1. Club Membership, known in this document as "the service"
The service gives you access to the Wififeed mesh cloud.
2. Our commitment to you
When we provide the club membership to you we promise to use the reasonable skill and care of a competent community wireless cloud operator.
Providing the service to you
3. Making sure the service is secure
3.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
3. If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this; and/or
(b) suspend username and password access to the service (please also see paragraph 10).
3.3 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
4. Things we may have to do
4.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. Our admin are all volunteers, so please realise we will work to the best of our ability
4.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
4.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
5. Repairing faults in the service
5.1 Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
5.2 If there is a fault with the service or you forget a password you should contact Wififeed. You can find out how to contact us at http://wififeed.net
What we need you to do
6. Paying our charges
6.1 You must pay the charges for the club membership that are set out in the price list located on the subscription page. This price list is part of this contract.
6.2 When you register for the club membership we will ask you to pay in advance before membership can continue.
7. Use of the Membership
7.1 You must take all reasonable precautions to ensure that no one (including you) uses the Membership/:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing,
or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety; (Downloading or uploading of copyrighted music, video or images either manually or via file sharing software is strictly prohibited)
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited
advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at www.abuse-guidance.com as may be amended from time to time (the Acceptable Use Policies also specify actions we may take to ensure your compliance and by accepting these terms you authorise us to take such actions);
(f) in a way that does not comply with any instructions that we have given you; or
The action we can take if the service is used in any of these ways is explained in paragraphs 9 and 10.
7.2 If we think that your use of the service may:
(i)impair the security of the system and/or the network used to provide the service; or
(ii)cause detrimental performance of the service to you or any other customer; we may suspend your access to the service. Suspension further explained in paragraphs 9 and 10. If possible, we will give you prior notice if we do suspend your service.
(iii)infringe our Fair Use policy we may take action.
7.3 Where we provide you with email facilities, web hosting or other services that involve us providing storage space on our systems, we may impose limits (which we may vary from time to time) on the storage space we provide to you in order to ensure the quality of the service to you and other users. These limits may relate to the physical amount of web-space or the number of mailboxes made available to you, email messages that can be stored and/or the size of any attachments you can send. We may reject or delete material that exceeds the relevant limit.
8. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
9. If you break this contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 7, even if you do not know that the
service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked
to do so;
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a
receiver or administrator is appointed over any of your assets, or you go into liquidation; or
(e) with immediate effect if we have terminated your use of any service previously provided to you due to your breach. If we have suspended or terminated this contract under paragraphs (a), (b), (d) or (e) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
10. Suspension of the service
10.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
10.2 If we decide to suspend the service under paragraph 9, this contract will continue during the period of suspension and you will have to pay all relevant charges.
11. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice. Please see paragraph 13 for your right to end this contract.
12. Our liability to you
12.1 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
12.2 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
12.3 Each provision of this paragraph 12 operates separately in itself and survives independently of the others.
13. Ending this contract
This contract can be ended by:
(a) us giving one month's notice to you; or
(b) you giving one day's notice to us.
Other things we need to tell you
14. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least a month's notice of any changes before they take effect. As explained in paragraph 13, you can end this contract at any time by giving one day's notice to us.
15. How to give notice
15.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent to your Wififeed Hotspot:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
15.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
17. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
18. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
rev 1st May 2012