Yousurf Terms and Conditions

By registering for the Internet service you agree to the following terms and conditions laid down for use of the Internet service.

In order to enable yousurf (the ISP) to provide its service on such favourable terms, you are required to provide the ISP with your details as part of the sign up process.   The information you provide on registration must be true, accurate and complete.  You agree to inform us of any changes to your registration details immediately by email addressed to ( info@yousurf.net ) .  This data, and any subsequent data requested, may be used by The ISP solely for the purposes of management of your account and provision of Internet access to you. It may also be used by The ISP and other subsidiaries of The ISP from time to time for the purposes of promoting its own and third party services and goods to you by way of on-screen advertisements and offers. These advertisements will be based on the information that you have supplied to us and will relate to areas in which we think you will be interested. However, except as specified above, The ISP will not pass on your personal details to any third party without your consent.

A. A monthly subscription fee will be payable by Credit Card/Debit Card for the chosen service or services at the published rates. The ISP reserves the right in its absolute discretion at any time and without notice to remove amend or vary any of the content supplied in connection with the service or which appears on any page of the sites.

B. The User will access the service using the provided number and must be used only from the number specified by the customer.

C. The level of the service will be determined according to the ISP.

D. Uploads to the User's web space will be limited to the published levels.

E. The ISP will not permit FTP access to the User's web site from outside of its network. Most direct SMTP connections from outside of the ISP's network will also be barred.

F. A telephone support line will be available during the stated hours for the provision of basic technical assistance. This service will be charged at published levels.

G. Unless otherwise stated, the service will automatically terminate the connection after a 10-minute inactivity period.

H. Unless otherwise stated, the service will automatically terminate after TWO hours of continuous use. You can redial to reconnect.

I. UNLESS OTHERWISE STATED, the services are for residential use only and may be operated only from a domestic residence. OPERATING NON- BUSINESS SERVICES FOR COMMERCIAL USE IS EXPRESSLY FORBIDDEN. BUSINESS SERVICES ARE CLEARLY HIGHLIGHTED AND ARE DESIGNED WITH BUSINESS USERS IN MIND.

J. Emails from all terminated accounts will be completely purged after 30 days. The email address will then become available to the wider subscribers database.

K. FAIR USE POLICY. The ISP operates a Fair Usage Policy, which restricts each service type to a maximum number of hours each month. The following restrictions will apply:

1) ALL 64K SERVICES ARE UNLIMITED.
2) ALL ‘LITE’ SERVICES WILL BE RESTRICTED TO 30 HOURS PER MONTH.
3) ALL BUSINESS SERVICES ARE UNLIMITED

Please note these conditions:

a) LITE USERS WILL NOT BE ABLE TO EXCEED THE MONTHLY LIMITATIONS.
b) HOURS MUST BE USED IN THE MONTH OF USE.
c) UNUSED HOURS CANNOT BE ROLLED OVER IN TO THE NEXT MONTH.
d) NEW HOURS ARE AVAILBLE FROM THE DAY THE CREDIT / DEBIT CARD IS DEDUCTED.
e) NO REFUNDS WILL BE ISSUED AT ANY TIME.


1. USE OF SERVICE
2. SERVICE AVAILABILITY
3. PERIOD
4. WARRANTY
5. ACCESS
6. SOFTWARE LICENCE
7. CHARGING
8. TERMINATION
9. CHARGING
10. LIMITATION OF LIABILITY
11. FORCE MAJEURE
12. NOTICES
13. ASSIGNMENT
14. NO WAIVER
15. VARIATION OF TERMS
16. LAW
17. ACCESS POLICY
18. ACCESS FOR CHILDREN
19. WEB SPACE
20. WEB SPACE CONDITIONS OF USE

21. DEFINITIONS

1. USE OF SERVICE

1.1 You may only use the Service for lawful purposes; in particular you may not use the Service

a. to transmit defamatory, offensive or abusive material or material of an obscene or menacing character; or
b. in breach of copyright or other intellectual property right; or
c. in contravention of the Computer Misuse Act 1990.

1.2 The Service is to be used by a single PC only. You may not sell on or sublet the Service. You agree to inform us of any change of address or telephone number supplied on registration.

1.3 You agree not to disclose your password to any other person. If it becomes known, you will inform the Helpdesk immediately. The Helpdesk may require you to change your password where it considers necessary.
1.4 You acknowledge that the ISP is unable to exercise control over the content of material transmitted or received using the Service.

1.5 You may not use the Service to transmit

a. any material (including viruses) which is likely to cause harm to the ISP’s or anyone else's computer systems.
b. IP Multicast or other applications which make similar demands for bandwidth.
c. excessive material using the UDP protocol.

1.6 You may not use more than 5 MB of capacity for E-mail, and we shall not hold E-mail on your behalf above this level.

1.7 You acknowledge that if for any reason you do not access your E-mail account for a period of 60 days or longer, the ISP reserves the right to terminate your E-mail account, delete all information stored on it and delete your web space without notice to you. In this event, the ISP will have no liability to you for the loss of any data.

1.8 You should not retain information of value to you which can only be accessed using the Service, or rely on the Service for transmitting information of value to you.

1.9 You agree to fully indemnify and to hold the ISP indemnified from and against any claim brought by a third party resulting from the use of the Service and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by the ISP in consequence of your breach or non-observance of these terms.

1.10 You agree that the filtering service and various other elements of the service are not provided by us but instead by other companies.  We are therefore unable to guarantee that such products and services or any websites accessible via the services are virus or error free. 

1.11 You acknowledge that we cannot guarantee that the service will be uninterrupted or error free.  Similarly, we cannot guarantee that the transmission of information over the internet will be secure or that you will be able to access the internet at all times or at the speeds that we have indicated are available.

1.12 You acknowledge that we may require you to change your domain name, URL or email address and we may suspend the internet access service if we reasonably believe that any domain name, URL or email address you are using is, or is likely to be offensive, abusive, defamatory or obscene.

1.13 You acknowledge that copyright, trademarks and other intellectual property rights protect content on the Portal.  You must not and must not permit anyone else to copy, store, modify, distribute externally, broadcast or publish any part of the Portal.

2. SERVICE AVAILABILITY

2.1 The ISP reserves the right at its discretion to refuse to

a. accept your registration or
b. provide access to the Service.

2.2 The ISP may restrict access to certain types of information brought to its attention which may cause offence to other users of the Service.

3. PERIOD

3.1 Either party may terminate the Service on one month's notice. Cancellation must be notified to the ISP by email to info@yousurf.net or by first class post to yousurf, Yousurf Limited, Suite 57, 151 High Street, Southampton, Hampshire SO14 2DS.  All account cancellations will be acknowledged by e-mail.  E-mail cancellation is not necessarily secure and the ISP accepts no responsibility for any cancellation request not received.  You acknowledge that cancellation of your account shall only be valid if notified to the ISP in accordance with the above provisions and duly acknowledged.  Any and all cancellations of accounts shall be effective on the following renewal date.

3.2 The ISP may terminate the Service immediately

a. if it has reason to believe that you are not using the Service in accordance with these terms; or
b. if a competent regulatory authority requires the ISP or any of its suppliers to do so.
c. in accordance with the provisions of clause 1.7 above.

4. WARRANTY

4.1 The ISP shall provide the Service using reasonable care and skill.

4.2 The ISP endeavours to provide a Service which is available at all times, but it cannot warrant the availability due to factors beyond its control.

4.3 The ISP gives no warranty as to the quality of or accuracy of information received using the Service.

5. ACCESS

5.1 In order to obtain access to the Internet, we shall provide you with the necessary configuration information, and an optional software configuration file for a PC subject to the Software licence set out below.

6. SOFTWARE LICENCE

6.1 The ISP and its suppliers individually own the elements of the Software and the
documentation provided with it, both of which are protected by copyright. Your right to use the Software and documentation is limited as set out below:

6.1 You may:

ONLY USE THE SOFTWARE AND DOCUMENTATION WITH THE INTERNET ACCESS SERVICE INITIALLY OFFERED BY THE ISP IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS OR INTERNET ACCESS SERVICE.

6.2 You may not:

a. distribute copies of the Software or its documentation to others;
b. modify, translate, reverse engineer, decompile or disassemble the Software (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software; or
c. rent, lease or transfer your rights to the Software;
d. ship or transmit (directly or indirectly) any copies of the Software, or any technical data in the Software, to any entity or country destination; or
e. alter or remove any copyright, trademark, and other protective notices contained in the Software.

7. CHARGING

For any and all charges payable to The ISP you will:

7.1 pay with a debit/credit card registered in your name

7.2 not use an out of date debit/credit card

7.3 ensure that there are sufficient funds available in your account registered with us to pay for services changed by The ISP to you

7.4 refund to the ISP the cost of collecting outstanding payments owed or charges incurred due to failed or referred transaction(s) and

7.5 immediately notify the ISP by post or email of changes to your credit/debit card details

7.6 when selecting an alternative package with the ISP, any outstanding charges from a previously selected package will require settlement in full  The ISP reserves the right to claim from you any outstanding charges

7.7 the ISP reserves the right to increase or decrease charges from time to time.  Post or email will communicate details of any such change to you.  Your right to cancel the service shall apply as set out in clause 2

8. TERMINATION

The Software licence will terminate automatically if you fail to comply with the license conditions above or the Service is terminated. Upon termination of the license you must destroy all copies of the Software and documentation.

8.1 The ISP will be entitled to terminate a Contract immediately:
a) if the ISP discovers that the User or any Co-User has been creating, downloading or uploading any of the material specified in Condition 1.1 or if the User has been in breach of any of these Conditions or any law, code or regulation applicable to the Internet or users; or
b) abuse of the system. Such abuse to be defined as but not limited to "pinging" of the system in order to keep the lines open during a period of inactivity.
c) Upon providing the User with 24 hours notice by e-mail.
d) if the User fails to pay any charges under the Contract when due.

8.2 The User may terminate a Contract by discontinuing use of the Services.

8.3 In the event of termination by the ISP of a Contract the ISP may retain all payments made hereunder and may deny the User access via the Services to any material or data stored on the Internet. The User shall within 7 days of termination remove from the User's equipment the Software and the ISP's material.

9. CHARGING

9.1 You shall be liable to pay a monthly subscription fee for use of this service, as set out by the ISP

9.2 Unless otherwise stated, charges are exclusive of Value Added Tax and any other taxes applicable from time to time, which you shall pay.

10. LIMITATION OF LIABILITY

10.1 The ISP accepts no liability in contract, tort or otherwise including negligence for:

a. inability to gain access to the Service as a result of routine or emergency maintenance on the system or excessive demand for the Service;
b. loss of data including both data transmitted and other data held by you;
c. delay or failure in transmitting or receiving material;
d. indirect or consequential losses arising from use of the Service including loss of revenue, business, anticipated savings or profits.

e. the inoperability between your PC, modem and the public telephone service

11. FORCE MAJEURE

Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure and the actions of other internet service providers and users.

12. NOTICES

Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by E-mail, first class post or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered two days after its despatch. Any notice given by E-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.

13. ASSIGNMENT

13.1 You may not assign or delegate all or any of your rights and obligations without The ISP's prior written consent such consent not to be unreasonably withheld.

13.2 The ISP shall have the right to assign or transfer all or any of its rights and obligations to an associated company of the ISP or other person on notice.

14. NO WAIVER

Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

15. VARIATION OF TERMS

The ISP reserves the right to vary these terms from time to time on giving you notice. You shall be deemed to have accepted the changes if you continue to use the Service after a period of two weeks from the delivery of the notice.

16. LAW

The provision of the Service shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have jurisdiction to resolve any disputes between us

17. ACCESS POLICY

We recognise the wishes of our Networks' to be able to access as wide a range of communications and information on the Internet as possible and do not wish to restrict that access. However, we will not knowingly permit the transmission of or access to material that is deemed illegal by the UK authorities.

In view of the vast flow of information transmitted by an Internet Service Provider each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system. We believe that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified by the authorities that it is illegal.

Co-ordination of these matters with the authorities in the UK is handled by the Internet Watch Foundation (IWF), a body supported by UK Internet Service Providers, the Department of Trade and Industry and Police Authorities. If particular information is deemed to be illegal by the authorities the IWF will advise Internet Service Providers such as ourselves accordingly, and we will take steps to prevent access to it.

If you feel that the contents of any site may breach the UK law, you should contact the Internet Watch Foundation hotline and draw their attention to it. Details can be found at http://www.internetwatch.org.uk/hotline.

We would remind you that our Terms and Conditions of supply for the ISP service prohibit you from using the service to transmit defamatory, offensive or abusive material or material of an obscene or menacing character. It may also be illegal for you to receive such information.

18. ACCESS FOR CHILDREN

You should note that there may be material accessible via the Internet which is unsuitable for children. Despite the filtering available via the ISP, and where children may be users, we suggest: -

You do not allow unsupervised access and keep your password to yourself.
You consider downloading running on application which allows you to restrict access from your computer to certain areas of the Internet.

19. WEB SPACE

This section contains a few simple rules and regulations for using your free Web space that we've drawn up for your benefit as well as ours.

Please take a few minutes to read them through and make sure you understand them. They apply in addition to our standard Terms and Conditions for Internet service.

Your ISP Internet Web space lets you have your own Web site on the World Wide Web, entirely free of charge. You can enjoy your Web space with a unique personalised URL

(Uniform Resource Locator) in the form: http://www.prefix.ISP.net

where is a Web site name of your choice, (subject to availability). It is up to you to ensure that your choice of does not infringe or contravene any trademarks.

You can only reach your Web space by using the URL in the form www..ISP.net. You cannot reach it using an IP address.

You may use the Web space solely for personal purposes, subject to the terms and conditions of use outlined below. You can update or change your Web space as often as you like, and can take advantage of Technical Support for uploading, downloading or viewing pages.

The storage limit on your Web space is enforced by the system that accepts uploads to the World Wide Web. If a file upload exceeds your Web space quota, then it will not be accepted.

20. WEB SPACE CONDITIONS OF USE

You may use up to a maximum of 10 MB of Web space solely for personal purposes. An average of 1000 hits a day and will be permitted for your personal Web space.

Only CGI programs and scripts provided by us can be used on your Web site.

Support is only provided for uploading, downloading and viewing pages. No support is provided for HTML authoring or page design.

You acknowledge that if for any reason you fail to access your E-mail account for a period of 30 days or longer, the ISP reserves the right to delete your Web space without notice to you. In this event, the ISP will have no liability to you for any loss of data.

The ISP will not keep back-ups of your pages

The ISP accepts no responsibility for any loss of data, information in any form or
any other matter relating to the use of this service. Similarly, we accept no responsibility for hit counts being reset or incorrect.

You are responsible for the content of your Web site and any material within it, including obtaining legal permission for any works quoted, and ensuring that the contents do not violate UK law.

You will be held responsible for any defamatory, confidential, secret or other proprietary material available via your Web site.

You must ensure that your index.htm or index.html (the first page to be viewed on your site) does not contain any material liable to offend. A clearly readable warning page must be displayed before any material of an adult nature is displayed.

The ISP will not be held responsible for any loss, however occasioned, as a result of the suspension, removal or unavailability of a Networks’ Web space or material stored within it.

If your account is suspended for any reason, then access to your Web space and the information stored within it may also be suspended.
When you close your account with the ISP, then your Web site will also be deleted.
The ISP reserves the right to remove any pages or information from your Web
site (at our sole discretion), without prior notice and without explanation.

The ISP reserves the right to suspend any or all of the Web space service at any
time, without prior notice and without explanation.

The ISP reserves the right to instruct that sites which show excessive usage
(exceeding 1000 hits per day) be modified or removed to an alternative hosting server.
The ISP reserves the right to make a charge for any assessment of suspended
sites.
The ISP reserves the right to vary the terms of 'excessive usage' at their sole discretion at any time, without prior notice.

You may not sell on or share use of the Web space or any material stored within it.

By registering for the Web space service, you will be deemed to have agreed to and accepted these conditions.

The ISP reserves the right to vary the Conditions of Use and acceptable use policy for the Web space service at their sole discretion at any time and without prior notice.

Any decision made by the ISP in relation to this service shall be final.

21. DEFINITIONS

Yousurf or we or us means Yousurf Limited trading as yousurf, registered in England and Wales under Company Number 04862443 whose registered office is at Suite 57, 151 High Street, Southampton, Hampshire SO14 2DS

The ISP means yousurf

Charges means any or all charges to you, whether for internet access and any other services or goods you may purchase from yousurf from time to time

The internet means the global data network comprising interconnected networks using transmission control protocol/internet protocol

Service means the service provided by yousurf whereby you may gain direct access to the internet via the telecommunication network and, where applicable, any services and facilities provided by yousurf for you in connection with the service

Filtering means Puresight by iCognito Technologies, a product which has been incorporated into the yousurf internet access package but over which yousurf and Family 1^st have no direct control.  For further information please refer to terms and conditions provided at www.icognito.com

Log In Name means a unique sequence of characters chosen by Networks to act as an identifier to the system. It is used in conjunction with the Password to provide access to the Service and is used by the System as a unique address for all Networks communications;

Password is a secret code which is used in concert with the Log-in Name to identify the user to the System;

System the set of equipment used by the ISP in order to provide the Service;

Terms this set of the ISP’s standard terms and conditions for the Service as varied from time to time.