Tiscali Secure Mail Terms and Conditions

These Terms and Conditions are separate from any contract, which you have entered into with us for Internet Access Service and relate only to the Secure Mail product. These Terms and Conditions, the On-line Registration Forms for Secure Mail and Tiscali's acceptance email shall constitute the contract between the parties for the Service. 1. ACCEPTANCE 1.1 The Service is available to all Tiscali Internet Access customers (including Pay As You Go Customers) in the United Kingdom. 1.2 You must compete the On-line Registration Forms as set out on the Tiscali Website and provide us with valid credit card or visa debit card details from which the Charges for the Service can be debited. 1.3 Tiscali will only enter into the contract to provide you with the Service on the basis that the Service is provided pursuant to these Terms and Conditions and that payment for the first year's Service is received in advance. 1.4 A contract will be formed only when you receive Tiscali's acceptance sent to the email address that you have provided to us. 2. SERVICE 2.1 We will provide you with the Service from the date we notify you that we have accepted your request to receive the Service. We will continue to provide you with the Service pursuant to these Terms and Conditions until terminated under Clause 4. 2.2 We may from time to time suspend the Service where it is necessary for operational reasons such as repair, maintenance or improvements or because of emergency. We will use our reasonable endeavours to provide with as much notice as possible in advance of such suspension. 3. FEES 3.1 You agree to pay to us the appropriate advance annual charge for your use of the Service as is detailed on the Tiscali Website. 3.2 Tiscali will collect the first annual Charge from your credit card or visa debit card prior to the Service being provided to you. Thereafter, we will collect payment from your credit card or visa debit card annually on or soon after each anniversary of this Agreement. 3.3 If you cancel or change your credit card or visa debit card which you use to pay the Charges you must inform us immediately. 3.4 Tiscali may charge you interest on overdue sums at the rate of 4% per annum above the base rate for Barclay's Bank Plc from the date that such sum became due until the date of payment in full. 4. TERMINATION 4.1 You have the right under the Distance Selling Regulations 2000 to give notice to cancel within 7 working days of the date of this Agreement. In the event of cancellation under this Clause 4.1, this Agreement shall be treated as null and void and notwithstanding anything else in this Agreement you will be refunded the Charges within 30 days. 4.2 You may cancel this Agreement at anytime and for any reason by providing 30 days notice in writing, or by accessing this link. You must pay for any Service which have ordered and Tiscali will not provide you with a refund for any credit remaining. 4.3 Tiscali may terminate or suspend your use of the Service immediately if you breach any term of this Agreement, including the obligation to pay the Charges as they fall due or to comply with Clause 5 (Service Use Restrictions). 4.4 On termination of this Agreement you will immediately cease to use the Secure Mail product and the Service. 5. SERVICE USE RESTRICTIONS 5.1 You agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning Tiscali's copyright and other intellectual property rights. 5.2 Except as specifically authorised, you will not: 5.2.1 permit other individuals to use the Service; 5.2.2 modify, translate, distribute or create derivative works from the Secure Mail product or Service; 5.2.3 copy or redistribute the Service or Secure Mail product; 5.2.4 rent, lease, transfer, or otherwise transfer rights in the Service or Secure Mail product; 5.2.5 remove any proprietary notices or labels on the Service or Secure Mail product; 5.2.6 distribute your personal log-in account to other people; and 5.2.7 add to, alter, delete from, or otherwise modify the Service. 5.3 You may only use the Service for your private, non-commercial use and you must not use the Service in any way to provide, or as part of, any commercial service or application. 6. PERSONAL INFORMATION AND PRIVACY 6.1 We will comply with the Data Protection Act 1998 and any other applicable data protection legislation in relation to the handling of your personal data. 6.2 You agreed to adhere to the Tiscali Privacy Policy (add link) and you consent to our using and/or disclosing your personal information for the following purposes: 6.2.1 processing your request for the Service, 6.2.2 providing, or arranging for third parties to provide, help desk facilities which may be available to you; 6.2.3 billing and credit control purposes; or 6.2.4 as required by law. 7. INTELLECTUAL PROPERTY RIGHTS 7.1 Tiscali and its affiliated companies are the owners or licensors of all title and rights any patents, design rights, know-how, copyrights, trade marks, the right to use software comprising the Secure Mail product and all other similar proprietary rights (whether registered or unregistered) worldwide contained in the Service and except as expressly set out in these Terms and Conditions you shall acquire no rights in the Service. 7.2 Subject the other Terms and Conditions, Tiscali hereby grants you a non-exclusive, non-transferable License to use the software contained in the Secure Mail only in order to receive the Service. 8. NO WARRANTY Tiscali does not warrant that the Service will block all spam mail or viruses and the Service is provided on an "as is" basis. To the fullest extent permitted by applicable law, Tiscali disclaims any and all warranties, either express or implied, including, but not limited to, implied warranties of quality and fitness for a particular purpose. Tiscali does not warrant that the Service will meet your specific requirements or will operate without interruption or be error free. 9. LIMITATION OF LIABILITY 9.1 Tiscali shall not be liable to you under or in connection with this Agreement, whether in contract, tort (including negligence), misrepresentation (other than where made fraudulently), breach of statutory duty or otherwise for: 9.1.1 any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; 9.1.2 any loss or corruption of data; and/or 9.1.3 for any indirect or consequential loss whatsoever incurred by either party, whether or not you advised Tiscali in advance of the possibility of any such loss. 9.2 The total aggregate liability of either party to the other under or in connection with this Agreement shall not exceed the Charges due to Tiscali in any year of this Agreement for any one event or series of events. 9.3 Nothing in this Agreement shall exclude or limit either party's liability for fraud or for death or personal injury due to its negligence to the extent that the exclusion of liability is prohibited by or unenforceable under English law. 10. INDEMNITY You shall fully indemnify and hold harmless Tiscali and keep it fully indemnified at all times against all losses, liabilities, costs, including reasonable legal costs and expenses arising from or in connection with any claim by any third party against Tiscali arising as a result of your misuse of the Service. 11. EVENTS OUTSIDE THE CONTROL OF TISCALI Tiscali will not be liable to the other for any failure to deliver the Service or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of Tiscali. 12. GENERAL PROVISIONS 12.1 We may change the provisions of this Agreement (including the charges) at any time, provided that we will give you notice of the changes at least 14 days before the change is to take effect at which time you may terminate this Agreement if the change materially affects the Service. 12.2 This Agreement represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written. 12.3 This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 12.4 Notices given under this Agreement must be in writing and may only be delivered by e-mail to the following addresses: (a) to us at the relevant address provided during the registration process for Tiscali or any alternative address which Tiscali notifies to you; (b) to you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to Tiscali via the 'My Account' pages. 12.5 You may not assign or transfer any of your rights or obligations under this Agreement. 12.6 If any part, term or provision of this Agreement is held to be illegal or unenforceable the validity or enforceability of the remainder of this Agreement will not be affected. 12.7 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach. 12.8 The provisions of Clauses 3.1, 3.4, 4.4, 5, 6, 7, 9, 10, and 12 shall survive the termination of this Agreement. 12.9 This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.