Last updated 25/05/2015
Agreement between you and Homepages Online
This website is owned and operated by Homepages Online. Homepages Online’s services are comprised of various software, services, systems, technology, tools and websites together with updates and improvements thereto as may be made available by Homepages Online from time to time (the “Services”). Homepages Online hereby grants you access to these Services conditional upon your agreement to accept the application of the laws of England and Wales to govern matters between us in relation to the Services. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this agreement to use the Services in accordance with the Terms. Your use of the Services constitutes your agreement to all such Terms.
Homepages Online shall be entitled to vary the Terms under which the Services are offered, including but not limited to the charges associated with the use of Services and you agree to be bound by the new Terms by your use of the Services after the implementation date for the new Terms. You acknowledge that you are responsible for reviewing the latest terms of any agreement made available to you from within, or through, the Services.
As a part of the Services you may register to establish an account (the “Account”). You warrant to Homepages Online that you (the “Account Holder”) are a UK resident and will not create more than one Account. You agree to not register a username that is offensive nor in any way represents any trademarks or brand names. Homepages Online reserves the right to refuse membership at Homepages Online’s sole discretion. You agree to respond promptly and accurately to any contact regarding your Account and you agree to provide all reasonable information and assistance required. Homepages Online reserves the right to terminate or disable an Account at its sole discretion, including without limitation:
(a) if a serviceable email address is not provided;
(b) in the event of fraudulent, abusive or other activity Homepages Online determines to be unfair;
(c) if you do not log into your Account at least once every 6 months;
(d) anything else deemed by Homepages Online to be abnormal use.
Links to third party sites
The Services may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of Homepages Online and Homepages Online is not responsible for the availability or content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Homepages Online is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Homepages Online of the website or any association with its operators.
No unlawful or prohibited use
As a condition of your use of the Services, you warrant to Homepages Online that you will not use the Services for any purpose that is unlawful or prohibited by the Terms. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services. You agree to keep all information provided by you complete, accurate and current and you agree that you will keep it so during the term of this agreement. You agree that you are personally responsible for the use of any account you use to access the Services and the secrecy from third parties of any identification, passwords and other confidential information relating to your account. You agree to notify Homepages Online immediately of any known or suspected unauthorised use of your account or breach of security, including without limitation loss, theft or unauthorised disclosure of your password or other security information You may not interfere with the operation of the Services or use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not (nor will you authorise, enable, permit or otherwise facilitate any third party to) reverse engineer, decompile, or disassemble the whole or any part of the Services or anything derived therefrom. You acknowledge that Homepages Online may change the usage restrictions at any time if required to keep the Services usable. You acknowledge and agree that Homepages Online may stop providing the Services or any part of the Services without prior notice. Homepages Online reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Homepages Online’s sole discretion.
You acknowledge and agree that all Intellectual Property Rights in and to the Services are owned and/or controlled and/or used under licence by Homepages Online and nothing in this agreement shall constitute an assignment of such rights by Homepages Online to you or any person. You acknowledge that all Intellectual Property Rights including any pre-existing works and derivative works of Homepages Online remain the proprietary property of Homepages Online. Homepages Online shall grant you a gratuitous, non-exclusive licence to display the works that Homepages Online creates for you and shall grant you a non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Services for the sole purpose of enabling you to use the Services in the manner permitted by the Terms for the term of this agreement. You may not rent, lease, sell, sub-licence the whole or any part of the Services, including any accompanying printed materials. You undertake to notify Homepages Online as soon as you become aware of any possible infringement by any person of any Intellectual Property Rights owned and/or controlled and/or used under licence by Homepages Online and to provide such assistance as may be reasonably requested by Homepages Online in respect of such infringements.
Materials you provide
Homepages Online does not claim ownership of the materials you provide to Homepages Online (including without limitation any images, text, data, photographs, graphics, logos, links, audio clips, audio files, chat video clips, web casts, animations, feedback, or suggestions) or post, upload, input or submit to any Services (the “Submissions”). However, by posting, uploading, inputting, providing or submitting the Submissions you are granting Homepages Online, its affiliated companies and necessary sub-licensees permission to use the Submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions. By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You agree to use the Services only to provide, post, upload, input or submit Submissions that are proper and related to the particular Service. By way of example, and not as a limitation, you agree that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
(d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
(e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Service specifically allows such messages;
(f) conduct or forward pyramid schemes or chain letters;
(g) conduct or forward surveys or contests, unless such Service specifically allows such material;
(h) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(i) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(j) restrict or inhibit any other user from using and enjoying the Services;
(k) violate any code of conduct or other guidelines which may be applicable for any particular Service;
(l) harvest or otherwise collect information about others, including email addresses, without their consent; or
(m) violate any applicable laws or regulations.
Homepages Online has no obligation to monitor the Submissions. However, Homepages Online reserves the right to review the Submissions and to remove any Submissions, in whole or in part, at Homepages Online’s sole discretion.
The Services are provided “as is” and “as available”, and Homepages Online makes no express or implied representations or warranties, including without limitation, regarding the usability, condition, accuracy, quality, purpose, non-infringement, compatibility, security or accuracy or operation thereof. To the maximum extent permitted by law, in no event shall Homepages Online be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profits or business interruption arising out of or in any way connected with the use or inability to use the Services. You shall indemnify and hold harmless Homepages Online together with its parents, subsidiaries, affiliates, directors, employees, officers and partners from any action, claim or demand that may be brought against Homepages Online by a third party or any other adverse consequence of any breach of this agreement or other liabilities arising out of your use of the Services. If you are dissatisfied with any portion of the Services, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Services. Should any provision of any Terms that Homepages Online may enter with you be void, voidable or unenforceable on grounds of illegality or as contrary to statute, public policy or ordre public such provision shall be deemed never to have formed part of that agreement and all other provisions shall remain in force. Homepages Online may cede, assign and delegate all or any of its rights and obligations in the Terms to any third party. Notwithstanding contrary clauses in the Terms, in the event that Homepages Online is deemed liable to you for breach of the Terms, you agree that Homepages Online’s total aggregate liability to you for any claim in breach of contract, tort, negligence or otherwise arising out of or in connection with this agreement and the provision of the Services shall be limited to the price paid by you in respect of the Services which are the subject of any such claim and provided that you notify Homepages Online of any such claim within 1 year of it arising. All indirect and consequential losses are excluded.
Homepages Online reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. Upon termination of the Terms Homepages Online shall be entitled immediately to block your use of the Services, to remove all your content from the Services and to immediately delete all such data. Upon termination you will immediately cease use of the Services. Homepages Online shall further be entitled to post a notice in respect of the non-availability of your Services as Homepages Online thinks fit.