CondorIS Terms and Conditions for ISP  & Hosting Services
Version 3.4
Last Updated 30th June 2003

These are Condor Information Services Limited terms & conditions of business, they are important and you should read them carefully. They explain the basis on which we offer & you use our Services. You are bound by these terms & conditions on completion of your order form or electronic registration. Our Acceptable Use Policies ("AUPs"), which are set out at http://www.condoris.net/support/aup.htm, are to be read in conjunction with these Terms & Conditions. The AUPs are guidelines & rules for the use of our services & are designed to protect both you & other users. 1. Definitions 1.1 The "Customer" means the user (personal or corporate user account(s)), "CondorIS" means Condor Information Systems Limited, "Services" means all services provided by CondorIS including but not limited to Internet access, electronic mail, web space and newsgroups. 2. Supply 2.1 CondorIS agrees to provide the services to the Customer to the extent described in the the Schedule, which shall be deemed and incorporated into these terms and conditions. 2.2 CondorIS reserves the right to alter or withdraw any service at any time, on giving current Customers prior warning. 2.3 To use the CondorIS local dial-in, users need to reside within the United Kingdom. 3. Exclusion of Warranties 3.1 Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into these terms and conditions by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will CondorIS be liable for economic, indirect or consequential loss. 3.2 CondorIS's Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to CondorIS or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality, or any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions. 3.3 In any event the liability of CondorIS to the Customer in respect of an event or series of connected events arising out of or in connection with these terms and conditions whether in contract, tort (including negligence) or otherwise shall be limited to all sums payable in respect of the Services described in the Schedule. 3.4 Each provision of this Clause 3 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstance they shall remain in force notwithstanding the termination or expiry of these terms and conditions. 4. Price and Payment 4.1 The charges payable by the Customer for the provision of the Services are set out here . If for any reason CondorIS is unable to collect payment from the customer as it becomes due under these terms and conditions or in the event of default on payment by the customer this will constitute a material breach of these terms and conditions by the customer. CondorIS shall have the right to require the Customer to pay all sums due under these terms and conditions on demand. 4.2 Accounts in default may be charged interest on the outstanding balance at a daily rate of 3% above HSBC plc's base lending rate. All payments due under these terms and conditions shall be made by the Customer in full without any right of set-off by the Customer. 4.3 All sums due to CondorIS under these terms and conditions are quoted exclusive of Value Added Tax and any other applicable taxes which may from time to time be charged thereon in accordance with the relevant regulations in force at the time of making the taxable supply and shall be paid by the Customer. 4.4 CondorIS reserves the right to terminate the services to the Customer forthwith in the event of any default of payment. 4.5 All subscription charges are due in advance. 4.6 Excessive bandwidth usage (in excess of 10gb / month), and or excessive use of disk space (in excess of 250 Mb) may result in an additional charge. 5. Termination 5.1 The initial term shall commence when the Customer opens an account or starts using CondorIS's Services. This agreement will continue automatically on a monthly, quarterly or yearly basis, depending on the service subscribed to, unless terminated according to the terms below. 5.2 CondorIS (without prejudice to its other rights) may terminate this Agreement immediately if: a) the Customer breaches any clause under these Terms and Conditions. b) CondorIS is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, to cease to provide any service provided to the Customer. c) the customer breaches CondorIS's Acceptable Use Policy, or d) the provision of any service to the Customer would give rise to or cause disruption to the services offered by CondorIS to its customers. 5.3 Without prejudice to its rights of termination at any time under Clause 5.2, CondorIS shall have the right to suspend the provision of any Services without notice if CondorIS has the right to terminate this Agreement. 5.4 CondorIS shall be able to terminate this agreement for any reason on giving the Customer a minimum of 1 month's notice at any time. 5.5 The Customer may terminate this agreement having given written notice by e-mail, letter, or fax. If terminating the agreement by telephone the Customer must ask for a cancellation reference number. 5.6 In the event of termination, whether initiated by the Customer or CondorIS no refunds will be given on subscription charges, whether monthly, quarterly or annual. 5.7 In the event of termination the Customer shall immediately cease to make use of CondorIS's Services. 5.8 Any Linux account, including any related websites, that cause degradation in the service offered by CondorIS can be suspended or cancelled. This includes, but is not limited to, excessive bandwidth usage (in excess of 10gb / month), and or excessive use of disk space (in excess of 250 Mb). 5.9 CondorIS operates unlimited Windows 2000, Windows 2003 & Linux hosting accounts, meaning that there is no limit to the amount of webspace, bandwidth, or processor time that can be utilised on an account, so long as the account does not monopolise these resources. CondorIS reserve the right to to suspend or cancel monopolising accounts. 5.10 CondorIS accepts no responsibility for any loss or damage to Customer PCs or data due to infection from any type or form of virus, even if the email virus scanning service is being used. 6. Improper Use 6.1 A breach of our Acceptable Use Policy ( http://www.condoris.net/support/aup.htm ) will constitute a material breach of these terms and conditions and shall entitle CondorIS to terminate the agreement pursuant to Clause 5.2. 6.2 The Customer shall not (or authorise or permit any other party to) use CondorIS's Services for the transmission of any material which is in violation of any law or regulation or which is defamatory, menacing, obscene, in breach of third party intellectual property rights (including copyright) or in breach of trade secrets. Any breach of this Clause will be deemed to be a material breach of this agreement and shall entitle CondorIS to terminate the agreement pursuant to Clause 5.2 and for this purpose it shall be irrelevant whether the Customer is aware of the content or illegality of any material so transmitted or not. 6.3 Not withstanding and in addition to Clause 5.2 CondorIS may suspend the Service without notice with immediate effect if in CondorIS's reasonable opinion the Customer is in breach of these Terms and Conditions or acted inconsistently with the spirit of these terms and conditions. 6.4 The Customer acknowledges that CondorIS is unable to exercise control over the content of the information passing over the CondorIS connection and/or the CondorIS network and/or the Services, and CondorIS hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature. 6.5 The Customer hereby agrees to indemnify and holds CondorIS harmless from any claim brought by a third party resulting from the use of the CondorIS connection and/or the CondorIS network, Services including but not limited to infringement of any intellectual property right of any kind, legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against CondorIS arising from such claims, and shall provide CondorIS with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense. Such actions will be taken in consultation with the Customer. 7. Suspension of Services 7.1 CondorIS may without terminating this agreement suspend provision of any Services in whole or in part until further notice with immediate effect if: a) CondorIS has reason to terminate this agreement in accordance with Clause 5; b) CondorIS is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, or c) CondorIS needs to carry out work relating to upgrading or maintenance of the CondorIS network but providing that CondorIS has given the Customer a reasonable period of notice practicable in the circumstances. 7.2 If CondorIS exercises its right of suspension in respect of an event referred to in Clause 7.1, this will not exclude its right to terminate this agreement later in respect of that or any other event, nor will it prevent CondorIS from claiming damages from the Customer resulting from such event if the Customer is in breach of these terms and conditions. 8. Data Protection 8.1 CondorIS reserves the right to put the names and other information from the registration form relating to the Customers into a computerised directory for internal use, unless specific written instructions are received from the Customer. 8.2 CondorIS reserves the right to provide information concerning your account and activities whilst using CondorIS's services if we are requested to do so by the police or a regulatory or government authority in investigating illegal activities. 9. Security 9.1 The customer is responsible for maintaining the confidentiality of the username and password and is fully responsible for all activities which occur under them. Other users of the Customer's username and password shall be bound by these terms and conditions as if they were the Customer. The customer agrees to immediately notify CondorIS of any unauthorised use of his/her username or password or any other breach of security of which the Customer becomes aware. 10. General 10.1 Other than in respect of the Customer's obligation to make payments neither party shall be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to acts of God, flood, lightning or fire, industrial action, act or omission of Government or other competent authority, riot, war or act or omission of another party for whom that party is not responsible. 10.2 CondorIS shall have the right by notice to the Customer to modify these terms and conditions at any time. 10.3 These terms and conditions are governed by and shall be construed in accordance with the laws of England and the Customer hereby submits to the exclusive jurisdiction of the English Courts. 10.4 These terms and conditions represents the entire agreement between the parties. 10.5 The Customer shall not assign or purport to assign or otherwise deal with any of its rights and obligations hereunder, except if expressly agreed in writing with CondorIS. 10.6 CondorIS shall have the right to assign, sub-contract or otherwise deal with all or any of its rights and obligations under these terms and conditions to any third party. 10.7 The Customer, by creating an account with CondorIS, hereby acknowledges that he/she has read and accepted the terms hereof. 10.8 Any notice given by CondorIS to the customer under these terms and conditions will be given either by email or by a message on the CondorIS website. 10.9 The Customer is responsible for making sure that he is dialling the right number for the service used. 10.10 The account holder, is responsible for any access made to the Internet via their account. It is their responsibility to manage, and or block any information accessed via the account, by any means. 10.11 The Customer is responsible for all call charges relating to the service and its use. 10.12 A maximum size of 2 megabytes applies to any individual Email. Emails in excess of this may cause service interuption. 10.13 The Customer is responsible for retaining backups of any files they place within their web space. CondorIS accept no resonsibility for any loss of data, information in any form or other matters whatsoever that result from the use of this service. 11 Force Majeure 11.1 The Company shall not be liable to the Customer for any failure of performance thereunder which is due to an Act of God, accident, fire, lockout, strike or other official labour dispute, nor a civil commotion, failure of technical facilities not within reasonable control of that party, enactment, rule or order or act of Government or other act or event beyond the reasonable control of the Company. Should any event of Force Majeure continue for more than 90 days then either party shall be entitled to terminate this agreement forthwith. 12 Indemnity 12.1 The Customer hereby agrees to indemnify and hold CondorIS, its agents, contractors, licensers, employees and information providers providing services harmless from any loss suffered by CondorIS as a result of a breach of the terms and conditions of this agreement by the Customer and from any claim brought by third parties alleging that use of the Service by the Customer or under his/her account has infringed any intellectual property or other right of any kind, or any applicable UK or international legislation or regulation. The Customer shall pay all costs, damages, awards, fees (including legal fees) and judgements awarded against CondorIS arising from such claims, and shall provide CondorIS with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense. 13 Domain Name Hosting 13.1 Free Home User Domain Name hosting is offered on Domain Names bought via the UName product. Domain Names not supplied via UName will incur a set-up fee. 13.2 Education Accounts and Corporate Accounts include Domain Name Hosting. 13.3 Domain Names bought via UName can be transferred to other Internet Service Providers, without charge. 13.4 All Domain Names registered through CondorIS and UName will be registered in the name of the client, and the client will be the legal registrant and owner. 14 Email Hosting 14.1 Email mailboxes are limited to a maximum of 500 messages or a total of 20mb of messages. Once either of these limits is reached, emails may not be delivered to the mailbox. The customer is responsible for ensuring the mailbox does not exceed these limits.