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Terms and Conditions of Trade

Terms and Conditions

NETWORK SYSTEMS & mscable.com and mscloudnet.com (which are all trading names of Long Range Systems UK Ltd)

RESIDENTIAL & BUSINESS TERMS AND CONDITIONS FOR DIALUP, ADSL,ISP AND CLOUD COMPUTING SERVICES USAGE

These terms and conditions of business govern the services we provide you. They explain what you can expect from us and what we expect from you. They are important and you should read them carefully. We have tried to make them easy to understand, however if there is anything in the terms and conditions that you do not understand please telephone customer support on 01782 544700. By using our services for more than 1 day you are confirming to us that you fully understand and accept our terms, conditions and policies as set out here.

1.Definitions

In our terms and conditions we use word’s which have special meanings, set out below is a list of those words and meanings: We or Us means Long Range Systems UK Ltd trading as mscable.com and mscloudnet.com service means the service or services which you have chosen to select or purchase, as supplied by us. Fees means the fees that we charge for initial connection to the service and for continued access. The fees depend on the Service which you have decided to select or purchase.

2.Terms and conditions

By using any of our services or hosting or cloud computing services with us you have agreed to these terms and conditions. When we have processed your order or registration and received any fees which are due from you, we will provide you with the relevant service. The right to use the Service is personal to you or your company.

3.Supply

In order for us to be able to provide the Service you must have the right computer equipment for that service, a modem and/or ADSL telephone line or leased line dependent on the service. The fees that we charge for the Service do Not include providing you with any equipment or telephone lines (unless we agreed to do so in writing) and it is your responsibility to ensure that you have the necessary means to access the Service, and that it is the right Service for you. We have no obligation to advise you of new services or upgrades. The cost of the telephone calls you make to our network will be charged to you by your telephone company and must be paid by you. ADSL costs are extra, but do not carry call charges in the normal way. Please remember that  in general you are charged by a telephone company for the actual length of time that you are connected to the Service and it is your responsibility to ensure that the call is charged at any special rate you have agreed with your telephone company.

4.Passwords and security

We will provide you with a password and username if we need to. That must be kept secret. You must notify us immediately if you think that anyone else knows your password and/or username. We reserve the right to change the password in the event of a suspected security breach and will notify you of this as soon as we can. Please remember when using the Service and sending data to other people your communication may not be secure. It could be unsafe to submit your credit card or debit card details, or personal information, over the Internet. Unless you have agreed to buy a Service which allows more than one person to access the Service only one connection may be made at any time using your username and password. You can share the Service with members of your family provided that only one person is connected to the Services at any given time.
Only one telephone number per household is permitted.

5.Acceptable Use Policy

All subscribers are required to read and agree to abide by the Acceptable Use Policies of mscable.com and mscloudnet.com. These policies can be viewed on our web site at www.mscable.com and mscloudnet.com. If we think your usage is beyond what we deem to be acceptable use we reserve the right to suspend your service temporarily. However continued breach offenders will be suspended indefinitely.

6.Maintenance/Support

We will provide ongoing maintenance in respect of the Service supplied to you for this purpose there will be some occasions when you will not be able to access the Service. We will keep this to a minimum. Support services are only available in respect of some of the Services and you will have to decide which service is best for you. We shall not be liable for any consequential losses you may suffer. You will not be eligible for any compensation because you cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. We may change the service at any time.

7.Fees

You agree that you will pay the appropriate fees for this service on time. All fees must be paid in advance of the period of use. The amount payable by you and the payment intervals will be selected by you and agreed with us. We accept payment by credit card, debit card or Switch or direct debit. If you choose to pay by credit or debit card, we will debit your card when payments fall due without further reference to you. We reserve the right to vary the annual subscription fee payable in respect of the service from time to time and we will post details of any variations on our sites. Any such changes will not be effected until at least seven days after they have been posted to our Web site. The annual subscription fee will remain fixed for the first term you sign up for. Your account may be suspended or closed if any sum due for a product or Service is unpaid or is in arrears - without further notice to you. You understand and agree that if you fail to make payments of fees when they are due, we may charge interest on late payments at the HSBC Bank PLC rate plus two per cent for each day payment is delayed. If any payment of fees remains overdue for more than seven days we may terminate or suspend your access to the Service. If you wish to resume access to the Service after you have been disconnected for late payment we may charge you a reconnection fee and request a deposit as security for the reconnection.

8.Termination

If you fail to pay fees when they are due or abuse the Service in our opinion we may terminate your access immediately and will accept no further liability. Our policies on improper use are explained below. You may terminate your agreement with us at any time by giving us 90 days notice in writing providing you are not on an annual agreement by recorded delivery for the attention of the “Accounts Department”. Termination of the service will only become effective on the 90th day following receipt of this notice. We reserve the right to withhold any facility associated with the Service, account, notwithstanding termination, until fees are met in full. We reserve the right to terminate your right to use the Services at any time, without giving any reason whatsoever. All Termination notices will take effect from the 1st day of the month - if you send us a termination notice on May 15th it will come in to operation on June 1st.

9.Improper Use

Our network and / or service may only be used for lawful purposes. The law relating to Internet use is under continuous development. It is up to you to check whether you might be infringing any law or regulation and if in doubt you should take legal advice. You agree that you will not use the service for transmission of any material which breaches any law or regulation, or which is defamatory, menacing, obscene, abusive or which breaches someone's civil rights. You also agree that you will not place any material on your own or any other site likely to cause offence to other customers. Nor will you permit or allow any one else to do so. Any breach of this clause will entitle Us to terminate the Service. For this purpose it will be irrelevant whether you knew of the content of the material transmitted. Alternatively we may suspend the service without notice if in our reasonable opinion you are in breach of this clause. Please remember that material which would not cause offence in the United Kingdom may cause offence in other countries and the Service will give you access to computer networks worldwide. The Service has a finite capacity and we reserve the right to terminate any use of the Service which we consider profligate or to the detriment of our other customers, an example of profligate use would be customers using more than the allocated daily bandwidth limit for data transfers is restricted to 100MB for residential accounts & 250MB for business accounts. This would include applications such as transmitting or receiving live video, live audio or other similar traffic demands across the network. Use of IP Multicast other than the means provided and coordinated by Us is forbidden, unless agreed in writing by Us subsequent to agreeing charges against this Service. If you intend to extend your network to a WAN (wide area network) encompassing other LAN's (local area network/s) and by definition extending access to the service provided by us this can only be done upon receiving written authorisation from us and subsequent to agreeing additional charges against this extended Service. We reserve the right to suspend any customers account that abuses the allocated daily bandwidth limit for data transfers of 100MB for residential accounts & 250MB for business accounts. This would include applications such as transmitting or receiving live video, live audio or other similar traffic demands across the network. Use of IP Multicast other than the means provided and coordinated by Us is forbidden, unless agreed in writing by mscable.com and mscloudnet.com. Without written authorisation you will subsequently be deemed as abusing the data transfer policy and faced with all necessary expense and costs incurred by the company Long Range Systems UK Ltd. The 0845 access Service will only be provided via the designated telephone number which you entered when you completed your contact details with us in the registration process. Access will be granted for a single connection following a successful match of this number against the number detected through your Calling Line Identity (CLI) which is presented with your call with your call when attempting to connect to the Service. Downloading illegal products of any kind will cause your account to be ceased without notice to you and we will not reinstate that service unless you desist from those illegal practices.

10.Liability

You agree and accept that we are unable to exercise control over the content of the information passing over our connection or our network or the Service and we cannot be responsible for the transmission or reception of such information. We are not in a position to monitor how you use the Service and so you agree to indemnify us against all and any claim that is brought against us or all and any costs liability which we incur as a result of your use of the Service and we accept no responsibility for any action brought against you arising from the use of the Service. While we will use best endeavor to provide a continuing Service we will not be liable for any loss, including loss of data resulting from using the Service, failure to supply the Service or delay or interruption in the supply of the Service. In particular we cannot be liable for the quality or accuracy of information received through the Service. It is your responsibility to carry out computer virus precautions and we will not be responsible for loss arising out of computer viruses, whether they are introduced through our software or otherwise. From time to Internet addresses or sites are disconnected or cannot be found. We are not responsible for maintaining sites other than our own. You are in a better position than we are to evaluate any potential loss you may suffer by using this Service and to insure if appropriate. Accordingly our liability to you, whether for breach or contract, negligence or otherwise is limited to a maximum amount of the fees you have paid for the Service since the problem began. We will not be liable for any losses you may suffer as a result of loss of business, contracts, profits, savings or any other cause.

11.Domains

We regularly buy domains registered to Long Range Systems UK Ltd and/or other people who we work with. If you transfer your domain to us then you retain the title to that domain. However, if we obtain a domain and allow you to use it (renting the domain) while hosted with us then we retain the ownership of that domain should you cease to host with us. We currently own, along with associates literally hundreds of domains so please be aware that all domains not transferred to us, where we buy the domain, that domain belongs to the registered owner and you will lose use of that domain in ANY circumstance where you cease to work with our company. We reserve the right to terminate the use of any of our domains at any time without giving any reason whatsoever. We are not obliged to sell any domain to any specific user but may consider if requested to do so.

12.Software

Any Software that we provide to you which is down loaded from us or provided is free of charge. You are however responsible for registering Software that requires such registration and paying any regulated charges thereafter. It is your responsibility to act within the law regarding licensing issues for your use.

13.Data Protection

We reserve the right to put the names and other information from the order or registration form into a computerised directory for internal purposes only. We also reserve the right to pass on your details to third parties whose products may be of interest to you, unless you specifically instruct us otherwise.

14.Notices

If you need to give notice for any reason, you must do so by Recorded Delivery Post marked for the attention of the “Accounts Department”. Please note that any notice you give to us will only be considered effective from the day on which we acknowledge it. If the notice is less than 1 calendar month on an annual account to termination we will apply your notice as effective from the 1st day of the next full months purchase. In all cases we require a full 90 days notice for all services including Broadband connections. There is also a £90.00 Administration fee for all disconnections of the hosting service and for each Broadband connection we supply which must be paid in advance. We will issue all information for transfer subsequent to cleared funds in to our account only if you are the registered owner of the domain. In the case of domains which we own or our associates and/or partners own the domain will cease to be available to you.

15.Disputes

We hope that we have anticipated any difficulties or questions that you may have. However if at any time you have a grievance please speak to us as soon as possible. We cannot deal with a problem if we do not know about it.

16.Governing Law

These terms and conditions by English Law and we both agree to submit to the exclusive jurisdiction of the English courts. We both agree that a Court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair pursuant to some statutory provision and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

17.Amendment to service without notification

You fully agree and accept that Long Range Systems UK Ltd reserve the right to alter the subscription fee that you are currently paying or introduce a subscription fee if you are not currently paying one at any time without notice to you.

18. Cessation of Service

We reserve the right to discontinue our services completely or in part at any time without giving you a reason. We accept no liability of any kind whatsoever regarding the consequences of cessation of any or all services by us to you. Your use of our services and hosting confirm your acceptance of these terms and conditions. Use of the service for more than one hour determines that you agree to all of these terms and conditions and they are irrevocable by you. If you do not agree then you must terminate your services with us on the first day of service, giving all notices and payments in accordance with these terms and conditions. If for any reason the service suffers due to technical reasons you agree that Long Range Systems UK Ltd is not liable for compensation to you or your company of any kind including but not limited to loss of business, loss of internet sites, loss of ADSL or other connectivity or any other loss of any kind.

19. VAT

VAT is chargeable on all prices quoted.

NETWORK SYSTEMS and mscable.com and mscloudnet.com are trading names of Long Range Systems UK Ltd

June 12th 2007 and further updated on October 1st 2011

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