ICL webkit™ TERMS AND CONDITIONS

These Terms and Conditions constitute an agreement between you (the end user) and International Computers Limited (hereinafter "ICL"). These Terms and Conditions apply to the use by you of the ICL Webkit™ on-line information, communication and other related services provided by ICL and access using ICL Webkit to information and services provided by third parties (hereinafter "Services").

You should read these terms carefully. By being registered and using the Services, you agree to be bound by these Terms and Conditions. If these Terms and Conditions are not accepted in full, use of the Services must be terminated immediately.

ICL agrees to provide you with the Services in accordance with these Terms and Conditions, which constitute the only agreement between ICL and yourself regarding the provision of the Services. Your right to access the Services cannot be assigned, transferred or sub-licenced. ICL cannot guarantee that the Services will be performed entirely without fault but it will endeavour to correct reported faults and restore any suspension in the Services as soon as is reasonably practicable. If a fault occurs you should report the fault by telephone, e-mail or in writing to ICL.

You agree not to store within or transmit using the Services, or publish or otherwise make available for access by the public on or over the Services, any information, software or other content which violates or infringes the rights, including the copyright, trade mark or other intellectual property rights, of any party, or which induces, encourages or facilitates others to do the same or which would be offensive, abusive, indecent, defamatory, obscene or otherwise unlawful, or offensive to an average person. ICL does not engage in the active screening of on-line material but will be entitled, but shall not be obliged, to edit or delete any information, software or such other content which you or any of your Designated Users may place on-line at any time at its sole discretion. You are solely responsible for evaluating the accuracy and completeness of any content which may appear on-line and the value and integrity of any goods and services offered by third parties.

These Terms and Conditions do not include the provision of telecommunication services necessary for connection to the Services and you are responsible for the provision of and payment for telecommunication services necessary for connection to the Services. You are responsible for providing a suitable PC, modem and any other items of hardware or communications equipment necessary to enable you to access the Services.

In order to register for the Services, to set up an account and to designate authorised users of your account (herein "Designated Users") you must be, and you represent and warrant that you are, at least 18 years of age. You will ensure that no unauthorised access is obtained to the Services through your account and that your Designated Users comply with these Terms and Conditions. You will be entirely liable for all activities conducted and charges incurred through your account whether by you or any of your Designated Users. You will be responsible for all use of the Services accessed through your own or your Designated Users' Password(s). You acknowledge that you are aware that areas accessible on or through the Services may contain material that is unsuitable for persons under eighteen (18) years of age and you agree to supervise usage of the Services by minors whom you may permit to use the Services.

In order to access the Services you will be required to either complete the registration documentation on-line and select and create a user name and password (herein "Passwords"), or provide ICL with registration details off-line and accept the Password(s) provided by ICL. You will select Passwords for any Designated Users on-line. You are responsible for the security and proper use of all these Passwords and must take all necessary steps to ensure that all these Passwords are kept confidential, used properly and not disclosed to unauthorised people. You must inform ICL immediately if you have any reason to believe that any Password has become known to someone not authorised to use it or if any Password is being or is likely to be used in an unauthorised way. If ICL has reason to believe that there is likely to be a breach of security or misuse of the Services ICL may change any or all of your Passwords and notify you accordingly. If you forget any Password, by contacting ICL by telephone and satisfying the security checks in operation, you will be advised of the Password previously provided by ICL or selected by you.

You confirm and warrant that all the information supplied by you when you register for the Services is true, complete and accurate in all respects and you agree to notify us immediately of any changes to that information.

The on-line registration documentation describes the different service levels available and their relevant subscription charges. You agree to pay all charges for the service level you select annually in advance, except for those charges relating to global roaming (if any) which shall be payable by you monthly in arrears. Unless specifically notified to the contrary, charges will be incurred from the date of registration. ICL reserves the right to vary the charges for the Services at any time as provided in these Terms and Conditions.

The Services are copyright ICL and contain copyright material of ICL. You and your Designated Users are permitted to access this material for your own private purposes, but any redistribution of the material to third parties or commercial exploitation is prohibited. Individual items may have more specific terms and conditions associated with them, in which case those terms and conditions will apply to that item in place of this general permission. If the copyright owner of any material published on the Services is not ICL your rights in respect of that material will be as defined by the copyright owner of the material concerned.

Except as set out above, all rights are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of ICL or any other party as a consequence of the publication of any materials on these Services.

Copyright material must not be placed on the Services without the permission of the owner(s) or person(s) they have specifically authorised to give such permission. Only the owner(s) or such authorised person(s) may upload copyright material to the Services.

You may terminate your agreement with ICL at any time by ceasing all use of the Services forthwith and destroying the Software and archival copy. In addition to any rights set out elsewhere in these Terms and Conditions, ICL can without notice suspend the provision of the Services (or your access thereto) or terminate its agreement with you (or both) with immediate effect if you fail to comply with these Terms and Conditions. Upon such termination you shall cease all use of the Services forthwith and destroy the Software and archival copy and confirm to ICL in writing that you have done so.

If ICL terminates it agreement with you and provided that you are not in breach of any of these Terms and Conditions, it will repay to you the appropriate proportion of any charges for the Services which you have paid in advance.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS AND to the extent permitted by law icl excludeS all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any ON-LINE content and the value and integrity of goods and services offered by third parties. you acknowledge that icl has no control over, and that it excludes liability for, material placed on-line by users of the serviceS AND any ON-LINE material which can be accessed by using the services. ICL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL loss, or loss of profits, loss of revenue, loss of business, loss of use, loss of contracts, anticipated savings or for any economic or financial loss whatsoever and howsoever suffered, EVEN IF ICL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Electronic mail left on the ICL server for more than forty (40) days may be deleted without notice. ICL has set no fixed upper limit on the number of messages you may send or receive through the Services. However, ICL retains the right, at ICLs sole discretion, to prevent any further messages being sent or received through the Services until such time as the storage space on the ICL server used by your account is reduced below five (5) megabytes. You are therefore advised to download your messages rather than keep them on the ICL server. ICL assumes no responsibility for any deletion or your failure to correctly store messages.

You warrant that your use of the Services will not violate any law, regulation or treaties and that such use will not be in breach of the intellectual property rights of any person. You warrant that your use of the Services may only be for lawful purposes and that you shall not use or authorise or permit any one else to use the Services for any use which is prohibited by these Terms and Conditions. You shall indemnify and hold harmless ICL against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by ICL (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) by reason of a breach by you of any of your obligations set out in these Terms and Conditions.

ICL may modify these terms and conditions or prices, and may discontinue or revise any aspect of the Services at any time, such modifications becoming effective immediately upon either posting of a notice on the ICL Webkit™ site (i.e., http://home.iclweb.com) or notification to you. By continuing to use the Services following any such notice you will be deemed to accept such modification.

ICL may send information and offers of products and services to you from time to time, unless you indicate on registration that you do not wish to receive such material.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be exclusively subject to the jurisdiction of the courts of England and Wales. Use of the Services is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

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