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Terms and Conditions
Terms and Conditions of the NewtelSurf Service All users must read and accept the following NewtelSurf terms and conditions of service before opening, accessing or continuing to access a NewtelSurf account. These terms contain important legal obligations, limitations and indemnities. Eligibility This NewtelSurf service is provided by Newtel Solutions to individuals who are at least 18 years old or to minors who have parental consent to open, access and continue to access a NewtelSurf account. NewtelSurf is provided to individuals only and for personal and commercial use only. Any resale of the NewtelSurf service is expressly prohibited. Description of Service NewtelSurf provides users with a free personal eMail box from which they may send and receive messages and attachments via the Internet. Newtel Solutions will endeavour to give you notice of planned downtime or outages for the maintenance or improvement of the NewtelSurf service but cannot guarantee to do so. Newtel Solutions reserves the right to alter or suspend the NewtelSurf service, without notice, at any time. You may opt to receive advanced eMail and associated services from Newtel Solutions from time to time. Charges notified to you may be payable by you for advanced services. User Account, Password and security NewtelSurf require you to enter various confidential account and password information to gain access to your mailbox. You are entirely responsible for maintaining the confidentiality of your account and password. Furthermore you are entirely responsible for any and all messages, attachments and activities that are undertaken through your account. You shall notify Newtel Solutions immediately of any unauthorised use of your account or any other breach of security. Newtel Solutions will not be liable for any loss that you may incur as a result of someone else using your account and password, either with or without your knowledge. However you could be held liable for losses incurred by Newtel Solutions, its associates or any other person due to someone else using your account and password. You shall not use any other persons account at any time. You may change your confidential password whenever you wish to by using the appropriate facility within the system. Virus Disclaimers and Indeminity Newtel Solutions accepts no liability whatsoever for users or recipients costs, claims, damages or expenses in respect of any virus infection or dissemination however arising in connection with the NewtelSurf Service. You agree to indemnify and hold Newtel Solutions and its associates free from any liability either from direct, indirect, incidental, special, consequential, or exemplary damages, including (without limitation) compensatory damages, loss of data, loss of goodwill, loss of use, income or profit loss, or other intangible losses (even if Newtel Solutions has been advised of the possibility of such damages) and all other costs, claims and expenses in respect of any virus infection or dissemination however arising in connection with your use of the NewtelSurf service. Disclaimer You understand and agree that the NewtelSurf service is provided by Newtel Solutions on an AS IS and that Newtel Solutions assumes no liability for the security, encryption, disclosure, timeliness, deletion, delayed, missed or failed delivery of or failure to store your or any other persons messages, attachments or personalised settings. Future Functionality Newtel Solutions may in the future introduce advanced encryption and digital signature facilities to users for a set charge. If this option is taken up users will be required to go through an authentication process, yet to be defined. Use of Service You are solely responsible for your messages and attachments sent or received through NewtelSurf. You agree that you will not use the NewtelSurf service for any purpose that is unlawful or prohibited by these Terms and that you will comply with all local, state, national and international laws and regulations arising in connection with NewtelSurf. You shall not use NewtelSurf in any way that may damage, interfere or overburden the NewtelSurf service, any other connected networks or interfere with any other lawful use of NewtelSurf by other persons. You shall not attempt to gain unauthorised access to any other NewtelSurf accounts of other persons by any means. You agree that when using NewtelSurf, you shall not: (i) send unsolicited messages or attachments, SPAM, chain letters, surveys, contests (commercial or otherwise); (ii) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or other legal rights of other persons; (iii) distribute, post or disseminate any inappropriate, profane, indecent, obscene, vulgar, defamatory, libellous, tortious, infringing, hateful, unlawful or racially, ethnically or otherwise objectionable topic, messages or attachments; (iv) send messages or attachments that contain viruses, Trojan horses, worms, time bombs or any other software that may damage, disrupt or interfere with the operation of other persons computer or the software, data or property of another; (v) interfere with or restrict any other persons access to NewtelSurf; (vi) violate any code of conduct or other guidelines of other communication services; (vii) violate any applicable laws or regulations of any applicable jurisdiction; or (viii) create any false identities for the purpose of misleading other persons or impersonate any other person otherwise misrepresent your affiliation with any other person. Disclosures Newtel Solutions reserves the right to disclose any messages, attachments, or information held by it in order to, in its reasonable opinion, satisfy any applicable law, regulation, legal process or governmental request in any jurisdiction or to protect and defend the rights and property of Newtel Solutions or its associates, or other users of the NewtelSurf service. Newtel Solutions retains details of users passwords in order to provide help and administration of accounts. Newtel Solutions may be required to provide copies of data on receipt of a Court order obtained in Jersey, Guernsey, Isle of Man or any other jurisdiction. Message Storage, Message Sending and Message Limitations The amount of storage space available for each user is normally limited to 5MB. Some of your messages and attachments may not be processed due to space constraints or outbound message limitations. You agree that Newtel Solutions is not responsible for or liable for the deletion of or failure to process or store messages or attachments. You may purchase additional storage space from Newtel Solutions. Newtel Solutions reserves the right at its absolute discretion to restrict the volume of messages and attachments sent or received by you. Terminiation of your Account Newtel Solutions reserves the right, at its sole discretion, to terminate your NewtelSurf account and access to NewtelSurf at any time, without notice. Your NewtelSurf account and access may be terminated immediately, without notification, if Newtel Solutions, at its sole discretion, believes you to be transmitting or otherwise connected with the communication of unsolicited bulk eMail. In addition to termination, in such circumstances, you agree to pay to Newtel Solutions upon demand liquidated damages of 10 (Sterling) for each item of SPAM or unsolicited bulk eMail transmitted from or otherwise associated with your NewtelSurf account. Your NewtelSurf account and access may be terminated immediately (without prejudice to Newtel Solutionss other rights in respect of any breach), without notification, if Newtel Solutions, at its sole discretion, believes you to be in breach of these Terms. Your NewtelSurf account and access may be terminated immediately, without notification, if your NewtelSurf account remains or becomes dormant for a period exceeding 60 days. Upon termination, Newtel Solutions shall have no further obligations to you including (without limitation to the generality of the foregoing) to maintain any content or to forward any unread or unsent messages or attachments to you or any other person. Governing Law These Terms are governed by and shall be construed in accordance with the law of Jersey and the Jersey Courts shall have exclusive jurisdiction in respect of any dispute or claim arising in relation to these Terms. Your contract with Newtel Solutions to provide the NewtelSurf service to you shall be formed under these Terms in Jersey upon Newtel Solutions notifying its acceptance of your confidential account and password as initially required by Newtel Solutions from you to open your NewtelSurf account. Disclaimer of Warranties You expressly understand and agree that: To the fullest extent permitted at law, Newtel Solutions is providing the NewtelSurf service and your use of the NewtelSurf service is on an AS IS basis. Newtel Solutions makes no and explicitly disclaims all representations or warranties of any kind including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the NewtelSurf service. Without limitation to the generality of the foregoing, Newtel Solutions makes no warranty that: (i) the NewtelSurf service will meet your requirements; (ii) the NewtelSurf service will be uninterrupted, timely, secure or error free; or (iii) any errors in the software providing the NewtelSurf service will be corrected. The downloading or viewing of any or attachments is done at your own discretion and risk and you are solely responsible for any damage to your or any other persons computer or loss of data that results from such downloading. No advice or information, whether oral or written, obtained by you from Newtel Solutions or from the NewtelSurf service shall create any warranty unless otherwise expressly stated in these Terms. Limitation of Liability You expressly understand and agree that, except as specifically stated in these Terms, to the fullest extent permitted by law, neither Newtel Solutions nor any of its associates will be liable for damage arising out of, or in connection with, your use of the NewtelSurf service. This is a comprehensive limitation of liability that applies to any direct or indirect, incidental, special, consequential, or exemplary damages, including (without limitation) compensatory damages, loss of data, loss of goodwill, loss of use, income or profit loss or other intangible losses (even if Newtel Solutions has been advised of the possibility of such damages) and all other costs, claims and expenses resulting from: (i) the use or the inability to use the NewtelSurf service; (ii) the cost of procurement of substitute goods and services resulting from any message or attachment received or sent purportedly through the NewtelSurf service; (iii) unauthorised access to or alterations or loss or delay of your messages or attachments; or (iv) damage to property and claims of third parties; or (v) any other matter relating to the NewtelSurf service. Indemnity You agree to indemnify and hold Newtel Solutions and its associates, affiliates, directors, employees, co-branders, subsidiaries, subcontractors, agents, and other representatives harmless from any cost, claim, damages, demands and expenses, including (without limitation to the generality of the foregoing) any legal fees sought by any third party due to or however arising out of your messages and attachments that you communicate or make available through the NewtelSurf service, your use of the NewtelSurf service, your connection to the NewtelSurf service, your violation of these Terms or your violation of any rights of any other persons. Copyrights and Trademarks The contents of the NewtelSurf service are Copyright 1997 - 2001 of Newtel Solutions and/or its associates and trading partners. Newtel Solutions and NewtelSurf are the trademarks of Newtel Solutions. All other intellectual property rights however arising in or to the NewtelSurf service are (as between Newtel Solutions and you) owned by Newtel Solutions. You are authorised under any such intellectual property rights solely for the purpose of accessing and utilising your NewtelSurf account in accordance with these Terms upon a non-exclusive, non-transferable, revocable basis. Any authorisations or rights not expressly granted to you by these Terms are reserved to Newtel Solutions. Amendment of Terms Newtel Solutions provides the NewtelSurf service subject to these Terms they may be updated from time to time by Newtel Solutions without notice to you. You will be deemed to accept the updated Terms by continuing to access the NewtelSurf service after any and all such updates. You can review the most current version of these Terms at www.NewtelSurf.co.uk Data Protection Newtel Solutions is registered for data protection purposes under the Data Protection (Jersey) Law 1987 and complies with the applicable data protection principles. Your personal data will be used and/or disclosed by Newtel Solutions and its associates for the purposes of providing and improving the NewtelSurf service and also more generally in accordance with these Terms. Newtel Solutions and its associates wish to use your personal data for direct marketing purposes, particularly to identify and offer to you goods and/or services provided by Newtel Solutions or its associates from time to time. You are asked to consent to such use by selecting the appropriate opt in box set out in the registration pages Use of Cookies Please note we use cookies for administrative and security purposes. A cookie is a small piece of data that is sent to your browser from a web server and stored on your computers hard drive. The use of cookies is an industry standard and many major web sites use them to provide useful features for their customers. They enable you to personalise your settings for messages and attachments. Our cookies do not personally identify you, although they do identify your computer. The cookie and stored information will be deleted automatically shortly after you exit or quit your browser. Most browsers are initially set to accept cookies. If you prefer, you can set yours to refuse cookies. However, you may not be able to take full advantage of the NewtelSurf service and web site if you do so. Notices All Notices to be given to Newtel Solutions or to you under these Terms shall be by eMail and shall be deemed to have been received upon transmission from the relevant NewtelSurf account. Invalidility and Serverability If any provision of these Terms is determined to be invalid or unenforceable for any reason, then the remaining provisions shall remain unaffected and in full force and effect. You and Newtel Solutions agree to attempt to substitute for any invalid or unenforceable provision, a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid and unenforceable provision. Assignment and Subcontracting Newtel Solutions reserves the right at its sole discretion to assign, transfer and/or sub-contract or otherwise part with its rights and obligations under these Terms or any part thereof to any other entity. These Terms and your NewtelSurf account are personal to you and may not be assigned by you.
