Acceptable Use Policy

The Internet is an emerging communications technology where national and international standards of use, data protection conventions, direct marketing codes of practise and established commercial practises are still being defined. As a pragmatic "acceptable use policy"

We require you not to

• modify, access or make available data stored on a computer or device which you have accessed through our network, when either
• the owner of the data, computer or device has taken steps to prevent you from doing this or
• the owner has expressed a wish that you not do this.
• use our network in any way to send unsolicited commercial email or 'spam' - if you send mail that's unsolicited and commercial then Surf3 has the right to unilaterally remove your account. Furthermore we reserve the right to charge for the use of our resources and staff in dealing with the consequences of mass mailings conducted through our network in any way.

if you have any doubts about whether a particular email is 'spam' and therefore in breach of our acceptable use policy please send an email to support@Surf3 .co.uk and we will advise you.
 

We require you to

• respect the privacy, feelings and resources of your fellow internet users.

Surf3 retains the absolute right to disconnect any user from its Free Internet Access Service where Surf3 considers the user to be contravening its acceptable use policy or any other aspect of its full terms and conditions listed below. Surf3 reserves the right to alter its Acceptable Use Policy without prior notification.
 

Core Conditions of Use

1. The service is free because Surf3 Internet Services Ltd will not charge the user any monthly or annual service fees for the use of Surf3 's Free Internet Access Service.
2. The user will remain obligated to paying for the local telephone call charges at the rates publicised by the telephone operator with whom they make their local calls. The contract and charges for the telephony access to the Surf3 Free Internet Access Service lie between the user and their telephony service provider not Surf3 . The charges for the users local rate 0845 calls will appear on the bill received from their telephony service provider.
3. Access will only be granted to those customers providing Caller ID information. The user will not be able to connect to our free service if they dial 141 before the dial-in number, disabling CLI identification. This is a measure we are taking to prevent the abuse of our network by people sending un-solicited commercial email or "spam". Surf3 is a licensed public telephony operator with its own switching facilities and is supplied with the CLI information automatically irrespective of whether the user dials 141, and can trace the origin of any call terminating at our equipment. We are therefore barring 141 access only for reasons of administrative efficiency. The users's phone number will not be made available to any third party for commercial purposes and will only be used internally to verify our service provision.
4. Uploads to the user's web space will be limited to 15 Mb. More space will be made available on request for which a charge may be levied
5. Surf3 will not permit FTP access to the user' web site or POP3 access to their e-mail from outside of its network. Further more direct SMTP connections from outside of Surf3 's network will also be barred.
6. Where a user has not been online with Surf3 for 90 days Surf3 will deactivate and remove the account, including email addresses and web-space from its service . All user names and passwords will become available to other users.
    

Liabilities

1. As the Internet Access Provider, Surf3 cannot be held responsible for the content of the users website, e-mails, news postings or any other material distributed through our service, or for information and material that is accessed by the user through our service.
2. The user is solely responsible for ensuring that any material transferred to or from their computer does not infringe the laws governing, but not exhaustively covering, copyright, trademarks, pornography, or any other material which is slanderous, defamatory or might cause offense in any other way.
3. Surf3 reserve the right to remove such information it deems in breach of the above without warning and/or to make available such information when requested to regulatory bodies or law enforcement organisations.
4. Surf3 will take every reasonable step possible to ensure a fast and reliable service. Surf3 cannot be held responsible for any disruption in service however caused, loss of or corruption of any information in transit, or loss of or corruption of information when downloaded onto computer systems.
5. The user agrees to indemnify Surf3 from any claims or legal proceedings arising from the use of the service which are brought or threatened against it.
    

Responsibilities

1. Surf3 is responsible for providing the user with an Internet Access Service, including the specified email and web-space service which does not involve the user in the payment of any monthly or annual fee, other than their local rate call charges, for the defined service.
2. The user undertakes to use the service in a manner consistent with the terms and conditions.
    

Data Protection

The limited user information gathered by the Company in the setting up and maintenance of the users account will be recorded electronically and only used in accordance with the Data Protection Act 1984.
 

Software

The software provided by Surf3 is provided free of charge and the end user is responsible for registering any software that requires such registration.
 

Alterations to Terms and Conditions

Surf3 reserves the right to adjust the terms and conditions of service at any time and these will typically be done by e-mail. Furthermore Surf3 reserves the right to send email information to its users concerning Surf3 products and services which Surf3 deems may be of interest to them. Surf3 reserves the right to charge the user for any additional services they may request.

 Liabilities.

1. The customer shall hold harmless Surf3 against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated with any use of the service by the customer or provision of the service by Surf3 .
2. If the service is unavailable (except for unavailability arising from circumstances beyond the reasonable control of Surf3 ) for a contiguous period in excess of 48 hours and the customer makes a request by telephone and confirms it in writing during the period in which the service is unavailable, Surf3 shall pay to the customer as compensation a sum equivalent to the amount of minimum call charge, calculated on a daily basis, which the customer would have paid in respect of the period when the service is unavailable.
3. In no event shall Surf3 be liable to the customer for-economic loss(inc. loss of profit, business, goodwill, revenue or anticipated earnings.) loss arising from any claim made against the customer by a third party, special indirect or consequential damage, loss or damage arising from the customers failure to comply with its obligations to Surf3 , loss of, incorrect or spoiled data or information, howsoever caused and even if foreseeable or contemplated by Surf3 .
4. In the event that the customer is in breach of the Agreement, provision of the service to the customer shall be suspended forthwith by Surf3 and until further notice.
5. Suspension of the service will entitle Surf3 to payment on demand of all amounts owed by the customer under the Agreement whether already invoiced or not.
6. The customer shall pay Surf3 all reasonable costs associated with such suspension of the service and subsequent reconnection if it occurs.

 Alteration of terms and conditions.

1. Without prejudice to their rights under the Agreement expressed or implied the customer or Surf3 shall have the right to terminate the Agreement in the event that the other party is in default either in observation of or in performance of its obligations under the Agreement and in the case of rectifiable default fails to rectify the default within a reasonable time.
2. Surf3 may terminate the Agreement in the event that the liquidator, receiver or administrator is appointed in respect of the customer's assets or business or if the customer is deemed insolvent.

April 1999
Surf3 Ltd.