Terms & Conditions

1 Introduction

In this Contract:
"Authorised User" means anyone the Member allows to use the Service.
"The organisers" means Byron Way Community Website and the Organisers.
"Code of Conduct" means the guidelines regarding the use of the Site issued by its organisers for the protection of the Member and other users of the Service and made available for the Member and Authorised Users to read and review on-line.
"Contract" means, in order of precedence, these Conditions and the on-line Registration Form.
"Member" means the person named on the Registration Form, and anyone reasonably appearing to the organisers to be acting with that person's authority or permission.
"Internet" means the global data network comprising interconnected networks using the TCP/IP protocol suite.
"Service" means the e-mail service currently known as byronway.com, and any other related or ancillary services provided by the Site in conjunction with the organisers.
"Software" means any software provided by the organisers to enable the member to access or use the Service.

2 Duration
This Contract begins on the date that the Member completes the on-line registration process and will continue until terminated in accordance with this Contract.

3 Provision of the Service
3.1 The organisers will provide the Member with the Service on the terms of this Contract.
3.2 The organisers will use reasonable endeavours to provide the Service by any date agreed with the Member but all dates are estimates and the organisers have no liability for any failure to meet any date.
3.3 It is technically impracticable to provide a fault free Service and the organisers do not undertake to do so. The organisers will however repair any reported faults as soon as they reasonably can.
3.4 Occasionally the organisers may:
(a) change the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service;
(b) suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency, but before doing so will give as much on-line, written or oral notice as is reasonably practicable. The organisers will restore the Service as soon as they reasonably can after suspension; or
(c) give the Member instructions which they believes are necessary for reasons of health, safety or the quality of any services provided by the organisers to the Member or any other user.
3.6 Except for Software (if any) provided to the Member by the organisers as part of the Service, the Member is responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use the Services. This Contract does not include the provision of telecommunications services necessary to connect to the Service or to obtain access to the Internet.
3.7 The Member is responsible for the acts and omissions of all Authorised Users in connection with the Service and is liable for any failure by any Authorised User to perform or observe the terms and conditions of this Contract, including any instructions issued under paragraph 3.5.
3.8 The Member acknowledges that he or she is aware of the Code of Conduct and that the Code of Conduct has been made available for the protection and safety of the Member and others using the Service. The Member agrees to ensure that any Authorised Users are aware of and familiar with the Code of Conduct.

4 Security
4.1 The Member is responsible for the security and proper use of all user names and passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
4.2 The Member must immediately inform the organisers if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
4.3 The Member must not change or attempt to change a user name or alias. If a Member forgets or loses a password or user name the Member must contact the Organisers and satisfy such security checks as the organisers may operate.
4.4 the organisers reserve the right to suspend user name and password access to the Service if at any time the organisers consider that there is or is likely to be a breach of security.
4.5 the organisers reserve the right (at its sole discretion) to require the Member to change any or all of the passwords used by the Member in connection with the Service
4.6 The Member must immediately inform the organisers of any changes to the information the Member supplied when registering for the Service.

5 Use of the Service
5.1 The Service is provided solely for the Member’s own use (including use by Authorised Users) and the Member will not sell or attempt to sell the Service (or any part or facility of it) to any third party.
5.2 The Service must not be used by the Member or any Authorised User in a way that does not comply with:
(a) the terms of any legislation or any licence applicable to the Member or that is in any way unlawful;
(b) any instructions given by the organisers under paragraph 3.5(c)
(c) the Code of Conduct.
5.3 The Service must not be used by the Member or any Authorised User:
(a) fraudulently, in connection with a criminal offence, or otherwise unlawfully;
(b) to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service by any third party; or
(e) other than in accordance with the acceptable use policies of any connected networks.
5.4 The Member must not use a user name or alias which infringes the rights of any person in a corresponding trade mark or name. The organisers reserve the right to require the Member to select a replacement user name or alias and may either refuse to provide or may suspend Service if, in the organiser's opinion, there are reasonable grounds for the organisers to believe that the user name or alias is, or is likely to be, used for a dishonest purpose, offensive, abusive, defamatory, obscene, or in violation of any person's intellectual property or similar rights.
5.5 If the Member, an Authorised User or anyone else, with or without the Member's knowledge or approval, uses the Service in contravention of paragraphs 5.1, 5.2, 5.3, or 5.4, the organisers may treat the contravention as a material breach of this Contract which cannot be remedied for the purposes of paragraph 12.
5.6 The Member must indemnify the organisers against any claims or legal proceedings which are brought or threatened against the organisers by a third party because:
(a) the Service is used in breach of the provisions of this paragraph 5; or
(b) the Service is faulty or cannot be used by that third party.
The organisers will notify the Member of any such claims or proceedings and keep the Member informed as to the progress of such claims or proceedings.

6 Internet
The Service does not provide or include access to the Internet. The Member’s use of the Internet is solely at the Member's risk and subject to all applicable laws, and the organisers have no responsibility for any information, software, services or other materials accessed or obtained by the Members using the Internet.

7 Intellectual Property Rights
7.1 For the term of this contract the organisers, grants the Member a non-exclusive, non-transferable licence to use the Software.
7.2 The Member will not, without the organiser’s prior written consent, copy or (except as permitted by law) decompile or modify the Software, nor copy the documentation.
7.3 The Member will sign any agreement reasonably required by the owner of the copyright in the Software to protect the owner's interest in that software.
7.4 The organisers may offer updates or modifications to the Software or documentation. Any applicable charges for such updates or modifications will be notified to the Member at the time the organisers offers such updates or modifications.

8 Confidentiality
8.1 The organisers will keep in confidence any information provided to it by the Member when registering for the Service or otherwise under this Contract and will not disclose that information to any person (other than its employees, contractors, or professional advisers), without the Member’s consent.
8.2 This paragraph 8 will not apply to:
(a) any information which has been published other than through a breach of this Contract;
(b) information lawfully in the possession of the recipient before the disclosure under this Contract took place;
(c) information obtained from a third party who is free to disclose it;
(d) information which a party is requested to disclose and if it did not could be required by law to do so; or
(e) information which has been reduced by the organisers to anonymous, non-personal form before disclosure.
8.3 This paragraph 8 will remain in effect for 2 years after the termination of this Contract.

9 Limitation of Liability
9.1 The organisers are not liable to the Member, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.
9.2 The organisers excludes all liability of any kind in respect of any material on the Internet which can be accessed using the Service and is not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Service or on the Internet.
9.3 The organisers are not liable to the Member either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults in or failures of their equipment.

10 Matters Beyond Reasonable Control
If the organisers are unable to perform any obligation under this Contract because of a matter beyond their reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, they will have no liability for that failure to perform.

11 Termination of the Contract
11.1 Either party may terminate this Contract on 7 days’ notice to the other, without prejudice to any rights that may have accrued before termination. Upon termination (for whatever reason), the organisers may re-allocate any user names and aliases associated with the terminated Service.
11.2 The organisers reserves the right to suspend the Service at their discretion without notice if the Member fails to access the Service ("Inactivity") for a continuous period of fourty days or more. The organisers as part of suspending the Service will:
(a) delete all e-mails residing in the Member's e-mail account;
(b) reject all e-mails sent to the Member's e-mail account without notify the sender that the Member's e-mail account is inactive; and
(c) cancel all e-mail functionality provided as part of the Service.

12 Breaches of This Contract
12.1 Either party may terminate this Contract or the provision of Service under it without notice if the other:
(a) commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;
(b) commits a material breach of this Contract which cannot be remedied; or
(c) is repeatedly in breach of this Contract;
12.2 If any of the events detailed in paragraph 12.1 occur because of the Member or an Authorised User, the organisers may suspend the Service without prejudice to its right to terminate this Contract. At its sole discretion, the organisers reserve the right to suspend or terminate any Authorised User's use of the Service as an alternative remedy to immediate termination of the Contract. This remedy is without prejudice to the organisers's right subsequently to suspend or terminate the contract. The organisers may refuse to restore Service which has been suspended under this paragraph until it has received assurances satisfactory to the organisers that the breach has been remedied and will not be repeated.
12.3 Termination under this paragraph is without prejudice to any rights that may have accrued before termination.
12.4 If either party delays in acting upon a breach of this Contract that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract that waiver is limited to that particular breach.
12.5 Upon termination (for whatever reason), the organisers may re-allocate any user names and aliases associated with the terminated Service.

13 Changes to this Contract
The organisers can change the Conditions of this Contract at any time on without prior notice to the Member.

14 Assignment
Neither party may assign or transfer any of its rights or obligations under this Contract, without the written consent of the other, except that the organisers may assign their rights or obligations (or both) to a third entity without consent.

15 Entire Agreement
15.1 This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.
15.2 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.

16 Notices
Notices given under this Contract may be delivered on-line or by e-mail. Additionally, the organisers may publish notices to the Member via the website; notices will be deemed effective on the date of publication, or otherwise as notified to the Member by the organisers. A notice from the organisers which is sent by e-mail to the Member's byronway.com e-mail address will be deemed effective 3 days after the date it is sent. A notice from the Member to the organisers will be deemed effective when received by the organisers at the e-mail address notified by the organisers to the Member.

17 Data Protection Consent
By accepting the terms and conditions of this Contract, the Member grants the organisers and their agents processing data on the organiser's behalf, permission, in accordance with the Data Protection Acts 1984 and 1998, to send the Member unsolicited advertising and promotional material pertaining to other products and services and to third-party products and services selected by the organisers.

18 Law
This Contract is governed by the law of England and Wales.

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