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"Agreement" means these terms and conditions and
any terms and conditions available on TapWEB's Web Site, including,
but not limited to, TapWEB's Acceptable Usage Policy;
"Customer" means the person registered to use the
Service pursuant to this Agreement;
"TapWEB" means TapWEB having a
business address at (Put Address here) and having its registered office at (Put Street Address here)
"TapWEB's Acceptable Usage Policy" means TapWEB's
acceptable usage policy available on TapWEB's Web Site, as
the said policy may be amended from time to time by TapWEB;
"TapWEB's Helpdesk" means the helpdesk facility
provided by TapWEB to handle technical queries concerning
the operation and administration of the Service;
"TapWEB's Web Site" means the web site developed
and maintained by TapWEB and designated by the Internet address:
http://www.tapweb.com;
"Service" means the TapWEB internet services known
as "gofree" and "golive";
"Software" means any software provided by TapWEB
to enable the Customer to access or use the Service; and
"Web Space" means the physical computer disk space
which is connected to the Internet and where the Customer
can store its personal web page for display on the Internet.
2. Service Provided
2.1 TapWEB will provide the Customer with the Service subject
to the terms and conditions of this Agreement.
2.2 The Customer is responsible for obtaining, installing
and maintaining suitable equipment, communication lines and
services necessary to access and use the Service and, for
the avoidance of doubt, discharging the cost thereof, including,
but not limited to, all costs arising from the selection and
use by the Customer of an appropriate point of presence ("POP")
for the Service for which the Customer is registered.
2.3 During the initial registration process for the Service,
TapWEB shall send a file to the Customer's computer to configure
the Customer's computer with the correct settings for the
Service. The Customer acknowledges and agrees that the said
file will change the Customer's default Internet settings
to those of TapWEB.
2.4 TapWEB shall provide the Customer, in respect of each
Service account, with:
2.4.1 one (and only one) e-mail address for "tapweb"
i.e. user@TapWEB.com and
2.4.2 for customers one (and only one) allocation of 5mb
Megabytes of Web Space with the Universal Resource Language
http://www.TapWEB.com/USERNAME and which shall only support
TapWEB's default scripts ("the Web Space Allocation")..
"Service" means the TapWEB internet services;
"Software" means any software provided by TapWEB
to enable the Customer to access or use the Service; and
"Web Space" means the physical computer disk space
which is connected to the Internet and where the Customer
can store its personal web page for display on the Internet.
2.5 The Customer is responsible for ensuring that it does
not exceed the Web Space Allocation. Where the Web Space Allocation
is exceeded, TapWEB may, at its absolute discretion and with
or without notice to the Customer, delete any file from the
Customer's Web Space Allocation.
2.6 TapWEB shall have no liability to the Customer whether
in contract, tort or otherwise (including any liability for
negligence) arising from the selection and use of an inappropriate
POP pursuant to Clause 2.2 or the overwriting of any existing
setting pursuant to Clause 2.3 or the deletion of any file
from the Customer's Web Space Allocation pursuant to Clause
2.5. In no circumstances shall TapWEB be liable to the Customer
in respect of any such selection and use, overwriting or deletion
for loss of profits, goodwill or any type of special, indirect
or consequential loss (including loss or damage suffered by
the Customer as a result of an action by a third party even
if such loss was reasonably foreseeable or TapWEB had been
advised of the possibility of the Customer incurring the same).
2.7 TapWEB may:
2.7.1 supplement or make changes to its rules of operation,
access procedures, security procedures and standards for Customer
equipment;
2.7.2 change the type and location of the system equipment,
facilities and software used by TapWEB in providing the Service;
and
2.7.3 modify, withdraw or restrict the availability of the
Service.
2.8 The Customer shall be responsible for discharging the
cost of technical support provided by or on behalf of TapWEB,
including the cost of any call to TapWEB's Helpdesk, at such
rate as may be specified from to time by TapWEB.
2.9 The Customer shall immediately inform TapWEB of any changes
to the information the Customer supplied when registering
for the Service.
3. Use of the Service
3.1 The Customer shall be deemed to have accepted this Agreement
by using the Service.
3.2 The Customer must log into each of its accounts for the
Service at least once every month. Where the Customer does
not do so, TapWEB shall suspend the Service in respect of
any account for the Service into which the Customer has not
logged.
3.3 The Customer shall use the Service in accordance with
this Agreement, the precepts of public morality and all applicable
law, including data privacy laws, communications regulations
and tariffs.
3.4 The Service is provided solely for the Customer's own
use and the Customer shall not resell or attempt to resell
the Service (or any part or facility of the Service) to any
third party.
3.5 The Customer is solely responsible for evaluating any
goods (including software) or services offered by third parties
via the Service. TapWEB shall not be a party to or be in any
way responsible for any transactions between the Customer
and third parties.
3.6 Without prejudice to the generality of Clauses 3.3, 3.4
and 3.5, the Customer agrees that it shall:
3.6.1 observe and comply fully with the laws of copyright
and intellectual property rights in respect of the information
provided through the Service and the Customer may not use,
copy or deal with such information other than for the Service
without the due and proper authorisation of the copyright
owner;
3.6.2 not use the Service to export or re-export any abusive,
defamatory, immoral, indecent, menacing, obscene, offensive,
pornographic, or racist material or any material in violation
of any applicable export control laws and regulations;
3.6.3 not use the Service to send, receive, upload, download,
use or re-use information in breach of confidence, privacy
or any other rights;
3.6.4 dutifully reproduce any copyright symbol and clause
in whole as may appear on screen or printer at the head of
the relevant data base or the head or foot of any information
being processed;
3.6.5 be prohibited from selling, reselling or otherwise
dealing in an unauthorised manner with information in any
manner on any media;
3.6.6 be prohibited from processing automated personal data
as defined in the Data Protection Act, 1988;
3.6.7 ensure that all software and hardware equipment or
facilities required in order to provide a connection to the
Services is made available and in good and compatible working
order; and
3.6.8 not use the Service other than in accordance with the
acceptable usage policies of any connected networks.
3.7 Where the Customer or any other person, with or without
the Customer's knowledge or approval, uses the server capacity
or the Software made available to it in any way which, in
TapWEB's opinion, is, or is likely to be, detrimental to the
provision of the Service to the Customer or any other customer
and fails to take corrective action within a reasonable period
of receiving notice from TapWEB, TapWEB may treat the contravention
as a breach of this Agreement which cannot be remedied for
the purposes of Clause 8.2.
3.8 The Customer agrees to indemnify and hold TapWEB, its
employees and agents harmless against any liability, cost
or damage suffered by them and arising directly or indirectly
from any breach by the Customer of Clauses 3.3, 3.4 and 3.6.
3.9 TapWEB reserves the right to terminate access or take
any other action which TapWEB reasonably believes to be necessary
to comply with the law and this Agreement.
4. Security
4.1 TapWEB will use its reasonable endeavours to prevent
unauthorised access to the Service by third parties, but shall
have no liability to the Customer for any unauthorised access
to the Customer's computer system. The Customer is responsible
for selecting and properly using any security procedures made
available by TapWEB as well as other procedures and measures
necessary to safeguard and back-up the Customer's files, data
and programs or any other form of information.
4.2 Where the Customer forgets or loses its password or user
name, the Customer must contact TapWEB and satisfy such security
checks as TapWEB may require before any user name or password
information will be furnished to the Customer by TapWEB.
4.3 TapWEB reserves the right, at its absolute discretion,
to:
4.3.1 suspend the Customer's user name and/or password and/or
access to the Service if at any time TapWEB considers that
there is or is likely to be a breach of security or this Agreement;
and
4.3.2 require the Customer to change any user name or password
used by the Customer in connection with the Service.
5. No Warranties
5.1 The Service is provided on an "as is" basis
and all conditions and warranties expressed or implied whether
by statute or common law or otherwise are hereby excluded
to the fullest extent permitted by law.
5.2 TapWEB does not warrant that the Service will meet the
Customer's requirements or that the operation of the Service
will be uninterrupted or error-free or that any defect in
the Service can or will be remedied. In particular, TapWEB
makes no warranties or representation to the extent that the
operation of the Service is dependent on third party service
providers and TapWEB shall have no liability in respect of
defects, interruptions or malfunctions in the Service which
are attributable to such third party service providers.
5.3 The Customer assumes the responsibility to take adequate
precautions against damage to its operation which could be
caused by defects, interruptions or malfunctions in the Service.
5.4 In respect of information provided by information providers
to which access has been gained by the Customer via the Service,
the Customer acknowledges that TapWEB does not warrant or
guarantee:
5.4.1 the accuracy, completeness, performance, quality, suitability
or usefulness of such information; or
5.4.2 that such information will be free of infection by
viruses, worms, Trojan horses or anything else manifesting
contaminating or destructive properties; or
5.4.3 that such information will not contain adult-oriented
material, or material which some individuals may deem objectionable.
5.5 The Customer assumes the risk of using information accessible
using the Service and shall isolate information, execute anti-contamination
software and otherwise take steps to ensure that information,
if contaminated or infected, will not damage the Customer's
information or system.
5.6 TapWEB has no responsibility for any information, software,
services or other materials obtained by the Customer using
the Service.
6. Limitation of Liability
6.1 THE CUSTOMER'S ATTENTION IS IN PARTICULAR DRAWN TO THE
PROVISIONS OF THIS CLAUSE 6.
6.2 No statement on equipment or on any document including
this Agreement shall in any way prejudice the statutory rights
which the Customer may enjoy while "dealing as a consumer"
within the meaning of the Sale of Goods and Supply of Services
Act, 1980 or which the Customer may otherwise enjoy under
the said Section 55 or Sections 40 and 46 of the 1980 Act
or while dealing as a "consumer" within the meaning
of Regulation 2 of the European Communities (Unfair Terms
in Consumer Contracts) Regulations 1995. Subject and without
prejudice to other aspects of mandatory public general law,
the requirements of the said European Communities (Unfair
Terms in Consumer Contracts) Regulations, 1995, shall only
be imported into this Agreement when, and to the extent that,
the Customer with whom TapWEB's dealing is a "consumer"
within the meaning of the said Regulation 2.
6.3 TapWEB shall have no obligation, duty or liability whatsoever
in contract, tort or otherwise (including any liability for
negligence) to the Customer.
6.4 In no circumstances shall TapWEB be liable to the Customer
for loss of profits, goodwill or any type of special, indirect
or consequential loss (including loss or damage suffered by
the Customer as a result of an action by a third party even
if such loss was reasonably foreseeable or TapWEB had been
advised of the possibility of the Customer incurring the same)
nor shall TapWEB be liable in respect of any fault which is
the responsibility of any third party service provider.
6.5 The Customer accepts that TapWEB has no control over
the content of information that is transmitted and made available
on the internet and that the security of the internet as a
communication medium, or as a medium for purchasing or payment
cannot be guaranteed.
6.7 TapWEB accepts no responsibility for minors using the
Service.
6.8 The Customer shall indemnify TapWEB against all claims
made against TapWEB, its employees and agents for loss, damage
or injury to any person or property occasioned by or arising
from the Customer's operation of the Service except and insofar
as TapWEB, its employees or agents are directly liable therefor.
7. Force Majeure
7.1 Neither party shall be liable to the other by reason
of any failure in performance of this Agreement if the failure
arises out of any cause beyond the reasonable control of that
party, including, but not limited to, the unavailability of
third party communication facilities or energy sources, any
act of God, any act or omission of governmental or other competent
authority, fires, strikes, riots or war.
8. Term and Termination
8.1 This Agreement shall remin in effect until terminated
in accordance with its terms. The provisions of Clause 3.8,
6, 9, 10, 11, 12, 13 and 14 and such others as would by their
nature and context imply survival shall survive any termination
of this Agreement.
8.2 Either party may terminate this Agreement upon 30 days'
prior notice to the other party.
8.3 Either party may terminate this Agreement forthwith by
notice to the other party if:
8.3.1 that other party commits a breach of any of the terms
of this Agreement and in the case of a breach capable of remedy,
fails to remedy the same within 14 days after receipt of a
notice requiring such breach to be remedied; or
8.3.2 that other party is repeatedly in breach of this Agreement;
8.3.3 an encumbrancer takes possession or a receiver is appointed
over any of the property or assets of that other party; or
8.3.4 the other party makes any voluntary arrangement with
its creditors or becomes subject to an administration order;
or
8.3.5 that other party goes into liquidation; or
8.3.6 that other party ceases or threatens to cease to carry
on business. 8.3 Any waiver by either party of a breach of
any provision of this Agreement shall not be considered as
a waiver of any subsequent breach of the same or any other
provision hereof.
9. Data Protection
9.1 Any information obtained by TapWEB through an application
for the Service, or through the use of the Service may be
accessed by TapWEB in accordance with the provisions of the
Data Protection Act, 1988, and (subject to the right of the
Customer to request otherwise in writing to TapWEB) may be
used by TapWEB to identify other products and services which
may be offered to the Customer by either TapWEB or relevant
third parties. Any information so obtained may be disclosed
by TapWEB to any person where this is necessary for the provision
of the Service or to any person who assumes the rights of
TapWEB under this Agreement and to any credit reference agency
or bureau.
9.2 The Customer acknowledges and agrees that where the Customer
connects to or uses the Service, "Calling Line Identification"
may be automatically presented to TapWEB for the duration
of the Customer's call.
10. Assignment
10.1 Neither party may assign or transfer any of their rights
or obligations under this Agreement, without the written consent
of the other party; provided, however, that TapWEB may assign
this Agreement, without consent, to a successor in interest
to substantially all of the business of TapWEB to which the
subject matter of this Agreement relates or to an eircom plc
group company.
11. Notices
11.1 TapWEB shall give any notice under this Agreement via
TapWEB's Web Site or any other means of communication that
TapWEB deems appropriate.
11.2 The Customer shall give notice to TapWEB at TapWEB's
business address or via the applicable link on TapWEB's Web
Site.
12. Changes to the Agreement
12.1 TapWEB may, from time to time, amend the Agreement.
Where the Agreement is amended, a copy of the revised Agreement
will be available on TapWEB's Web Site.
13. Severance
13.1 If any part or parts of this Agreement are held to be
invalid, the remaining parts of the Agreement will continue
to be valid and enforceable.
14. Law 14. This Agreement shall be governed by and construed
in all respects in accordance with the laws of the United States
and each Party hereby submits to the exclusive
jurisdiction of the U.S. Courts.
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