TERMS AND CONDITIONS

ACCEPTANCE OF TERMS                                                                                         Last Updated on 10 July 2006

All Users of services provided by Group-Web Holdings ("Group-Web"), or their service providers, by use of such services accept the terms of business set out in the Terms of Service Agreement ("TOS") which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services. Group-Web reserves the right to alter these Terms of Service without advance notice by posting revised TOS on this web-site.

These TOS apply to ALL Web-sites and Services designed, built, provided or Hosted by Group-Web: In addition, when using particular services provided by Group-Web, you shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING GROUP-WEB'S WEB SITES. YOUR USE OF OR ACCESS TO GROUP-WEB'S WEB SITES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.

Any questions about the meaning or application of these Terms of Service should be directed to the administrator at the address given above, or by using the 'contact us' form available on this site.

1.  DEFINITIONS

"Services" means, published web-site, web-site design, domain name registration, web site hosting, e-mail, public and private forums (Message Boards), and any other service or facility provided by us to you.

"Server" means the computer server equipment operated by us, or on our behalf, in connection with the provision of the Services.

"Web Site" means the area on our Server allocated by us to you for use by you as a site on the Internet.


2.  DESCRIPTION OF THE SERVICE

Group-Web provides web-site design, domain name registration, web-site hosting, e-mail, and provides users with access to a collection of online resources which may include online forums and message boards, clubs, communities, web-sites, assistance, listings, quizzes, polls, shopping services, searchable databases, specialized content and branded programming through its network of properties (the "service"). Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new Group-Web properties, shall be subject to the TOS.

In order to use the service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.


3.  DOMAIN NAME REGISTRATION

3.a  We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;

3.b  The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name;

3.c  We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute;

3.d  Domain name hosting and transfer request for DNS records must be in writing with the authorised signature of the domain owner. There is no charge for the transfer, however a charge may be made for administration. Domain name transfers will not be completed until all outstanding amounts have been paid by the customer in full, until this time domain names remain the property of the Company;


4.  WEB SITE HOSTING and E-MAIL

4.a. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Group-Web Server(s) and we shall have no liability for any loss or damage to any data stored on the Server(s);

4.b. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Group-Web Server(s);

4.c  You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;

4.d. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;

4.e  You will not post, link to or transmit (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; (b) any material containing a virus, trojan, worm or other hostile computer program; (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may exist under the laws of any jurisdiction;

4.f   You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information;

4.g  You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers;

4.h  You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;

4.i   In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years;

4.j   Any access to other networks connected to Group-Web, or their service providers, must comply with the rules appropriate for those other networks.

4.k  While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or miss routing of e-mail or for any other failure of e-mail;

4.l   Unlimited use policy. High bandwidth usage: Group-Web offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Group-Web may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Group-Web reserves the right to impose the High Resource User Policy for the consideration of all customers.

4.m  High resource user policy.  Resources are defined as bandwidth and/or processor utilization.
Group-Web may implement the following policy at its sole discretion:

When a website is found to be monopolising the resources available Group-Web reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers, and those of our service providers. We reserve the right to cancel your account at any time without notice.


5.  RESELLER TERMS AND CONDITIONS

5.a  If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these;

5.b  You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us;

5.c  No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.


6.  REGISTRATION OBLIGATIONS/SCREEN NAMES

6.a.   You are not obligated to register with Group-Web in order to access the Web sites subject to the TOS. However, Group-Web offers certain features and services for which registration is necessary. For example, to contribute to online message boards, clubs, eyewitness accounts and discussions, you are required to select a user name and to provide your email address to Group-Web. Depending on the Web site, you will either select your own password at the time of registration or will receive an email notification from us with a randomly generated initial password. Whenever you contribute to a public forum, your user name will automatically appear with your post and link to your profile. You may choose a name to use in connection with your messages in the interactive community. However, you may not use a user name (or email address) that attempts to impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property rights of any person; or that Group-Web deems to be offensive. In addition, you may submit your email address in order to receive periodic updates from Group-Web about new online services, scheduling information, and other matters. Additional contact information, including name, address, phone number and email address is requested for participation in online quizzes and contests, and for customer billing of chargeable services. All such submissions are governed by Group-Web's Privacy Policy.

6.b.   In consideration of your use of the service, you agree, where information is requested, to provide true, accurate, current and complete information about yourself and not to impersonate any other person. If you receive or select a password, you are responsible for maintaining its confidentiality, and are fully responsible for all activities that occur under your password or user name. You agree to (i) immediately notify Group-Web of any unauthorized use of your password or User Name or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Group-Web is not liable for any loss or damage arising from your failure to comply with this Section.


7.  GROUP-WEB PRIVACY POLICY

The TOS incorporate the terms of Group-Web's Privacy Policy. Please see our full privacy policy HERE.


8.  RULES OF CONDUCT

Group-Web expects the users of this service to respect the rights and dignity of others. Accordingly, use of the service is conditioned on the following Rules of Conduct:

8.a. You agree not to post or transmit through Group-Web services any threatening, harassing, degrading, hateful or intimidating material;

8.b. You agree not to post or transmit through Group-Web services any defamatory material;

8.c. You agree not to post or transmit through Group-Web services any material that is fraudulent or tortious;

8.d. You agree not to post or transmit through Group-Web services any obscene, indecent, or pornographic material;

8.e. You agree not to post or transmit through Group-Web services any material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate any local law or regulation;

8.f. You agree not to post or transmit through Group-Web services any material which encourages conduct that constitutes a criminal offense;

8.g. You agree not to upload, post, or otherwise make available on Group-Web sites any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from submitting or posting any further material on Group-Web's sites;

8.h. You agree not to impersonate any person or entity, including, but not limited to, any Group-Web employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;

8.i. You agree not to post or transmit through Group-Web services any material that would violate another person's privacy rights, including any message containing personal phone numbers or addresses (including your own);

8.j. You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally identifiable information about users of Group-Web's sites or services;

8.k. You agree not to upload, post or transmit through Group-Web's sites any virus, worm, Trojan Horse, or any other computer code, file, or program that may or is intended to damage the operation of any hardware, software, or telecommunications equipment;

8.l. You agree not to interfere with or disrupt the Group-Web service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;

8.m. You agree not to upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

8.n. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Group-Web's service, use of the service, or access to the service, unless specifically licenced and approved by Group-Web;

8.o. You agree not to post, link to, or transmit content that encourages or provides instructional information about illegal activities, in particular, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and the encrypting of any of the above.


9.  MONITORING AND DISCLOSURE OF CONTENT

9.a. You acknowledge that Group-Web does not pre-screen content posted by users, and that Group-Web shall not be responsible for policing, monitoring, or editing such content. Notwithstanding the foregoing, Group-Web shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by participants and in order to determine compliance with the TOS. In addition, Group-Web shall have the right and sole discretion to refuse to post or to remove any content, in whole or in part, that it believes to be in violation of the TOS, or which it finds to be otherwise objectionable for any reason.

9.b. You acknowledge and agree that Group-Web may preserve content and may also disclose content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Group-Web, its users and the public.


10.  LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES

10.a.  Group-Web is a distributor only, and not a publisher, of messages posted in its interactive communities. The opinions expressed in the public forums are not necessarily those of Group-Web. Group-Web is not responsible for any user-provided materials, which are deemed harmful or offensive to others. Group-Web is not responsible in any way for any injury, loss, or damage which occurs as a result of an opinion expressed or information provided in public forum sections of any Group-Web site. All statements, advice and opinions made by participants in the public forums of Group-Web's Web sites are those of such participants only, and Group-Web neither endorses nor shall be held responsible for the reliability or accuracy of same. In addition, any user of Group-Web's Web sites who chooses to make any personally identifiable information or other information publicly available does so at his or her own risk. Group-Web has no control over, and shall have no legal liability for, any damages resulting from the use or misuse of such information, including republication, by any third party of information voluntarily made public by a user of the Web sites.

10.b.  YOUR USE OF GROUP-WEB'S SERVERS, WEB SITES, THE CONTENT ON GROUP-WEB'S WEB SITES, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM GROUP-WEB ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY GROUP-WEB OR SUBMITTED TO GROUP-WEB, INCLUDING WITHOUT LIMITATION INFORMATION IN ANY INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF ANY GROUP-WEB SITES.

10.c.  GROUP-WEB DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GROUP-WEB WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS, CONTRACTS, PROFITS OR ANTICIPATED SAVINGS, USE, DATA OR OTHER INTANGIBLES, OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL OR ECONOMIC LOSS WHATSOEVER, EVEN IF GROUP-WEB HAD BEEN ADVISED OF SUCH DAMAGES OR LOSS. IN PARTICULAR, AND WITHOUT LIMITATION, GROUP-WEB WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE GROUP-WEB'S WEB SITES, THEIR SERVERS OR THOSE OF THEIR SUPPLIERS, FROM GOODS ACQUIRED THROUGH GROUP-WEB SITES, OR FROM ANY CONTENT POSTED ON GROUP-WEB ONLINE BY GROUP-WEB OR ANYONE ELSE, SUBJECT ALWAYS TO SUB CLAUSE 10.e.

10.d.  GROUP-WEB MAKES NO WARRANTY THAT (i) THE WEB SITES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEB SITES PROVIDED OR HOSTED BY  GROUP-WEB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE USED OR PROVIDED BY GROUP-WEB WILL BE CORRECTED.

10.e.  OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF ANY SERVICES SHALL BE LIMITED TO THE CHARGES PAID BY YOU IN RESPECT OF THE SERVICES WHICH ARE THE SUBJECT OF ANY SUCH CLAIM.

10.f.  IN ANY EVENT NO CLAIM SHALL BE BROUGHT UNLESS YOU HAVE NOTIFIED US OF THE CLAIM WITHIN ONE YEAR OF IT ARISING.


11. INDEMNITY

You shall indemnify Group-Web, its parents, subsidiaries and affiliated companies and their respective directors, officers, employees and agents and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

12.  LINKS

Group-Web's Web sites may provide links to other World Wide Web sites or resources. Because Group-Web has no control over such sites and resources, you acknowledge and agree that Group-Web is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Group-Web shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.


13.  DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Group-Web shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


14.  GROUP-WEB'S PROPRIETARY RIGHTS

14.a.   Subject to the Group-Web Privacy Policy, by inputting data, posting stories, ideas, drawings, opinions, messages, eyewitness accounts or any other materials, or engaging in any other form of communication (a "Submission") through any of Group-Web's sites, you are granting Group-Web and its affiliated companies a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, distribute, publicly perform or display any such Submission, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Submission. The foregoing grants shall include the right to exploit any proprietary rights in such Submission, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. You release Group-Web from any and all claims or liability (now known or hereafter arising) in connection with any Submission made by you, and agree to indemnify Group-Web in connection therewith. You agree and acknowledge that participation in any Group-Web site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and Group-Web (other than the relationship between Group-Web and you entered into by virtue of your agreement to these Terms of Service).

14.b.   You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Group-Web Holdings, or their Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, rent, lease, loan, sell, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software, or create derivative works based on the content made available through the service, in whole or in part. Derivative works include, but are not limited to, translations of these sites into any other language, and the use of text or images from these sites in any other publication.

14.c.   You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

14.d.The Group-Web Holdings logo, the City of Winchester Logo, and variations thereof are trademarks of Group-Web Holdings and may not be used on any sites not built and/or hosted by Group-Web Holdings.
 

15.  COPYRIGHT ISSUES

Under Section 17 of the Copyright, Designs and Patents Act 1988, all text, photographs and other content on this website are © Copyright G. R. Howard trading as Group-Web Holdings, PO Box 33, Winchester, U.K. SO23 0YX, or Copyright of the respective owner(s) of site(s) hosted on the Group-Web Servers. You may download one copy of the content of these sites to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute or display any content from Group-Web's Web sites including, without restriction, all sites designed, built or hosted by Group-Web.

If you have a claim of copyright infringement with respect to material that is posted on any of Group-Web's Web sites, please follow the procedures below:

15.a.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

   1.   Written notification must be submitted to the following Designated Agent to Receive Notification of Claimed Infringement:

Name: Graham Richard Howard

Address: PO Box 33, Winchester, U.K. SO23 0YX

Telephone Number: +44 (0)1962 624734

Fax Number: +44 (0)1962 624734

Email Address: grhoward@group-web.com

   2.   To be effective, the notification must include the following:

         a.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

         b.   Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Web site are covered by a single notification, a representative list of works at that site;

         c.   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

         d.   Information reasonably sufficient to permit Group-Web to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

         e.   A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

         f.   A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   3.   Upon receipt of the written notification containing the information as outlined in paragraphs a) through f) above:

         • Group-Web shall remove or disable access to the material that is alleged to be infringing and shall forward the written notification to such alleged infringer;

         • Group-Web shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

15.b.  COUNTER NOTIFICATION.

   1.   A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Group-Web's Designated Agent.

   2.   To be effective, a counter notification must be a written communication that includes substantially the following:

         a.   A physical or electronic signature of the person submitting the counter notification;

         b.   Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

         c.   A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

         d.   The person's name, address, and telephone number, and a statement that he or she consents to the jurisdiction of English Law, and that the person will accept service of process from the complaining party or an agent of such person.

   3.   Upon receipt of a counter notification containing the information as outlined in paragraphs a) through d) above:

         • Group-Web shall promptly provide the complaining party with a copy of the Counter Notification;

         • Group-Web shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;

         • Group-Web shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Group-Web's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity on Group-Web's Web sites.


16.  SERVICE AVAILABILITY

16.a  Group-Web shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server;

16.b  Group-Web reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Group-Web shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16.c  The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.


17.  PAYMENT

17.a  All cheque payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £30. Online payments may be required in US Dollars on some sites. Where this option is available, fees will be clearly quoted in BOTH currencies, assuming an arbitrary rate of exchange, as determined by Group-Web. The Dollar amounts quoted may vary from time to time, to reflect current market conditions.

17.b  All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us (on our web site) and shall be due and payable in advance of our service provision.

17.c  Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.


18.  TERMINATION

Without in any way limiting our rights under sub clause 16.c.

18.a.  If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you

18.b.  If you break any of these terms and conditions you agree that termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Group-Web may immediately deactivate or delete your password and User Name and all related information and files associated with it and/or bar any further access to such files or the service. Further, you agree that Group-Web shall not be liable to you or any third party for any termination of your access to the service.

18.c.  If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you;

18.d  On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.


19.  INTERNATIONAL USE

By choosing to access Group-Web's Web sites from any location other than the United Kingdom, you accept full responsibility for compliance with all local laws.


20.  GOVERNING LAW

These Terms of Service shall be governed by and interpreted in accordance with English Law and you hereby submit to the non-exclusive jurisdiction of the English courts.


21.  SEVERABILITY

If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Service will remain binding upon the parties.


22.  HEADINGS

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.


23.  ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. We reserve the right to amend and update these terms and conditions at any time and without notice.


24.  NOTICES

Any notice to be given by either party to the other may be sent by either e-mail, fax or recorded delivery to the current postal address of the other party, and if sent by e-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.

Copyright 2000, Group-Web Holdings. All rights reserved