Terms of Use
These terms and conditions of business govern the Service(s) we provide you and explain your rights and obligations. They are very important, so we recommend that you read them carefully. They explain what you can expect from us and what we expect from you.

We hope they are largely self-explanatory. However, if there is anything in these terms and conditions that you do not understand, please contact us by calling 01436 670220.

Only when you are in acceptance of all terms stated below, shall you be allowed to access the service(s) that you have selected during this sign-up process.

By using the UFCnet Service(s), you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the UFCnet Service(s).

1. Definitions
In our terms and conditions we use words that have specialized meanings. Below are some of the most common of those words and their meanings, as well as a detailed glossary, which explains the terms and words that are technical abbreviations. We strongly suggest that you view these meanings whilst reading through these terms and conditions.

'We', 'us' or ' UFCnet ' refers to UFCnet Ltd. trading as UFCnet. Our address is 19c East Princess Street, Helensburgh, Argyll & Bute, G84 7DF.

'Service(s)' refers to the service(s) that you have chosen to select or purchase at the time of sign up

The duration of the contract with UFCnet is selected by you during sign-up process, as witnessed in the registration procedure which takes you through all related policies determining the acceptable use of the Service(s).

'Fees' refers to those charges we make for initial connection to the Service(s) and for continued access. The Fees are determined by the Service(s) that you have decided to purchase.

2. Terms and conditions
By clicking on the "I fully agree, accept and understand" button, you will be deemed to accept these terms and conditions and will comply with all related policies, including our data protection policy and abuse policy. When we have processed your online sign-up registration, and received any Fees that are due from you, we will then provide you with the relevant Service(s). The right to use the Service(s) is personal to you and you must advise us if you suspect that someone is using your account or has knowledge about your personal details.

3. Supply
It is your responsibility to ensure you have the necessary means to access and use the Service(s), and that the Service(s) is/are right for you. We shall have no obligation to advise you of new services or upgrades.

If you intend to extend your network to a WAN (wide area network) encompassing other LANs (local area network/s), you are by definition extending access to the Service(s) provided by us. This can only be done upon receiving our written authorisation and subsequent to agreeing additional charges against this extended Service(s).

4. Improper Use
Our network and/or Service(s) may only be used for lawful purposes and comply with all legal requirements relating to, without limitation, defamation, copyright, trademark, software licences and any rules that are applied to you as a user when visiting a third party website, for which you are solely responsible. The law relating to Internet use is under continuous development. It is up to you to check whether you might be infringing any law or regulation, and if in any doubt you should take independent legal advice. Please remember that material that may not breach any law or regulation in the United Kingdom may breach the laws and regulations applicable in other countries, and the Service(s) does/do give you access to computer networks worldwide.

You agree that you will not use the Service(s) for transmission of any material in breach of any law or regulation. For this purpose it will be irrelevant whether you knew of the content of the material transmitted.

You agree that the Service(s) will not be used in any way for spamming, chain letters, junk mail or unsolicited distribution lists. You agree not to transmit through the Service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, menacing or discriminatory material of any kind, which could cause distress or is perceived to distress any user.

UFCnet reserves the right to access and disclose any information, data, graphics, video, sound, files and other content created by, provided by, or accessed by you in order to comply with applicable laws and lawful government requests, to operate its business properly, and to protect itself and its users.

UFCnet reserves the right in its sole discretion, but will not be obligated, to remove any content from its system. UFCnet will fully co-operate with all applicable law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity of which we become aware.

You should note that some Service(s) are subject to different server upload restrictions and these are laid out in the relevant Acceptable Use policies (please refer to Section 6 below). Use of the Service(s) signifies that you accept these policies and agree to comply with them. It is expected that uploads to our servers from outside of our network should be kept to a minimum with the majority of uploads being made using our Service(s).

5. Conditions of use
The User may only use the Service for lawful purposes. Transmission of any material through the Service or use of any part of it in violation of any UK law or regulation including but not restricted to material which is copyright, threatening, intimidating, obscene or indecent or has been judged unlawful or covered by trade secrecy, is prohibited whether or not the User was aware of the content of the material or the relevant laws. The User shall not use the Service for transmission of computer viruses or material which is defamatory or menacing or which may cause annoyance or inconvenience or needless anxiety or may constitute an infringement of the rights of any person firm company or organisation including but not restricted to intellectual property rights. The User Acknowledges that UFCnet are unable to monitor or exercise any editorial control over the content of any material or information transmitted through the Service. The User further acknowledges that UFCnet hereby excludes all liability in respect of any transmission or reception of information or material of whatever nature.

The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other billing period selected) plus any setup fee is due upon account setup.

Unused hours or download do not accrue from one billing period to the next.

It is the User's responsibility to monitor their own Internet usage. Failure to do so resulting in excess charge or account locking is the sole responsibility of the User. UFCnet will endeavor to provide a service enabling Users to be alerted of any unsolicited emails (spams) and any known virus bugs that are available with the latest virus software. UFCnet will also check usage status however the accuracy and availability of this virus checking service will not be guaranteed.

6. Indemnity
The User agrees to indemnify and hold harmless UFCnet from any claim brought by third parties alleging the use of the Service by the user has infringed any right of any kind applicable in the UK or international legislation or regulation. The User shall defend and pay all costs, damages, awards, fees including reasonable legal fees and judgements finally awarded against UFCnet arising from such claims and shall provide UFCnet with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at the User's sole expense.

7. Limitations and Liabilities
Any condition or warranty which might be implied or incorporated within this contract by reason of statute or common law or otherwise is hereby excluded so far as may be permitted by law. While UFCnet will use all reasonable endeavours to provide a prompt and continuing service it cannot guarantee it and will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries or service interruptions howsoever arising. Without prejudice to the foregoing generality UFCnet specifically excludes any warranty as to the quality or accuracy of information received through the Service. In no circumstances whatsoever will UFCnet be liable for any economic or consequential loss.

As the UFCnet service is a shared resource the User agrees to show due consideration to all other Users. If a User's activities in the judgment of UFCnet unreasonably restrict, inhibit, or degrade any other User's use of the services, or represent an unusually large burden on the UFCnet network, UFCnet may terminate or suspend this Agreement.

The User agrees not to send unsolicited email (spam) or knowingly transmit computer viruses via the UFCnet service. Failure to comply may result in immediate account termination.

The User accepts that email virus scanning software distributed by UFCnet cannot provide protection from viruses transmitted by other means or not detected by current virus scanning technology.

This agreement is governed by the law in force in the United Kingdom, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and courts of appeal from them for determining any dispute concerning this agreement.

8. Passwords and security
We will provide you with a user identification and password. These must be kept secret. You must change your password immediately if you think that anyone else knows it. In the event of any suspected security breach, we reserve the right to change your password. If that happens, we will notify you of this as soon as we operationally can. Please remember that, when using the Service(s) and sending data to other people, your communication link may not be secure. It could be unsafe to submit your credit card or debit card details, or other personal information, over the Internet. Only one connection may be made at any time using your username and password.

9. Acceptable Use Policy
You are required to read, and agree to abide by, the "Acceptable Use Policies" for your Service(s). These can be found at http://www.ufcnet.co.uk/aup.html

10. Service Maintenance
We will provide ongoing maintenance in respect of the Service(s) supplied to you. Because of this purpose there will be some occasions when you will not be able to access the Service(s). We will endeavour to keep these occasions to a minimum and details of these occasions will be posted on our portal under the section named "Service Status".

11. Fees
You agree to pay the Fees for the Service(s) and understand the importance of these being paid on time. All Fees must be paid in advance of the period of use. You will select the payment intervals during the sign up process online. On selecting the payment interval we will supply you with details of the appropriate Fees.

We accept payment by credit cards (VISA, MasterCard, Switch and AMEX) for monthly, quarterly and annual payments. We accept cheques for annual payments on business products only. For all cards except Switch, we will debit your card when payments fall due automatically, without further reference to you. Customers paying by Switch must authorise their payments by using the facility provided on the Portal website.

You understand and agree that if you fail to make payments of Fees when they are due, we will suspend your service, in part or in full, until payment is received in full. The domain name which is included with certain accounts is only issued without charge based on us receiving full payment during a minimum contract period of 1 year. If your account is terminated prior to fulfilling this minimum contract period you will be liable for the cost of the domain name that is £52.88 (including VAT). This fee will be automatically debited from your debit/credit card. Until we have received this payment we shall prohibit the release of the IPSTAG associated with this domain.

Certain services that we provide are automatically continued when the initial period terminates. In these circumstances you understand and agree that continuation of your service will incur the standard fees as set-out during the sign up process online, unless we hear from you according to the mechanisms outlined in sections 9 and 15 below.

You understand and agree that using our Domain Hosting service(s) with Domains registered by us or an agent other than us will include such domains in our Domain Renewal service that automatically continues as described above, unless we hear from you according to the mechanisms described in sections 9 and 15 below 30 days prior to the date of renewal.

12. Suspension and Termination
We may terminate our contract with you and the provision of the Service(s) at any time by written or electronic mail notice if you are in material breach of any of these terms and conditions including, without limitation, as a result of your failure to make payments of the Fees on the due date, your failure to comply with the policies applicable to your use of the Service(s), or if your use of the Service(s) is in breach of legal requirements or the requirements for acceptable use set out in these terms and conditions and the relevant policies applicable to the Service(s). If we terminate the contract in these circumstances, we shall be entitled to retain any Fees paid in advance by you.

Without prejudice to our right of termination for any breach by you of these terms and conditions, we may also suspend provision of the Service(s) if you are or we reasonably believe that you may be in breach of these conditions, until you cease to be in breach (which, in the case of failure by you to pay the Fees when due, will be until we receive the Fees due from you in cleared funds), or pending investigation into any suspected breach. If an investigation subsequently shows that you are in breach of any applicable policies and/or these terms and conditions, we reserve the right to deactivate your account, terminate our contract and recover from you all costs that may have been incurred as a result of the breach. Deactivation will result in the suspension of the account with the only aspect of the account available being the "My UFCnet " and "Contact Us" sections of the portal, along with 0845 local-rate dialup access that will remain accessible for 21 days.

Certain Services we provide to you are on a subscription-free basis. You are required to show us that you are using such subscription-free Service(s) in order to continue receiving the Service(s) from us. If you do not show to us that you are using the subscription-free Service(s) for any consecutive period of 3 months, we shall be entitled to terminate our contract with you. For the purposes of this paragraph, use of the Service is defined as any one of the following collection of e-mail addressed to your account, the upload of any file to the Web space of your account, dial in access to your account or logging in to the Portal Web site at http://portal.plus.net with your account details.

We also reserve the right to terminate the provision of the Services at any time. We will endeavour to give you 14 days' prior notice of any such termination, but we may not be able to do so if the reason for termination is to enable us to comply with legal requirements. If we terminate in these circumstances, you will be entitled to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis.

Without prejudice to section 10, you may terminate your contract with us at any time by giving us 30 days notice via the cancellation mechanism within the "Contact Us" section of the portal. Your 30 days notice period will commence on execution of the above mechanism. No refunds or part refunds will be given in respect of any Fees paid to us in advance, unless we are in material breach of these terms and conditions (in which case you will be entitled to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis).

You understand and agree that residential "consumer" accounts are not to be used by Business "commercial" users, as described in the Acceptable Use Policy. Part time commercial activities, such as hobby use, are not prohibited when using a residential service. Commercial users using residential services will be given fair and reasonable notice of our intention to upgrade them to the relevant business service 14 days prior to any action being taken by us. You may contact us to approve an update to the business service we deem most appropriate or to inform us of your decision to terminate the service as described in this section. No refunds or part refunds will be given in respect of any Fees paid to us in advance if you choose to terminate your contract in this manner. If no contact is received from the customer as described in this section and section 15, the account will be automatically updated.

13. Cooling Off Period
Under the Consumer Protection (Distance Selling) Regulations 2000, you are entitled to a 7 day 'cooling-off' period, during which you can cancel your account with no obligation. All cancellations must be made via the 'Contact Us' online contact system at the UFCnet Portal wesite ( http://portal.plus.net ).

If your chosen account or service features a 'Free-Trial' period, of a duration agreed during the electronic web-based signup process, this Free-Trial period will act as your 'cooling-off' period in place of the standard 7 days.

You may have other rights granted by law and these terms and conditions do not affect these, except if the two are inconsistent. If this is the case, then these terms and conditions will override any other rights that you may have, unless law does not permit it (Please refer to Section 18 below for further details).

14. Liability
You agree and accept that we are unable to exercise control over the content of the information passing over our connection to the Internet or our network or the Service(s). UFCnet cannot be responsible for the transmission or reception of such information. We are not in a position to monitor how you use the Service(s), and so you agree to indemnify us against any claim that is brought against us, or any costs liability that we incur, as a result of your use of the Service(s).

We accept no responsibility for any action brought against you arising from service misuse. Whilst we endeavour to provide a continuous service, we give no warranty that the Service(s) will be continuously available. You are in a better position than we are to evaluate any potential loss you may suffer by using the Service(s), and to insure if appropriate. Accordingly, our liability to you, whether for breach of contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, is limited to a maximum amount of the Fees you have paid us for the Service(s).

We shall not be liable in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any indirect or consequential loss or damage (whether for loss of profit, loss of business, loss of data, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether or not caused by our negligence or that of our employees, agents or sub-contractors) which arise out of or in connection with our contract.

We also cannot be liable for the quality or accuracy of information received through the Service(s). Nothing in this clause shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent representations. It is your responsibility to carry out computer virus precautions. We will not be responsible for loss arising out of computer viruses, whether they are introduced through our software or otherwise. From time to time, Internet addresses or sites are disconnected or cannot be found. We are not responsible for maintaining sites other than our own.

15. Indemnity
You agree to release, indemnify, and hold UFCnet and it's directors, employees, contractors, agents and affiliates harmless from all liabilities, claims, and expenses, including all and any legal fees and expenses arising from your breach of these terms and conditions or any of UFCnet 's policies relating to the Service(s) provided including, without limitation, infringement by you, or someone else using the Service(s) with your computer, of any intellectual property or other proprietary right of any person or entity. When UFCnet is threatened with suit by a third party, UFCnet may seek written assurances from you concerning your promise to indemnify UFCnet ; your failure to provide those assurances may be considered by UFCnet to be a breach of our contract and may result in termination of our contract.

16. Software
For any software whether induced, extracted or found and which is or is not downloaded by you through the Service(s) you agree that you are solely responsible for registering any software that requires such registration, and paying any regulated charges thereafter, with the relevant software owner.

17. Data Protection
We reserve the right to put names and other information from the order or electronic registration form, into a computerised directory for internal purposes only. Please refer to Section 6 above for further information, including details of our data protection policy, with which you agree to comply. All of the information we hold about you is available for your inspection and correction on the Portal website's "My Control Panel" pages. Please click here for more details.

18. Notices
As already stated in section 9 Suspension and Termination, if you need to give termination notice for any reason, you must do so by using the cancellation mechanism within the "Contact Us" section of the portal. Please note that any notice you give to us will only be considered effective if it is executed through the cancellation mechanism and is taken with effect from when this is done.

19. General Prices
The Fees are inclusive of VAT unless otherwise indicated. We reserve the right to vary the Fees from time to time, although the subscription Fees will remain fixed for the first payment term you sign up for. We will post details of any variations on our portal announcements page that can be found by clicking here . Any such changes will not be effected until your next payment date and details will have been posted to the Announcement Page via email to your default UFCnet e-mail account at least 14 days in advance. If you do not agree to any such varied prices, you will be entitled to cancel our contract, and to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis.

20. Amendments
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions (and the provisions of any policies applicable to the Service(s)) or vary the Service(s) by giving at least 14 days prior notice to the Announcement page and via email sent to your default UFCnet e-mail account. You should also check these terms periodically for changes. Your continued use of UFCnet Service(s) following the posting of changes to these terms and conditions and/or the Service(s) will mean you accept those changes. If you do not agree to any such modified terms, you will be entitled to cancel our contract via the cancellation mechanism within the "Contact Us" section of the portal, and to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis.

21. Governing Law
You and we both agree to submit to the exclusive jurisdiction of the English courts. We both accept that a Court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair, pursuant to some statutory provision. In such cases a Court can enforce the terms and conditions as if the offending clause or clauses had never been contained in them. Should any provision or portion of these terms and conditions be held invalid or unenforceable by a court of law for any reason, it shall be deemed omitted and all other provisions of these terms and conditions shall continue in full force and effect. You attest that you are of legal age to enter into this Agreement

19c East Princess Street
Helensburgh
Argyll & Bute
G84 7DF