The software about to be installed on your computer is licensed ONLY for use by Direct Connection customers. You must NOT install these programs unless you are a subscriber to our services. To join Direct Connection call our sales team on 0800 072 0000 or email us at infopack@dircon.net
If you are a subscriber to Direct Connection, make sure you have your Account Details sheet, which lists your User ID and Password, as well as your Internet Connection Guide.
Before you proceed, you should read the following Terms & Conditions. By installing this Internet access and application software, your are agreeing to these Terms & Conditions.
If you DO NOT agree to these terms and conditions, you should NOT install the software or make use of Direct Connection's Internet access services. Furthermore, if you have not subscribed to Direct Connection's service, you must NOT install or use this software.
1 INTERPRETATION AND DEFINITIONS
1.1 This contract governs the provision of Direct Connection service to the Customer.
1.2 In this contract the following terms shall have the respective meanings assigned to them (words in the plural include the singular and vice versa):
"TDC Ltd." means The Direct Connection Limited;
"Customer" means the person, or group of people, who receive the Service from TDC Ltd. under the terms of this contract;
"The Service" means the services provided by TDC Ltd. to enable the Customer to access the Internet and, where applicable, any services and facilities provided by TDC Ltd. in connection with the Service;
"Software" means any commercial software, shareware or freeware program provided by TDC Ltd. as part of the Service
"ID" means the unique account identity issued to each Customer;
"Terminal" means all equipment and software used by a Customer to receive the Service;
"Subscription Fee" means the amount payable by the Customer for access to the service;
"Charges" refers to money owed by the Customer as a result of using any charged facility or Service.
1.3 These terms and conditions are subject to the laws of England and the Customer hereby submits to the jurisdiction of the English Courts.
2 PROVISION OF TDC SERVICE
2.1 The Service shall comprise of such services and facilities provided at such times, during such periods and in such circumstances as TDC Ltd. shall decide from time to time.
2.2 The Customer's access to the Service may be occasionally restricted to allow repairs, maintenance, implementation of new facilities and archiving.
2.3 Any application or request made by the Customer to TDC Ltd. for any change in service must be made in writing, unless both TDC Ltd. and the Customer agree upon another method of notification.
3 RIGHTS RESERVED BY TDC Ltd.
3.1 To alter or amend its arrangements for the Customer's access to the Service,
3.2 To give instructions about use of the Service which TDC Ltd thinks reasonably to be necessary in the interests of safety, or of the quality of Service to TDC Ltd's other Customers and any such instructions shall whilst they are in force, be deemed to form part of this contract.
4 USE OF THE SERVICE
4.1 The Customer shall not, nor permit any other person to, use the Service:
4.1.1 to send or receive any material which is abusive, indecent, obscene, defamatory, racist, offensive, menacing or in breach of confidence, copyright or any other rights;
4.1.2 to cause annoyance, inconvenience or needless anxiety
4.1.3 other than in accordance with the acceptable use policies of any connected networks and the Internet Standards
4.1.4 to send unsolicited advertising or mailshots of any kind;
4.2 The Customer may not assign, transfer or 'sub-let' his or her right of access to the Service.
5 ACCESS TO THE SERVICE
5.1 TDC Ltd. shall not be held responsible for the Customer's inability to access the Service due to incompatibility between a Customer's terminal equipment and any equipment used by TDC Ltd.
5.2 The Customer will still be liable to any charges for the Service if they become unable to access the service for any period of time.
5.3 TDC Ltd. shall not be held liable for any inability to access the service due to faults in any communications network between the Customer and TDC Ltd.
6 USE OF THE SOFTWARE
6.1 The Software provided by TDC Ltd. as part of the Service is licensed solely for use by the Customer.
6.2 In addition to the conditions of use specified in this paragraph, the Customer must abide by any license agreement provided by the manufacturer of each particular software program.
6.3 THE SOFTWARE IS PROVIDED TO THE USER "AS IS." DIRECT CONNECTION MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. DIRECT CONNECTION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, DIRECT CONNECTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ANY DOCUMENTATION PROVIDED HEREWITH IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIRECT CONNECTION OR A DIRECT CONNECTION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
7 CHARGES FOR THE SERVICE
7.1 TDC Ltd. shall collect any Charges relating to facilities available on the service.
7.2 TDC Ltd. may alter the Subscription Fee or any of its charges at any time by giving notice of the change on the Service before the new charges are levied against the Customer.
7.3 The Subscription Fees are payable in advance and are not refundable, except where stated otherwise.
7.4 Charges and Subscription Fees shall be payable on demand.
7.5 TDC Ltd. shall collect any Charges accrued by the Customer or anyone using the Customer's ID at any time.
7.6 Charges are exclusive of value added tax unless otherwise stated.
7.7 Charges and Subscription Fees do not include charges for any communications service used to connect the Customer to the Service unless otherwise stated.
7.8 TDC Ltd. shall charge interest on any unpaid amounts at a rate decided by TDC Ltd. from time to time.
7.9 Cheques and direct debits returned unpaid by the Customer's bank shall incur an administration charge.
8 TERMINATION AND SUSPENSION OF SERVICE
8.1 IF a Customer:
8.1.1 fails to pay any Subscription Fees or Charges;
8.1.2 is the subject of a bankruptcy order;
8.1.3 fails to follow any part of this or any contract that it holds with TDC Ltd.;
8.2 THEN TDC Ltd. may (without prejudice to any other right or remedy):
8.2.1 suspend the Customer's access to the Service whilst the Customer continues to pay any of the Charges and Subscription Fees
8.2.2 after giving written notice, terminate the contract between the Customer and TDC Ltd. The unused portion of the Customer's subscription fee will not be returned.
8.3 TDC Ltd. may terminate the Customer's access to the whole or any part of its services at any time and for any reason by giving written notice and returning the unused portion of the Subscription Fee.
8.4 The Customer may terminate their access to the Service by providing written notice.
8.5 Any notice of cancellation/termination the Customer sends will take effect at the end of the calendar month in which the notice was received.
8.6 If for any reason the contract between the Customer and TDC Ltd. is terminated the Customer shall remain liable for all outstanding Charges and Subscription Fees and this contract shall continue to cover any material sent by the Customer for as long as it remains on the service.
9 LIMITATION OF LIABILITY
9.1 TDC Ltd. has no obligation, duty or liability for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
9.2 The Customer acknowledges that TDC Ltd. has no control over the information transmitted via the Service and that TDC Ltd. does not examine the use to which Customers put the Service or the nature of the information they are sending or receiving. TDC Ltd. hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
9.3 TDC Ltd. is, in no circumstance, liable in contract or otherwise for direct or indirect loss of business, revenue profits, savings, wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.
9.4 In any event TDC Ltd's liability shall be limited to the amount the Customer has paid in respect of service for the subscription period in which the incident or series of incidents occured.
9.5 The Customer shall indemnify TDC Ltd. against any claims, legal proceeding and expenses (including legal fees), arising from the Customer's use of the Service which are brought or threatened against TDC Ltd. by another person.
9.6 In the event of any part of this agreement being held inapplicable or unreasonable, the remainder of the agreement shall remain in full force and any clause held inapplicable or unreasonable shall be enforced to the fullest extent possible.
9.7 TDC Ltd. may at any time, with immediate effect, modify these terms and conditions by publishing the amended service agreement on the service.
10 SERVICE OF NOTICE
10.1 Any written document shall be deemed to be given or served by TDC Ltd. on the day that it is emailed to the Customer's User ID or posted to, or left at, the address given by the Customer for receiving bills.
10.2 Any information published on the Service, including changes to Subscription Fees or Charges, shall be deemed to be given or served by TDC Ltd. on the day that it is published.
11 FORCE MAJEURE
11.1 TDC Ltd. shall not be held liable for any breach of this contract caused by circumstances out of its control including Acts of God, fire, lightening, explosion, war, disorder, flood, industrial disputes (where or not involving its employees), extremely severe weather or acts of local or central Goverment or other competent authorities.
