the equipment, we will try and make any loss of service as brief as possible.
4.5 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.
4.6 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5. Our equipment
So that the service remains safe and secure, our equipment connected to or used with the service must be used in accordance with all relevant instructions and safety and security procedures.
6. Accessing your premises
We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or
(b) suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8. Things we may have to do
8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for the service that are set out in the price list located at
www.btopenworld.com/broadband/price. This price list is part of this contract.
10.2 When you register for the service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is activated and available for you to use.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time; or
(f) in a way that does not comply with any instructions that we have given you; The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
1 3.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
15. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
16. Suspension of the service
16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
18.3 Any liability we have of any sort (including liability for negligence)is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but if we have already installed our equipment at your premises you must pay our installation charge which is listed at
www.btopenworld.com/broadband/price. Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
20.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us seven days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months.
20.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
22. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
24. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
25. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
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Current terms and Conditions for BT Openworld Broadband Home 500 Plug & Go
Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services and applications as described at
www.btopenworld.com/broadband and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or online at
www.btopenworld.com/broadband/order When you have done this, this contract (as set out in these terms and conditions) starts. If you sign up for the service via any "AX", "customer requirement" or other form which we provide to you, this contract starts when we have countersigned the form.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) if applicable, successfully install the equipment needed for you to use the service; and
(c) successfully activate the service.
If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
(a) If any equipment needs to be installed at your premises, we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for equipment we install for you or you purchase from us and those items listed at
www.btopenworld.com/broadband/specificat...
4.3 If we need to access or put our equipment on someone else's premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 When equipment is being installed at your premises the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the service. If we are installing the equipment, we will try and make any loss of service as brief as possible.
4.5 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.
4.6 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5. Equipment
5.1 So that the service remains safe and secure, any equipment connected to or used with the service must bear the European Consumer Equipment Standards "CE" mark and be used in accordance with all relevant instructions and safety and security procedures.
5.2 Title in any equipment we install or provide to you remains with us unless you have paid us for any such equipment in which case title passes to you on our receipt of such payment.
6. Accessing your premises
We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8.Things we may have to do
8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for any equipment you purchase from us and the service that are set out in the price list located at
www.btopenworld.com/broadband/price. This price list is part of this contract.
10.2 When you register for the service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is activated and available for you to use. Where you are installing equipment we provide you which is necessary to receive the service, we will advise you of the date the service will be activated. In all other cases, the service will be activated once we have installed such equipment.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in any way which in our opinion is, or is likely to be, detrimental to the provision of the service to you or any of our customers;
(f) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time; or
(g) in a way that does not comply with any instructions that we have given you;
The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
13.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
15. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
16. Suspension of the service
16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed. 16.2?If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted. 18.3 Any liability we have of any sort (including liability for negligence) is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment. 18.5?Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but:
(a) if we have already installed our equipment at your premises you must pay our installation charge which is listed at
www.btopenworld.com/broadband/price; and
(b) if you have purchased or been provided equipment necessary to receive the service from us, you must return such equipment to us (at our request) in the prepaid postage package we send you and we will then refund you for any payment received from you for such equipment (if applicable).
Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
20.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us seven days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months. 20.3?If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
22. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
24. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
25. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
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Current terms and conditions for Home 500 Plug & Go - Line Only
Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services, helpdesk services and applications as described at
www.btopenworld.com/broadband and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or online at
www.btopenworld.com/broadband/order. When you have done this, this contract (as set out in these terms and conditions) starts. If you sign up for the service via any 'AX', 'customer requirement' or other form which we provide to you, this contract starts when we have countersigned the form.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) successfully activate the service.
If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
4.2 If any equipment needs to be installed at your premises, we may give you some advice on preparing your premises. As a minimum, you will need to provide those items listed at
www.btopenworld.com/broadband/specificat...
4.3 If we need to access someone else's premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5. Equipment and software
5.1 So that the service remains safe and secure, any equipment connected to or used with the service must bear the European Consumer Equipment Standards "CE" mark and be used in accordance with all relevant instructions and safety and security procedures. We do not support any equipment not provided by us.
6. Accessing your premises
We may need access to your premises from time to time to, amongst other things, conduct repairs. If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or
(b) suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8. Things we may have to do
8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for the service that are set out in the price list located at
www.btopenworld.com/broadband/price. This price list is part of this contract.
10.2 When you register for the service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is activated and available for you to use. We will advise you of the date the service will be activated.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in any way which in our opinion is, or is likely to be, detrimental to the provision of the service to you or any of our customers;
(f) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time; or
(g) in a way that does not comply with any instructions that we have given you;
The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
13.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
15. If you break this contract
15.1 We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
15.2 We can end this contract with immediate effect if we have previously terminated your use of any service due to your breach.
16. Suspension of the service
16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
18.3 Any liability we have of any sort (including liability for negligence) is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but:
once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
20.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us seven days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all the relevant cancellation charges set out at
www.btopenworld.com/broadband/price and you will not be entitled to a refund of any amounts already paid by you.
20.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
22. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
24. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
25. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
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New terms and Conditions for BT Openworld Broadband Home 500 - Valid from 01/08/03
Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services and applications as described at
www.btopenworld.com/broadband and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or online at
www.btopenworld.com/broadband/order. When you have done this, this contract (as set out in these terms and conditions) starts.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) if applicable, successfully install the equipment needed for you to use the service; and
(c)successfully activate the service. If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
4.2 If we need to install our equipment at your premises we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for our equipment and those items listed at
www.btopenworld.com/broadband/specificat... You will also need a BT phone line or a 'calls and access' line from another provider and be paying line rental on it.
4.3 If we need to access or put our equipment on someone else's premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 When equipment is being installed at your premises the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the service. If we are installing the equipment, we will try and make any loss of service as brief as possible.
4.5 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.
4.6 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5. Our equipment
So that the service remains safe and secure, our equipment connected to or used with the service must be used in accordance with all relevant instructions and safety and security procedures.
6. Accessing your premises
We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or
(b) suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8. Things we may have to do
8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for the service that are set out in the price list located at
www.btopenworld.com/broadband/price. This price list is part of this contract.
10.2 When you register for the service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is activated and available for you to use.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time (the Acceptable Use Policies also specify actions we may take to ensure your compliance and by accepting these terms you authorise us to take such actions); or
(f) in a way that does not comply with any instructions that we have given you; The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
1 3.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet (including email). You are responsible for ensuring your computer is adequately protected against viruses.
If things go wrong
15. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
16. Suspension of the service
16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
18.3 Any liability we have of any sort (including liability for negligence)is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but if we have already installed our equipment at your premises you must pay our installation charge which is listed at
www.btopenworld.com/broadband/price. Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
20.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us seven days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months.
20.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least a month’s notice of any changes before they take effect. As explained in paragraph 20, you can end this contract by giving us seven days' notice if we increase our charges or change the conditions of this contract to your detriment.
22. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the servic
BTopenworld Direct terms and conditions for internet services
Our contract with you
1. The service
The service gives you a range of internet content, services (including helpdesk services and a pay-as-you-go narrowband internet access facility) and applications as described at
www.btopenworld.com/bbdirect. The service is intended for consumer home use.
2. When does our contract with you start
You can sign up for the service online here. When you have done this, this contract (as set out in these terms and conditions) starts.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider
Providing the service to you
4. Getting started
4.1 You will need to provide suitable computer hardware, software and telecommunications equipment and services necessary to access and use the service. This contract does not include the provision of telecommunications services necessary to connect to the service or obtain access to the internet.
4.2 By signing up for the service, you are agreeing to immediate provision of the service and you cannot cancel the service under the Consumer Protection (Distance Selling) Regulations 2000.
5. Your instructions
We may accept instructions regarding the service from someone we are satisfied has your authority.
6. Making sure the service is secure
6.1 We will issue you with a set of usernames and passwords.These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
6.2 If we think there is likely to be a breach of security or misuse of the service we may: (a) change your password and then we will notify you that we have done this; and/or (b) suspend username and password access to the service (please also see paragraph 15).
6.3 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
6.4 If you are using pay as you go, you need to make your Caller Line Identification (CLI) available when using the service to connect to the internet. This is so that we can improve the safety and security of the service. If you have disabled CLI we may temporarily enable it to allow this connection.
6.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
7. Things we may have to do
7.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension.
7.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
7.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
8. Repairing faults in the service
8.1 Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
8.2 If there is a fault with the service or you forget a password you should contact the BTopenworld team. You can find out how to contact the BTopenworld team at
www.btopenworld.com/bbdirect/help.
8.3 Sometimes we may monitor or record calls to or from the BTopenworld team for training or to improve the quality of our customer service.
What we need you to do
9. Paying our charges
9.1 You must pay any applicable charges for the service.
10. Use of the service
10.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time; or
(f) in a way that does not comply with any instructions that we have given you.
The action we can take if the service is used in any of these ways is explained in paragraphs 14 and 15.
10.2 If we think that your use of the service may:
(i) impair the security of the system and/or the network used to provide the service; or
(ii) cause detrimental performance of the service to you or any other customer; we may suspend your access to the service. Suspension is further explained in paragraphs 14 and 15. If possible, we will give you prior notice if we do suspend your service.
10.3 Where we provide you with email facilities, web hosting or other services that involve us providing storage space on our systems, we may impose limits (which we may vary from time to time) on the storage space we provide to you in order to ensure the quality of the service to you and other users. These limits may relate to the physical amount of web-space or the number of mailboxes made available to you, email messages that can be stored and/or the size of any attachments you can send. We may reject or delete material that exceeds the relevant limit. Information on these limits can be viewed in the FAQ ('frequently asked questions') section relating to the service and available at
www.btopenworld.com/home/service_desc.
10.4 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us and you must not attempt to circumvent any security measures in the service.
10.5 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
10.6 You must use the correct dialler as explained to you during registration. You are responsible for any additional call charges incurred as a result of using an incorrect dialler.
Other uses of the service
11. When we provide you with content
11.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
11.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
11.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
11.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
12. Your web site
12.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
12.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
13. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
14. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 10.1or 10.2, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
(e) with immediate effect if we have terminated your use of any service previously provided to you due to your breach.
If we have suspended or terminated this contract under paragraphs (a), (b), (d) or (e) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
15. Suspension of the service
15.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
15.2 If we decide to suspend the service under paragraph 14, this contract will continue during the period of suspension and you will have to pay all relevant charges.
15.3 If you do not use your email account for a period of ninety days or more, we may suspend your email account without notice. In such circumstances we will: (a) delete all emails in your email account; (b) reject all emails sent to your email account and notify the sender that your email account is inactive; and (c) cancel all email functionality provided to you as part of the service.
We will restore your email account if you use it at any time after suspension. We may terminate your email account without notice if you do not access it for 12 months.
16. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice. Please see paragraph 18 for your right to end this contract.
17. Our liability to you
17.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability by paragraphs 17.2 or 17.3 or in any other way.
17.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
17.3 Any liability we have of any sort (including liability for negligence) is limited to £250,000 for any event or related series of events and £500,000 for all events in any 12 month period.
17.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
17.5 Each provision of this paragraph 17 operates separately in itself and survives independently of the others.
18. Ending this contract
This contract can be ended by: (a) us giving one month's notice to you; or (b) you giving one day's notice to us.
Other things we need to tell you
19. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
20. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
21. How to give notice
21.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address: (a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you. (b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
21.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
22. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
23. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
24. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
BTopenworld Direct terms and conditions for internet services
Our contract with you
1. The service
The service gives you a range of internet content, services (including helpdesk services and a pay-as-you-go narrowband internet access facility) and applications as described at
www.btopenworld.com/bbdirect. The service is intended for consumer home use.
2. When does our contract with you start
You can sign up for the service online here. When you have done this, this contract (as set out in these terms and conditions) starts.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider
Providing the service to you
4. Getting started
4.1 You will need to provide suitable computer hardware, software and telecommunications equipment and services necessary to access and use the service. This contract does not include the provision of telecommunications services necessary to connect to the service or obtain access to the internet.
4.2 By signing up for the service, you are agreeing to immediate provision of the service and you cannot cancel the service under the Consumer Protection (Distance Selling) Regulations 2000.
5. Your instructions
We may accept instructions regarding the service from someone we are satisfied has your authority.
6. Making sure the service is secure
6.1 We will issue you with a set of usernames and passwords.These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
6.2 If we think there is likely to be a breach of security or misuse of the service we may: (a) change your password and then we will notify you that we have done this; and/or (b) suspend username and password access to the service (please also see paragraph 15).
6.3 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
6.4 If you are using pay as you go, you need to make your Caller Line Identification (CLI) available when using the service to connect to the internet. This is so that we can improve the safety and security of the service. If you have disabled CLI we may temporarily enable it to allow this connection.
6.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
7. Things we may have to do
7.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension.
7.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
7.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
8. Repairing faults in the service
8.1 Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
8.2 If there is a fault with the service or you forget a password you should contact the BTopenworld team. You can find out how to contact the BTopenworld team at
www.btopenworld.com/bbdirect/help.
8.3 Sometimes we may monitor or record calls to or from the BTopenworld team for training or to improve the quality of our customer service.
What we need you to do
9. Paying our charges
9.1 You must pay any applicable charges for the service.
10. Use of the service
10.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at
www.abuse-guidance.com as may be amended from time to time; or
(f) in a way that does not comply with any instructions that we have given you.
The action we can take if the service is used in any of these ways is explained in paragraphs 14 and 15.
10.2 If we think that your use of the service may:
(i) impair the security of the system and/or the network used to provide the service; or
(ii) cause detrimental performance of the service to you or any other customer; we may suspend your access to the service. Suspension is further explained in paragraphs 14 and 15. If possible, we will give you prior notice if we do suspend your service.
10.3 Where we provide you with email facilities, web hosting or other services that involve us providing storage space on our systems, we may impose limits (which we may vary from time to time) on the storage space we provide to you in order to ensure the quality of the service to you and other users. These limits may relate to the physical amount of web-space or the number of mailboxes made available to you, email messages that can be stored and/or the size of any attachments you can send. We may reject or delete material that exceeds the relevant limit. Information on these limits can be viewed in the FAQ ('frequently asked questions') section relating to the service and available at
www.btopenworld.com/home/service_desc.
10.4 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us and you must not attempt to circumvent any security measures in the service.
10.5 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
10.6 You must use the correct dialler as explained to you during registration. You are responsible for any additional call charges incurred as a result of using an incorrect dialler.
Other uses of the service
11. When we provide you with content
11.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
11.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
11.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
11.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
12. Your web site
12.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
12.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
13. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
14. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 10.1or 10.2, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
(e) with immediate effect if we have terminated your use of any service previously provided to you due to your breach.
If we have suspended or terminated this contract under paragraphs (a), (b), (d) or (e) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
15. Suspension of the service
15.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
15.2 If we decide to suspend the service under paragraph 14, this contract will continue during the period of suspension and you will have to pay all relevant charges.
15.3 If you do not use your email account for a period of ninety days or more, we may suspend your email account without notice. In such circumstances we will: (a) delete all emails in your email account; (b) reject all emails sent to your email account and notify the sender that your email account is inactive; and (c) cancel all email functionality provided to you as part of the service.
We will restore your email account if you use it at any time after suspension. We may terminate your email account without notice if you do not access it for 12 months.
16. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice. Please see paragraph 18 for your right to end this contract.
17. Our liability to you
17.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability by paragraphs 17.2 or 17.3 or in any other way.
17.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
17.3 Any liability we have of any sort (including liability for negligence) is limited to £250,000 for any event or related series of events and £500,000 for all events in any 12 month period.
17.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
17.5 Each provision of this paragraph 17 operates separately in itself and survives independently of the others.
18. Ending this contract
This contract can be ended by: (a) us giving one month's notice to you; or (b) you giving one day's notice to us.
Other things we need to tell you
19. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
20. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
21. How to give notice
21.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address: (a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you. (b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
21.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
22. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
23. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
24. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
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Web weirdnessterms and conditionsyou are here: lycos home > home
General terms and conditions of business for Lycos Europe services*
(in the version dated September 21st, 2001)
The Lycos Europe services are operated by Lycos Europe GmbH ('Lycos Europe'), of Guetersloh, in Germany. Lycos Europe provides various information and services about the Lycos Europe network to all registered members. This can involve arranging internet access or services offered on internet pages ('Lycos Europe services'), at the same time.
II. Scope
Subscription to the Lycos Europe services is based on the following conditions. By registering with Lycos Europe and using the offered services, the user declares himself to be in agreement with the applicable law and these terms and conditions of business for using Lycos Europe services.
Individual services in the Lycos Europe network will be provided in co-operation with partners. If need be, further conditions of use for these services apply supplementary to these terms and conditions of business, which can be called up by the user via a link. This link is basically located at the end of the web page on which the service is offered.
III. Registration conditions
Certain Lycos Europe services can only be used after registering as a member. A member can be anyone who has fully and truthfully completed the registration form ('registration data'). As a result, the user receives a member name and a password ('user data'). The member is obligated to update the registration data. The member must keep the user data secret. The registration is free.
Every member can only have one membership and claim the advantages associated with it. The membership and services associated with Lycos Europe services, must only be used for the person's exclusive consumption and they are not transferable.
IV. Responsibility for minors
Minors can register to receive free Lycos Europe services for which registration is compulsory, insofar as they are aware of the consequences for consenting to the processing and use of their data. They must also understand the significance of such a consent. The subsequent use of one service by minors (XIII.3 and XIII.6) is not expressly excluded.
In the event that parents or guardians consent to minors using the Lycos Europe services for which registration is compulsory, they accept their responsibility for the conduct of minors online, the access controls, as well as for the consequences arising from misuse of Lycos Europe services by minors. The parents or guardians are also aware of the fact that some offers made by Lycos Europe's network comprise contents which are unsuitable for minors.
The registration for payable Lycos Europe services is reserved for users over the age of majority.*
V. Fees and payment conditions
The Lycos Europe services for which registration is compulsory are free, insofar as nothing else is determined.
Insofar as services for which registration is compulsory, are offered by partners within the scope of the Lycos Europe network, these services require a separate registration and a contractual agreement being reached with the partner directly (e.g., with 'Canbox Kommunikationsdienste GmbH' for the premium e-mail service, which is chargeable).
Insofar as goods or services are offered via Lycos Europe services or via internet access arranged by 'Comundo', any possible contractual agreements must be reached between the customers and the supplier of such business.
* = adults
VI. Data protection
Lycos Europe respects the user's privacy and meets all applicable conditions for data protection most stringently. Personal data which Lycos Europe collects or processes within the scope of registration as well as for carrying out Lycos Europe services, will be only used by Lycos Europe within the scope of legal regulations. Insofar as the laws intend the member's consent for a certain type of data use, the member can refuse his consent by deactivating the appropriate switch panel during the registration process. The member can withdraw a previously given consent at any time, by e-mail to
datenschutz@lycos-europe.com.
VII. Material protected by copyright
All material within the Lycos Europe network, including all texts, software, the source codes for HTML, Java and Flash, photos, videos, graphics, music and sounds, is protected by copyright and indeed both for individual usage as well as collection. The downloading and use of material protected by copyright - which has been provided by Lycos Europe or a third party - is permitted for the member's exclusively private consumption; insofar as this activity occurs within the scope of applicable legal stipulations and these business conditions. However, members cannot use this material beyond this scope to duplicate, replicate, transmit, market, publish, or commercially exploit it by other means in an electronic or other form within another data format, or in other ways.
VIII. Links
Lycos Europe or third parties can create links to other web pages ('sites') or sources. Lycos Europe has no means of control whatsoever at its disposal for such sites and sources and it is not responsible or liable for the availability of such external sites or sources. It does not admit contents which are accessible on such sites or from such sources and it excludes any liability or warranty regarding them, insofar as no positive knowledge of the content's illegality exists. The links and search results in particular, are mainly generated by automatic processes and they cannot by checked by Lycos Europe's employees in any way, on account of their large number. In the event that a link to an external page is found on Lycos Europe pages - which is disseminating illegal contents from third party pages - then Lycos Europe will remove the link to such a page, with appropriate advice.
IX. Warranty exclusion and liability limitations
The use of Lycos Europe services is made at the user's own risk. Lycos Europe does not undertake any liability for providing Lycos Europe services at any time without interruption, or for any particular time, or securely and faultlessly. Information and advice which the user receives within the scope of Lycos Europe services - whether it be on web sites, by e-mail or fax, in writing or orally - does not justify any warranty whatsoever from Lycos Europe; insofar as this warranty has not been expressly agreed. Lycos Europe is only liable for damages which have arisen to users from a wilful or grossly negligent act of Lycos Europe's representative, employee or Lycos Europe's subcontractors and which are still typical damages to the extent that they are foreseeable. The liability for official measures, labour disputes, force majeure, natural catastrophes and accidental damages is excluded if they arise through no fault of Lycos Europe. The user is aware that Lycos Europe services cannot be provided in the offered form, without the above-mentioned warranty exclusion and liability limitations.
X. Modifications to services
For free services, Lycos Europe can determine at its discretion which services are to be provided and to what extent. Limitations, extensions and other modifications of these services by Lycos Europe are permissible at any time and they are likewise subject to the following conditions for subscribers.
Insofar as free services are offered, Lycos Europe reserves the right to adjust them at any time to the latest technological developments and respective legal situation.
XI. Modifications to terms and conditions of business
Lycos Europe reserves the right to modify these general terms and conditions of business. Lycos Europe will inform the member about a modification by e-mail and request his agreement. If the member continues using the services one month after receipt of the agreement request, then the agreement is considered to be given.
The member consents to the use of his e-mail address by Lycos Europe, for the purpose of giving information about modifications to services and terms and conditions of business. This consent is the necessary precondition for using Lycos Europe services and it applies irrespective of refusing a consent according to clause VI (data protection).
XII. Giving notice for terminating membership
Lycos Europe is entitled to give notice for terminating the contractual agreement with the member at any time, without a time-limit and without information about the reasons for giving the notice of termination. Likewise, it can refuse access to a part of its service or to the whole service. Lycos Europe will make use of this entitlement in particular, if the member does not keep to the applicable law and these terms and conditions of business, or if the member has not used the services within the previous 6 months.
The member can give Lycos Europe notice for terminating the membership at any time by using the web form
uk.lycos.co.uk/application/interactivefa... without giving information about reasons. When the notice of termination becomes effective, Lycos Europe has the right to delete any data which the member has input or sent through the Lycos Europe network.
XIII. Guidelines for individual services
Lycos Europe offers various services on the internet. These services are different according to their purpose and nature. The following conditions apply supplementary for using the individual services.
The member undertakes to protect access to the service from unauthorised use by third parties. In this respect, Lycos Europe refers to the fact that user data (member's name and password) must not be passed on to others. The member is liable for every unauthorised use of his user data caused by his conduct, insofar that a fault occurs. Insofar as the member is aware that his user data could have become accessible to third parties, he is obligated to modify his password. In the event that it is impossible for him to do so, he must immediately inform Lycos Europe by e-mail to changepassword@lycos-europe.
1. Free e-mail service and the WAP mail service
Checking of the contents by Lycos Europe of messages - which are received and sent, as well as stored on the server - within the scope of the e-mail service, is legally forbidden and technically impossible. No checking can therefore be done in particular, as to whether they contain software that causes damage (e.g., viruses), or information which is illegal or immoral.
The following duties are placed on the member in particular, regarding the e-mail services:
a) not using the e-mail address either to call up or disseminate information that is illegal or immoral;
b) observing the regulations for legal protection of children and young persons;
c) respecting the privacy of others and therefore not sending annoying, libellous or threatening contents by e-mail in any circumstances;
d) not carrying out any applications which can lead to an alteration of the physical or logical structure of the networks being used.
Using the e-mail post box for dispatching e-mails en masse ('spamming'), mail bombing and every other form of advertising or marketing messages, is not permitted and it would obligate the member to reimburse the damage thus caused.
The preceding rules about the e-mail service also fully apply to e-mail services based on WAP.
2. Provision of storage space for private home pages and WAP pages
The member will be provided with storage space for setting up a private homepage on the world-wide web.
Insofar as Lycos Europe provides the requisite storage space for members' internet pages, Lycos Europe is not responsible for the contents published there, as long as Lycos has no knowledge of them. These contents are outside contents with respect to Lycos Europe. Lycos Europe does not in any way monitor contents prior to their publication on a member page. Nevertheless, Lycos Europe reserves the right to remove any page supplied by Lycos Europe, at its discretion. Lycos Europe does not undertake any warranty that members' internet pages will always be reachable. Lycos Europe is not liable for damage which arises from interrupted access to member pages, or due to the loss of data which has been input by the member. The member is himself responsible for monitoring and securing his pages. Every member is responsible for his pages being in accordance with all applicable laws.
In particular, the following contents are not allowed:
a)any use of works protected by copyright, without the express permission of the copyright holder or the exploitation right's proprietor: in particular, no musical works or third party's software must be offered for downloading or copied in other ways, without consent (or agreement) for it having been expressly given;
b) the dissemination of any type of commercial advertising;
c) dissemination of contents which it is legally forbidden to disseminate;
d) dissemination of pornographic publications and representations;
e) making requests and committing criminal offences, or contributing to them;
f) material which libels, insults or threatens others.
The member is not allowed to provide storage space to third parties for storing data, or to use the storage space for purposes other than setting up home pages within the scope of Lycos Europe services.
By setting up* a web page and associated contents in the Lycos Europe network, the member grants Lycos Europe unlimited textual rights for the associated contents to be used world-wide, free of charge and non-exclusively i.e., copied, transmitted and publicly presented, integrated in compilations and distributed. This right is limited to the purpose of publishing and applying for the member's web page within - and associated with - the service selected by the member, or within the Lycos Europe network. This licence ends when all of the advertising promotions that are still continuing in the effective notice period, are finished. The member grants Lycos Europe the right to operate advertising on web pages set up in the Lycos Europe network.
* = imputing
Private WAP pages must be endorsed with an imprint that is visible to every caller, which contains the member's complete address. WAP pages are defined as contents filed in WML format, that are intended for calling up on the world-wide web via mobile telephones, palm tops, organisers or emulators. Otherwise, the above rules correspondingly apply to WAP pages via private home pages.
3. Inquiries, chat rooms, conferences and contact advertisements
The prerequisites for functioning communication between members and an optimum use of Lycos Europe services by individuals, are that the members treat each other respectfully and keep to certain rules of conduct. These duties include, that the members do not say or write anything injurious, libellous, insulting, threatening, obscene, racist or otherwise illegal in chat rooms, conferences or contact advertisement ('members' pages'); either by e-mails or by contributions to Lycos Europe inquiries. The members are obligated to take account of the cultural and religious interests and opinions of other subscribers.
The Lycos Europe members' pages shall provide private persons with a forum for expressing and forming their opinions and for becoming mutually acquainted. Therefore, commercials or any other form of commercial advertising by members - especially for other web pages on Lycos Europe members pages too - are not allowed.
Lycos Europe reserves the right to delete contributions or parts of them which do not correspond to the above-mentioned rules and to completely block access to the Lycos Europe member's page.
Lycos Europe makes reference to the fact that identities, statements and information from persons which circulate on the internet can be false and Lycos Europe does not warrant the conduct of third parties in any way whatsoever, irrespective of where it takes place. In particular, Lycos is not liable for third parties handling data and information which a member has made accessible to other members or third parties, within the scope of a Lycos Europe service.
The 'contact advertisements' Lycos Europe service must only be used by members over the age of majority. Every member is obligated to confidentially handle e-mails and other messages, names, telephone and fax numbers, residential, business and e-mail addresses and URLs which are exchanged within the scope of contact advertisements. Such information must only be made accessible to third parties with the express consent of the copyright holder or proprietor. The user of contact advertisements consents to allowing Lycos Europe to process and pass on data, insofar as the implementation of this service is required in the specified manner.
4. Financial information
Among other things, Lycos Europe provides services in co-operation with partners who convey information for investments.
Stock exchange prices for securities and fund prices are provided for private use. All stock exchange pricing information is represented differently, depending on the selected stock exchange and type of security; with a usual delay of 15 minutes.
Despite meticulous procurement and provision, Lycos Europe and its partners do not undertake any warranty for the correctness, completeness or accuracy of information about stock exchanges and commerce, that is for calling up by being laid out ready, displayed or dispatched; nor of stock exchange prices, indices, prices, reports, general market data and other accessible contents ('financial information'). The financial information as well as the results generated and displayed by the presentational tools offered, exclusively serve to inform the member and they do not represent any investment advice or other legally binding recommendation.
Advice on copyright and brand designations must not be either altered or removed. All negotiations made about these matters require an advance written approval from Lycos Europe. The setting-up of hyper links from other web pages to one of the web pages belonging to this online offer, is expressly prohibited without the advance, written approval of Lycos Europe. In particular, it is inadmissible to link or represent web pages belonging to this online offer or their contents, by using a hyperlink in a partial window (frame).
Insofar as financial information is dispatched at the member's request as a short message (SMS) to a mobile telephone, the member can arrange for it to be dispatched exclusively to his own mobile telephone number. Otherwise, the following rules apply to sending short messages (SMS), insofar as they are - by nature - usable after the financial information has been sent through Lycos Europe.
The sending of financial information as short messages will be stopped after four weeks, if the member has not used them in the area of 'financial information' within this period.
5. Short messages (SMS)
Lycos Europe enables members to send short messages (SMS) to subscribers of various mobile telephone networks.
It is prohibited to dispatch illegal contents as well as messages with sexual, racist or discriminatory references and advertisements. The member is responsible for his messages according to the general laws. Lycos does not undertake any liability for the contents of transmitted messages. In the event of an infringement against a legal standard, the member shall hold Lycos free from any claims by third parties. The member is obligated not to dispatch short messages with which the addressee is not agreeable to receiving, or which would immorally annoy the addressee. This Lycos Europe service must only be used according to the above-mentioned instructions and not with the help of outside scripts or software.
In the event of a misuse, Lycos reserves the right to exclude individual networks from using the services, or to block individual recipients' numbers. There is no claim whatsoever to the use and availability of this service. Messages will usually be dispatched immediately, but Lycos Europe is not liable for any possible delays with the dispatch. The access to short messages by the recipient is not guaranteed. The dispatch of a message is made at the sender's own risk. The length of a message is limited to 130 characters. A supplement about the message's origin and financing (e.g., powered by
www.lycos.co.uk) as well as an advertising message, can be transmitted to the recipient for every message.
6. 'Sonique' media player
The 'Sonique' media player as well as the software for manufacturing plug-ins and skins, are offered to the member as a free download, at the conditions which have been advertised in the installation procedure respectively. A use which extends beyond the licensing agreement or which is contrary to these terms and conditions of business, is prohibited.
It is especially not permitted for the member to duplicate the software or allow access to it by third parties; nor to loan the software or the rights to it; nor to rent or transmit it to third parties in another form; nor to translate it, operate a reverse engine, decompile or dismantle it, or produce other derivatives based on this software.
Lycos Europe is not liable for faults in the 'Sonique' software, nor for any damages arising from it of whatever kind (even not for faulty data transmission, faults in the network infrastructure, system stability, etc.).
Lycos Europe is only liable for damages which arise for the members from a wilful or grossly negligent negotiation by a representative, member or subcontractor of Lycos Europe and which are still typical damages lying within the scope of what is foreseeable. The limitation of liability also applies in favour of the members and subcontractors of Lycos Europe.
Insofar as a member decides to provide skins or plug-ins developed by him in the Lycos Europe network, he grants Lycos Europe the unlimited right world-wide, to copy, distribute, publicly present or perform the skins or plug-ins and to reprocess them. The member guarantees that all parts have been exclusively produced by him for the provided plug-ins or skins and that no rights of copyright or third parties have been violated as a result. The offer of skins is only allowed to members above the age of majority.
Lycos Europe provides music data on the 'Sonique' web page for downloading, through agreements with third parties. This data is subject to copyright and it must only be used for private consumption. A more far-reaching use is prohibited, particularly for public performance, distribution, copying or reprocessing.
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Posted by
Gary, 12:14, 19th July 2003:
And your point is/was?
Nobody reads the T&Cs of anything, excluding loans, credit cards and mortgages to make sure Mr. Bank is offering you a fair deal.
I'm willing to wager that most people don't even read those, Gary!
Probably, unless they need to. I dont all of the terms and conditions on finance stuff, only what i'll get charged if I go through with getting a loan or credit card. I hate contracts, so much to go through with all rubbish about nothing. I only had one loan, one I'm still paying off, and one credit card. Those are the only things I have signed on the dotted line for, apart from car/home insurance. Good-for-nothing terms and conditions.
Posted by
Gary, 14:14, 22nd July 2003:
I'm willing to wager that most people don't even read those, Gary!
I bet most people don't either. But what I was getting as was why the hell that idiot had posted them here in the first place! :)
I was thinking the same thing.
If I was running a popular website I'd add the following terms and conditions on membership.
1. No idiots.
2. You're an idiot.
Posted by
beargod, 22:05, 28th July 2003:
I am an idiot now? That may be, buthow could you be so horrible as to say it :'(
No. But you see, you wouldn't be a member if you were an idiot. It'd be against the contract.
Posted by
beargod, 22:13, 28th July 2003:
oh, I interpreted it as all members are idiots and all non members arte idiots and gwBush is an idiot :)
Posted by
mjt7420, 00:09, 29th July 2003:
hahahahahaha that's funny