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Broadband terms and conditions

This sets out the terms and conditions upon which Pipex Homecall Limited ('We' 'Us', 'Our') a Tiscali UK company, 20 Broadwick Street, London W1F 8HT Registered in England, registered number 4063120 will provide Broadband Services (defined below) to You, the customer ('You' or 'Your') and which together with Pipex Homecall Limited's Standard Terms and Conditions for telecommunications services ('Standard Terms') form the basis of the Contract between You and Us ('Contract').

1 Definitions

1.1 The words used in these conditions shall have the meaning given to them in the Standard Terms and words not defined in the Standard Terms shall have the following meaning:

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2. BASIS OF CONTRACT

2.1 This Contract will come into effect upon Our acceptance of Your application for the Service and will continue for the Minimum Term unless or until terminated in accordance with clause 6 of these conditions.

2.2 These conditions are supplementary to the Standard Terms and these conditions should be read, alongside and in conjunction with the Standard Terms and the Acceptable Use Policy ("AUP") which may be subject to change from time to time. You can find further details of the AUP on Our Website. It is Your responsibility to ensure that You comply with the latest edition of the AUP in force at any given time. These conditions together with the AUP explain Our responsibilities to You and Your responsibilities to Us and other users of the Service. The AUP in particular outline what We consider to be unacceptable use of the Internet by You so that We can take appropriate steps against abusers of the Internet.

2.3 The terms of the Standard Terms relating to the Service will, unless the context requires otherwise and/or unless expressly stated otherwise, apply to the Broadband Services.

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3. CONNECTION AND SUPPLY OF SERVICES

3.1 We want to offer You the highest level of Service that We are reasonably able to achieve. In order to do so we will utilise different technologies and network topographies to deliver the Broadband Service to You. The different technologies and networks may be operated by different member companies.

3.2 Registering with the Broadband Service gives You the ability, using a computer (of appropriate specification) and the Equipment, to access the Internet on an "always-on" basis at the best available Transmission Speed that we are reasonably able to make available to you according to operational and technical characteristics of Your phone line and the Equipment that You connect.

3.3 Before We can be sure that We can provide You with the Broadband Service We must:

3.3.1 Check that You are in a geographical area where You can receive the Broadband Service;

3.3.2 Perform a satisfactory telephone line test; and

3.3.3 Successfully activate the Broadband Service because, in Our sole opinion, if the conditions above are not satisfied then We will notify You as soon as possible.

3.4 The Provision of the Broadband Service is conditional upon:

3.4.1 You having a current valid contract with BT or other non-cable analogue direct exchange line, which terminates on a master socket forming part of the national telecommunications network for use and which will need to be in operation for as long as this agreement continues and over which we will provide the Service. In the event that Your telephone account with Your line provider is terminated or You change the services on the telephone line on which You currently use the Broadband Service, so that the Broadband Service is unable to operate normally, we may terminate the Broadband Service and You will be liable for the Charges that would have otherwise been payable during the remainder of the Minimum Period;

3.4.2 Successful installation of Equipment, of the right specification;

3.4.3 Compatible cables, extension leads, modems and computers; and

3.4.4 Successful activation of the Service by You.

3.5 Our obligations to provide the Broadband Service shall be conditional upon the technical requirements being satisfied. You acknowledge that;

3.5.1 Clauses 3.3.1 and 3.4.1 are fulfilled and remain in operation for as long as this Agreement continues and over which We provide the Service; and

3.5.2 You have a computer that satisfies the technical requirements.

3.6 Our responsibility for the Broadband Service does not apply in relation to any point beyond the telephone master socket at Your home, We are not responsible for any interference or degradation of Service caused by any internal wiring or cabling within Your home. You acknowledge that You shall be responsible for any upgrades of such internal wiring or cabling within your home that are deemed necessary to enable You to obtain the connectivity or the full connectivity speed of the Broadband Service.

3.7 The Service may be affected by things outside of Our control such as faults in other telecommunications, internet or other networks and we do not guarantee the prevention or detection of unauthorised attempts to access the Service or that the Service will be fault free all of the time.

3.8 We may refuse to connect You to the Service if any of the information You have provided to Us is inaccurate, incomplete or misleading. You are responsible for providing to Us all information We request and for the accuracy of the information You provide. You must inform Us immediately of any changes to the information you have provided to Us including any change in the address of the Premises.

3.9 Where the address of the Premises changes and You wish to continue to receive the Broadband Service, You will need to apply for that Service for a further Minimum Term at Your new residential address and at Our then current rates. If the change in Premises is during the Minimum Term and You do not apply for the Service at Your new residential address then You will be required to pay the Early Termination Fee in accordance with clause 6.2 below. You will not be sent additional Equipment in respect of any further application for Service at new Premises.

3.10 Where You request to change Your telephone number because You have been a victim of harassment, You must provide Us with necessary proof (in the form of a crime number) to be re-provisioned without any additional charge. If You are unable to produce necessary proof, You will either need to apply for the Broadband Service on Your new number for a further Minimum Term, or pay a one off number change charge of £50 and continue to pay the Charges for the remainder of the Minimum Period. In all other cases where You wish to change Your number You will either have to apply for the Broadband Service on Your new number for a further Minimum Period or pay a one off change charge of £50 and continue to pay the Charges for the remainder of the Minimum Term.

3.11 Any apparatus, with the exclusion of the Equipment, used by You to access the Service and Your relationship with the Access Provider is Your responsibility. You will ensure that any apparatus, tools, personal computers and/or other paraphernalia attached to the Service is compatible with the Service and does not breach any regulations or legislation. You will be responsible for any adjustments, variations and/or alterations which need to be made to such apparatus to make it compliant with the Service and We will have no liability for any damage caused in attaching or adapting such apparatus to the Service.

3.12 You accept and acknowledge that the Service, as with other Internet applications, is not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Service.

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4. USE OF THE SERVICES

4.1 You Will:

4.1.1 Keep any user names and passwords confidential and not disclose them to any unauthorised third party;

4.1.2 Inform us immediately if you know or suspect that an unauthorised third party has knowledge of your user names and/or passwords;

4.1.3 Not change or attempt to change a user name without Our written consent;

4.1.4 Immediately upon our request, change any and all passwords you use in respect of the Service;

4.1.5 Not use the Service to send or procure the sending of any unsolicited advertising or promotional material;

4.1.6 Not use the Service in a way that in BT's reasonable opinion could materially affect the quality of any telecommunications services including the Service; and

4.1.7 Comply with the maximum storage and attachment size limits notified to You by Us from time to time.

4.2 Where You have the facility to produce Your own website you warrant and represent to Us that the information on that website will be complete and accurate and will not contain any Offensive Material and will comply with all consumer and other legislation, instructions, codes of practice and/or guidelines issued by regulatory authorities from time to time.

4.3 Where You have reported a fault and no Equipment is installed at the Premises, You will allow our designated maintainer to check Your equipment. Where there is a fault, which is not Our responsibility, We may charge You for any work undertaken at Our then current hourly rates as shown on the Price List.

4.4 In order to provide You with the Service, We will attach cookies to your equipment, personal computer and/or other computer system that are essential to enable us to identify You as a customer, to facilitate Your use of the Services. We also use cookies to ensure that Our mailing tools are working correctly. You hereby consent to receiving cookies by accepting these conditions. Further information and details on how We use cookies and how you can remove or reject cookies can be found in our Privacy Policy which can be found on our website.

4.5 We reserve the right to manage Your Traffic across Our network. This may involve restrictions to Your Service including, but not limited to, reduced connection speed, restriction of "peer to peer" downloading or imposing specific usage limits. These restrictions maybe used singularly or in conjunction with others. We reserve the right to deploy network Traffic management measures at anytime without notice. We undertake to use network management to deliver a fair service to you. If Your use of the Broadband Service continues to adversely affect network integrity or cause network degradation, we also reserve the right to terminate the Broadband Service even if You are within Your Minimum Period.

4.6 You may at anytime during the term of this Broadband Agreement request a Re-grade for Your Broadband Service, subject to a maximum of two (2) Re-grades in each 12 month period. In the event that You request a Re-grade during the Minimum Period, we reserve the right to make an additional charge and to require You to commit to a further Minimum Period from the date of such Re-grade.

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5. EQUIPMENT

5.1 We will deliver the Equipment to the Premises and You will be liable to pay for the Equipment (where notified) at Our then current rates shown on Our Price List in addition to Our reasonable costs of carriage, insurance, postage and packing.

5.2 It is a condition of use of the Equipment that you accept and abide by the Equipment Manufacturer's terms and conditions before you use the Equipment.

5.3 Risk of loss or damage to the Equipment will pass to You upon delivery to the Premises.

5.4 On condition that You have, where required, paid for the Equipment, title and ownership in the Equipment will pass to You on the Commencement Date.

5.5 You will be responsible for the safe upkeep of the Equipment while in Your possession and You will use the Equipment to access the Service in accordance with the manufacturer's security, safety and operation instructions.

5.6 You must take reasonable care of the Equipment, keep the original box and packaging and stored in accordance with the manufacturer's instructions. If you do not take reasonable care of the Equipment, you will not be entitled to return it to Us within the 7 day period, for a full refund. You are responsible for the risk and cost of returning the Equipment to Us and if you do not We may charge you for the Equipment at our then current rates shown on Our Price List.

5.7 If You cancel the Contract before the Commencement Date We will, where appropriate, charge You for the Equipment at Our then current rates shown on Our Price List or if You have paid for the Equipment, no refund will be due from Us to You in respect of the price of the Equipment.

5.8 We will have no liability to You for any Equipment lost or damaged in transit unless You have notified Us of such loss and/or damage within 5 days from the date of delivery.

5.9 If You fail to accept delivery of the Equipment, then without prejudice to other rights or remedies We may have, We may store the Equipment at Your cost and risk until actual delivery.

5.10 We do not give any warranties in relation to the Equipment. We will, so far as is possible, assign to You the benefit of the warranties provided by the Equipment manufacturer. Faults in the Equipment covered by the manufacturer's warranty must be reported to Our technical Customer Services Department (contact details for which are available upon request) within 14 days of the fault first occurring. Where necessary, You may be required to return the Equipment to Us (in the prepaid packaging provided to You when originally delivered) for inspection, repair and/or replacement in accordance with terms of the manufacturer's warranty. If you no longer have the pre-paid packaging provided, You must return the Equipment to Us at your cost and expense.

5.11 Once we have received the Equipment back from You and We are satisfied that the Equipment is faulty we will send replacement Equipment to You.

5.12 We only offer technical support on the Equipment that comes as standard with the Broadband Service. If You experience a problem with your Equipment, which is covered by the manufacturer's warranty, You should call Our customer care department. If the fault cannot be resolved over the telephone you should return the Equipment to Us or our appointed agent for testing within 14 days of reporting the fault.

5.13 If We are satisfied that the Equipment is faulty and that such fault is not as a result of Your failure to take proper care of and/or Your improper use of the Equipment, then You will be sent replacement Equipment free of charge.

5.14 If We are not satisfied that the Equipment is faulty or that such fault was not as a result of Your failure to take proper care of and/or Your improper use of the Equipment, then We will return the Equipment to You.

5.15 Where You are unable to use the Service due to faulty Equipment which We have confirmed is covered by the manufacturer's warranty We will not credit you with the period for which you are without the Equipment and cannot use the Service. We will however, add the number of days during which You were unable to use the Service for this reason to the end of the Minimum Term.

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6. TERMINATION AND SUSPENSION

6.1 You may terminate this Contract at any time by serving Us with 30 days written notice which shall commence from the date of Our receipt of such notice and such notice not to expire before the expiry of the Minimum Term. Proof of postage of such notice is not acceptable as proof that We have received it.

6.2 You may terminate this Contract in respect of the Broadband Service before the expiry of the Minimum Term, on condition that You pay to us the Early Termination Fee as liquidated damages, which You acknowledge represents a genuine pre-estimate of the loss We will suffer as a result of Your early termination. The Early Termination Fee and any other outstanding Charges will become immediately due and payable by You upon receipt by Us of Your notice of termination.

6.3 At anytime should You cancel the CPS Service and or Pipex Homecall Line Rental Service you will be charged the Recommended Retail Price per month for the broadband Service.

6.4 We may suspend provision of the Services immediately if:

6.4.1 You do not pay Us any sums which are due to Us;

6.4.2 We think there has been a breach of security in respect of the Broadband Service;

6.4.3 We believe that you are in breach of any, all or some of your obligations under this Contract;

6.4.4 We have reasonable grounds to suspect You are using the Services fraudulently; and/or

6.4.5 Your direct debit instruction is cancelled or any payment being made by Direct Debit fails.

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7. AMENDMENT OF THESE TERMS AND CONDITIONS

We reserve the right to add to and/or amend the Terms and Conditions at any time. Such changes shall be notified to You by posting on Our website.

Homecall Broadband terms and conditions

Changes in this manner shall be deemed to have been accepted if You continue to use the Broadband Service after a period of two weeks from the date of posting on the website.

(Version 14.06.06)

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Pipex Homecall Acceptable Use Policy

This Acceptable Use Policy ("AUP") specifies the actions prohibited by Pipex Homecall Limited ("Pipex") to a User of the network utilised by Pipex and must be read in conjunction with our Terms and Conditions

("User") may be defined as "a Customer or anyone who uses the Pipex Broadband Service or accesses the network utilised by Pipex".

The primary purpose of this AUP is to prevent the illegal use of the Pipex Broadband Service as defined in UK law or the inappropriate use or misuse of the Broadband Service on the basis of Pipex's own judgement and discretion.

Pipex believes in a safe Internet. Pipex works closely with organisations and regulatory bodies such as OFCOM, the Internet Service Providers Association (ISPA), the British Phonographic Industry Limited (BPI) and the Internet Watch Foundation (IWF) as well as the Police and Home Office to prevent illegal and inappropriate use of the Internet.

This AUP further defines the rights that Pipex has to ensure consistent and acceptable use of the Pipex Broadband Service and the Network by all Users, as well as safeguard and protect its own commercial interests.

Pipex reserves the right to modify this Policy at any time. Changes made to the Policy become effective upon posting of the modified Policy to this URL. It is the User's responsibility to ensure their awareness of any such changes.

Pipex reserves the right to suspend or terminate the User's Service immediately and without notice, if the User is in breach of any aspect of our AUP.

ILLEGAL USE

The Network utilised by the Pipex Broadband Service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or intellectual property rights used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

THE NETWORK

1. The User acknowledges that Pipex is unable to exercise control over the content of the information passing over the network utilised by the Pipex Broadband Service. Therefore, Pipex is not responsible for the content of any message whether or not the posting was made by a Pipex customer.

2. The network utilised by the Pipex Broadband Service may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.

3. In addition the User undertakes to conform to the Internet protocols and standards.

4. The User may not circumvent User authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with the Service to any User, host, or network (referred to as "denial of service attacks").

5. Without prejudice to the foregoing, any application that overloads the network utilised by the Pipex Broadband Service by whatever means will be considered as making profligate use of the network utilised by the Pipex Broadband Service and will as such NOT be permitted. Use of IP multicast other than by means provided and co-ordinated by Pipex is likewise prohibited.

6. The User acknowledges that the availability of their Pipex Broadband Service is also dependent upon reasonable usage of the network. The User further acknowledges that Pipex reserves the right to manage the Traffic of those Customers whose usage Pipex considers to be either not consistent with or appropriate for the Broadband Service to which they subscribe or detrimental to the other Users who share the network.

7. Users sending or receiving malicious or illegal Traffic will be suspended or disconnected upon detection by Pipex. Pipex understands that in some cases the User may not be aware of or responsible for the origination of such Traffic, in which case Pipex will work with the User to resolve the issue and restore normal service as efficiently as possible.

8. Users who violate systems or network security may incur criminal or civil liability. Pipex will co-operate fully with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. Pipex will investigate incidents involving such violations and will involve and will co-operate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorisation of the owner of the system or network;
• Unauthorised monitoring of data or Traffic on any network or system without the express authorisation of the owner of the system or network;
• Interference with service to any User, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

If approached with complaints relating to any system or network violations, Pipex will co-operate and assist the Police and law enforcing bodies with their investigations in order to bring such mis-use and violations to an end.

E-MAIL

1. It is explicitly prohibited to send unsolicited bulk e-mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements) etc.

2. It is also explicitly prohibited to allow others to send unsolicited bulk e-mail messages or viruses either directly or by relaying through the User's systems. For the avoidance of doubt, Users must ensure that their systems cannot be relayed through. Users may not forward or propagate chain letters nor malicious e-mail.

3. A User may not solicit e-mail for any other address other than that of the User, except with full consent of the owner of the referred address.

INTERNET WATCH FOUNDATION

Pipex subscribe to and shall abide by advice given by the independent industry body The Internet Watch Foundation ("IWF") in relation to content of the Internet. For further information regarding IWF and its policy, please refer to http://www.iwf.org.uk/

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Pipex CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THIS POLICY BY SUCH CUSTOMER OR END USER.

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