ADSL Timewarp Terms and Conditions

1. Definitions
In these terms and conditions the following words and phrases shall have the following meanings:

1.1 "the Acquired Material" shall mean services, software, information and other content accessed through the Service and provided by parties other than Timewarp.

1.2 "the Agreement" shall mean the agreement between Timewarp and the customer for the provision of the Service, the full terms of which are contained in the Application Form and these terms and conditions

1.3 "the Application Form" shall mean the application form included herewith

1.4 "Business Customer" shall mean a Customer which is approved by Timewarp as being a business customer

1.5 "the Charges" shall, in respect of both business Customers and non-business Customers, be at the rate which is published by Timewarp from time to time and is subject to VAT at the current rate

1.6 "the Customer" shall mean the person, company, partnership or other legal entity whose name and address is set out in the Application Form

1.7 "Minimum Subscription Period" Shall mean a period of 1 month with 28 days notice of termination.

1.8 "Permitted Users" shall mean:

1.8.1 in respect of a non-business Customer, all family members of the Customer who live in the same permanent residence as the Customer

1.8.2 in respect of a business Customer, the employees, servants and authorised agents and contractors of the Customer

1.9 "the Service" shall mean the Timewarp ADSL Service

1.10 "Timewarp" shall mean Timewarp, Unit2, Boarshurst Business Park, Boarshurst Lane, Greenfield, Oldham, Lancashire, OL3 7ER and shall include its successors in title.

2. The Service
2.1 Timewarp reserves the right at its sole discretion from time to time to modify the Service

3. Charges
3.1 The set-up charge and the first month are payable with placing the order. The monthly charges are payable by Credit/Debit Card monthly in advance.

3.2 All sums which remain outstanding under the terms of the Agreement will accrue compound interest at the rate of one and one half percent per month.

3.3 Timewarp reserves the right to alter the published rates of the Charges at any time upon giving the Customer 28 days notice in writing or electronically of any increase.

3.4 Any provision or condition written or otherwise howsoever endorsed on the Customer's completed Application Form or enclosed on any document (of whatever nature) enclosed with the Customer's completed Application Form which is in any way inconsistent with, or adds to, the provisions of the Agreement, shall be null and void notwithstanding any acknowledgement of a Customer's completed Application Form by Timewarp.

3.5 A £75 + VAT Cancellation charge will apply for orders cancelled.

4.2 The Customer is responsible for and must purchase or otherwise provide all telephone and other equipment and services necessary to access and use the Service. All equipment provided by BT shall remain the property of BT at all times.

4.3 The Customer agrees and acknowledges that the Customer is responsible for installing, establishing and setting up, and for verifying and maintaining, the account, options, settings and other parameters under which the Service is used including (without limitation) all related passwords and user identification.

4.4 The Customer confirms that usage of the Customer's account with Timewarp is the Customer's own responsibility.

4.5 The Customer acknowledges that the Customer is aware that areas accessible on or through the Service may contain material that is unsuitable for persons under 18 years of age and the Customer agrees to supervise the usage of the Service by all permitted Users who are under the age of 18 including, without limitation, the use of e-mail, "chat", "conferencing" shopping or purchasing functions, newsgroups and the accessing, viewing and other use of the World Wide Web and all other Internet sites, services, products, features and contents.

5. The use of the Service
5.1 The Customer agrees to use the Service in accordance with the regulations and codes of practice issued by Timewarp from time to time.

5.2 The Customer agrees not to upload, post or otherwise publish on or over the Service, and not to seek on or over the Service, any software, file, information, communication or other content which:

5.2.1 knowingly causes annoyance, inconvenience or needless anxiety to any person, company, partnership or other legal entity whatsoever;

5.2.2 is offensive, abusive, obscene, menacing, defamatory or in breach of confidence;

5.2.3 without the prior approval of Timewarp, contains any advertising, promotion or solicitation of goods or services for commercial purposes;

5.2.4 contains, distributes or promotes chain letters or pyramid-selling schemes;

5.2.5 consists of or allows the distribution of binary files to non-binary news groups;

5.2.6 allows. creates or amounts to the transmission of excessive multi-posting ("spamming") or excessive cross-posting in news groups. If a customer violates this regulation then Timewarp will charge the customer for 'Clean-up' of the consequences of the customer's action. The charge for this 'Clean-up' will be at Timewarp's hourly charge out rate for Technical Staff prevailing at the time and will be for the number of hours the 'Clean up' takes. All rights to the use of email will be denied. All rights to the use of email will be denied;

5.2.7 violates or infringes the rights of others;

5.2.8 adversely affects the performance or availability of the Service or Timewarp resources;

5.2.9 contains any virus, trojan, worm, cancelbot, harmful component or corrupted data, provided that nothing in this clause shall prevent a Customer from utilising mail services in conducting a legitimate business insofar as such mail services do not consist of or include unsolicited advertising or promotional material.

5.3 The Customer agrees not to use the Service nor any of its elements or related facilities or capabilities to conduct any business or activity, or solicit the performance of any activity, which is prohibited or would violate any applicable law, rule, regulation or legal obligation.

5.4 Timewarp is a member of the Internet Service Providers Association (ISPA) and as such all ISPA rules and codes of conduct (full copies of which are available to the Customer upon request) are deemed to be part of the Agreement.

6. Copyright and licences
6.1 Timewarp reserves all copyright and other rights in and to any content available through the Service and which is identified as, claimed by Timewarp as, or known by the Customer to be, proprietary to Timewarp or its licensers.

6.2 The content on the Service is protected under applicable copyright law (including as a collective work). All copying, modification, distribution, publication or other use by a Customer of any such content or other works is prohibited, except with the prior written permission of Timewarp.

6.3 The Customer grants to Timewarp and its designated licensees, transferees, designees and contractors a non exclusive, paid-up, perpetual and world-wide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with Timewarp's business and that of its designated licensees, transferees, designees and contractors all software, files, information, communication or other content placed on, in, over or through the accessible areas of the Service, regardless of the medium, technology or form utilised by Timewarp in exercise of this grant.

6.4 Subject to the grant contained in clause 6.3 above each customer who places software, files, information, communications or other contents on the Service retains any rights which the Customer has in such content.

7. Use and control of information
7.1 The Customer warrants that it has entered a sufficient registration with the Data protection office and that it will comply with the Data protection principles.

7.2 Timewarp may, without obligation liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities user lists as well as aggregate information. For the purpose of this clause Aggregate information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which do not rely on providing to recipients the identity of any particular user of the Service. This shall not be construed to limit Timewarp's use of other information not addressed in this Agreement. Timewarp will be free, in its reasonable good faith discretion and without notice, and in its absolute discretion without notice to provide customer information or user information and records to all enforcement officers, agencies as requested and required to do so by English Law.

7.3 Information generated by or in connection with Timewarp's administration of the Service shall be and remain the exclusive property of Timewarp. Timewarp may also from time to time provide online, telefax, telephone, email, mail and other communications to its customers and users on matters pertaining to the Service, its features, its sponsors or its use without compensation to the or reimbursement of costs for doing so, but shall do so reasonably and in good faith. Customers acknowledge that communications with Timewarp, its representatives and its contractors may be monitored or reviewed for quality control and other reasonable business purposes.

8. Exclusion of liability by Timewarp
8.1 Nothing in these terms and conditions shall limit Timewarp's liability for death or personal injury resulting from its negligence or that of its employees, agents or contractors while acting in the course of their employment.

8.2 Neither Timewarp nor any of its information or content providers, service providers, licensers, employees, agents, or contractors shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the Customer's use of the Service (including, for the avoidance of doubt, all and any claims relating to acquired Material and any other content available through the Service), or inability to use the Service, or out of any breach of any representation or warranty.

8.3 Without prejudice to clause 8.2 above any liability whatsoever of Timewarp in connection to the Agreement shall be limited to the charge paid by the Customer, or, if the Customer is a business Customer, to a figure which equals the total Charge paid by the Customer over the preceding 12 months or shorter period, whichever is applicable.

8.4 Timewarp does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the Service. None of such content should be construed or understood to constitute or reflect the views or approval of Timewarp. Timewarp does not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification by the customer or user and, as appropriate, professional advice.

8.5 Customers expressly agree that the use of the service is at their sole risk. Neither Timewarp nor any of its information or content providers, service providers, licensers, employees or agents warrant that the service will be uninterrupted or error free; nor does Timewarp or any of its information or content providers, service providers, licensers, employees or agents make any warranty as to the results to be obtained from use of the service.

8.6 The service is distributed on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties or merchantability or fitness for a particular purpose or otherwise, except for those warranties, if any, which are implied by, and incapable of exclusion, restriction or modification under, the law applicable to this customer agreement.

9. Indemnity
9.1 The Customer agrees to indemnify Timewarp against all claims, liability, damages, costs and expenses (including but not limited to legal expenses) arising out of or related to:

9.1.1 the Customer's breach of the Agreement;

9.1.2 the Customer's placement on or over, or retrieval or communication from or through the Service of any software, file, information, communication or other content.

10. Variation
10.1 Timewarp reserves the right to vary or alter these terms and conditions upon the giving of at least 28 days notice in writing, such alteration or variation to take place on the date when the Customer's next payment for Charges becomes due.

11. Termination
11.1 Timewarp may terminate the Agreement at any time with immediate effect upon the giving of written notice to the Customer.

11.2 The Customer may terminate the Agreement at any time by giving 28 days notice in writing to Timewarp at the address stated in clause 1.10 above, or such other address notified by Timewarp in writing or electronically to the Customer. If 28 days notice of cancellation in writing is not received, then the Agreement will roll over for a further period of 12 months and will be due and payable.

11.3 If the Customer gives notice of termination to Timewarp which expires during the Minimum Subscription Period, the Customer must pay to Timewarp a sum equal to the outstanding Charges for the entirety of the Minimum Subscription Period, such Charges to be calculated at the rate then current on the expiration of such notice period.

12. Delegation
12.1 Timewarp may authorise or allow its contractors and other third parties to provide to Timewarp and/or to the Customer services necessary or related to the provision of the Service and to perform the obligations of and exercise the rights of Timewarp under the Agreement and, if applicable, to collect Charges on Timewarp's behalf.

13. Severability
13.1 If any term of this Agreement or its application is judicially or otherwise held to be invalid or unenforceable or if the parties mutually agree in writing to any variation or revision of this Agreement the remainder of this Agreement and its application shall not be affected and this Agreement shall remain in full force and effect.

14. Waiver
14.1 No failure by Timewarp to exercise and no delay in exercising any right, power or privilege under the Agreement shall operate as a waiver nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of it or the exercise of any other right, power or privilege. The rights and remedies provided in the Agreement are cumulative and not exclusive of any rights or remedies provided by law.

15. Complete Agreement
15.1 This Agreement constitutes the entire agreement between Timewarp and the Customer and supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to the subject matter hereof.

15.2 The Agreement can only be amended in the manner expressly provided for in these terms and conditions.

16. Notices
16.1 Unless otherwise stated any notice given under the Agreement shall be in writing either delivered personally at or posted by first class post to the address of the office or registered office of the party notified or electronically (meaning by e?mail or publication over the Service).

16.2 All notices which are posted shall be deemed to have arrived 48 hours after the date of posting.

16.3 All notices which are sent electronically shall be deemed to have arrived 24 hours after they are transmitted.

17. Force Majeure
17.1 Timewarp shall not be liable for any delay or failure to perform any part of the Agreement to the extent that such delay or failure is caused by fire, flood, weather, explosion, accident, war, strike, embargo, government requirement, civil or military authority, Act of God, civil unrest, inability to secure material or labour or any other cause beyond its reasonable control.

18. Headings
18.1 The headings in these terms and conditions are for information only and do not form part of the Agreement.