Terms & Conditions for using lewesonline.com

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Updated Wednesday 5th December 2007 at 4.23pm

SERVICES AGREEMENT

1 Services The Company agrees (subject to clause 2 below) to provide to the Customer the Services more particularly described in Appendix A (‘ the Services’). The Company agrees to place the ‘Home Page’ created by the Company for the Customer in accordance with this Agreement on the computer server owned or operated by the Company and allow storage of information received from the Customer or from the general public on such server subject to the limits as more particularly described in Appendix A and further agrees to provide those maintenance services described in Appendix A. All Services under this Agreement shall be performed in accordance with the Company’s standard procedures so long as such procedures do not conflict with the express terms of this Agreement. Nothing under this Agreement shall affect your statutory rights and in particular under the Consumer Credit Act 1974 or the Data Protection Act 1998. In this Agreement references to the ‘web site’ or ‘lewesonline’ shall mean all sites at Lewesonline.com (‘the Site’)

2 Fees The Customer agrees to pay to the Company the fees specified in Exhibit A for the Services (‘the Fees’). The Fees are due upon execution of this Agreement unless otherwise provided in Appendix A. Any additional fees shall be invoiced on a monthly basis and shall be paid within 30 days after the date of the invoice.

3 Taxes All payments due hereunder include Value Added Tax.

4 Term This Agreement shall be effective commencing on the date payment of the Fees is received. Either party may terminate this Agreement without notice upon the other party’s breach of any term, condition or obligation hereunder if such breach is not remedied (if remediable) (i) within 10 days from the date of written notice with respect of any monetary obligation and (ii) within 30 days from the date of written notice with regard to any other breach.

5 Customer Responsibilities In addition to the obligations of the customer as otherwise specified in this Agreement, the Customer shall be solely responsible for the following:
(a) the accuracy and content of any information provided by the Customer to the Company;
(b) any information, programs and other information that the Customer receives as a result of the use of the Services, including without limitation, the entire responsibility of any losses of data, programs, breaches of security, viruses and disabling or harmful devices that the Customer may download or otherwise experience as a result of the Customer’s use of the Services; and
(c) the Customer agrees to use the Services in a manner consistent with any and all applicable laws and regulations.
(d) notifying us at least seven days in advance if you intend to change your business details or stop providing any of the goods or services you are offering through the Services.
(e) not to use the Services or the web-site for any fraudulent, immoral or illegal purpose
(f) not to cause any damage or disruption to use the Services or the web-site, nor to alter, process, delete or damage any data or programme thereon without the Company’s prior written permission
(g) not to use the use the Services (including e-cards) the web-site for the distribution of mail to third parties
(h) not cause harm to the reputation of use the Services or the web-site
(i) not to assist or incite anyone to do anything in breach of these terms and conditions
(k) follow the procedures set out in Appendix B
(l) not harm in any way the Google AdSense account with lewesonline.com

6 Ownership All materials, documentation, computer programs, inventions (whether or not patentable), pictures, audio, video artistic works and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret or other property right, created or developed by the Company while providing the Services (collectively, ‘Work Product’) are owned by the Company. The Company shall not be liable to return any artwork or other material supplied by the Customer for the purposes of the Services. The Work Product shall not include the Confidential Information (defined below) of the Customer. If ownership of all right, title and interest of the intellectual property rights in the Work Product shall not otherwise vest exclusively in the Company, the Customer hereby assigns to the Company and upon the future creation thereof automatically assigns to the Company without further consideration, the ownership of the Work Product.

7 Limited Warranty The Company warrants that the coding at Lewesonline.com shall be reasonably HTML-COMPLIANT. Notwithstanding the foregoing the sole and exclusive remedy for a breach of the warranties contained in this section shall be that the Company shall replace the nonconforming coding to make the Site reasonably HTML-compliant. The Customer acknowledges that HTML is an industry standard that contains some ambiguous provisions and that does not completely address all issues associated with the coding of the Site accessible via the World Wide Web. The Customer also acknowledges that HTML is a standard that will be amended from time to time and that not all ‘browsers’ used by third parties to access the World Wide Web implement HTML in the same way. Variations in HTML coding associated with ambiguities or revisions to the HTML standard or variations among World Wide Web browsers shall not be the basis for a claim of breach of the Company’s warranties under this Agreement. The warranties described in this Clause 7 are subject to the limitations of liability described in Clause 8. Except as provided in this section, the Company does not make any express or implied warranties with respect to the services or any products provided under this Agreement including, but not restricted to, the implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to the Customer.

8 Limitation of Liability In no event (death or personal injury excepted) will the Company be liable to the Customer for any indirect, incidental or consequential damages arising out of the Services or any products provided under this Agreement, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the Customer. The Company’s liability to the Customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to the Fees paid for the relevant Service.

9 Limitations of Service Unfortunately computers need routine maintenance and sometimes breakdown; also, the Company cannot control the timing or volume of attempts to access the Company’s server. As a result, the Company does not guarantee that the Customer or any third parties will be able to access the Home Page created by the Company at any particular time. Company access services are provided on an ‘as-is, as-available’ basis.

10 Confidential Information
(a) Each party hereto (i) shall use the same care and discretion, but in no event less than reasonable care and discretion, to prevent disclosure, publication or dissemination of the other party’s Confidential Information (defined below) as it employs with similar information of its own and (ii) shall not use, reproduce, distribute, disclose or otherwise disseminate the Confidential Information except in connection with the performance of its obligations under this Agreement.
(b) As used herein the term ‘Confidential Information’ means any and all data and information relating to the business of the disclosing party (i) of which the receiving party becomes aware as a consequence of or through this Agreement; (ii) which has value to the disclosing party and is not generally known by its competitors; (iii) which is treated by the disclosing party as confidential and (iv) which has been reduced to tangible form and marked clearly and conspicuously with a legend identifying its confidential or proprietary nature, provided, however, that Confidential Information does not include any data or information which is already known to the receiving party, or which (1) has become generally known to the public through no wrongful act of the receiving party; (2) has been rightfully received by the receiving party from a third party without restriction on disclosure and without, to the knowledge of the receiving party, a breach of an obligation of confidentiality running directly or indirectly to the other party hereto; (3) has been disclosed pursuant to a requirement of a governmental agency or of law without similar restrictions or other protection against public disclosure, or is required to be disclosed by operation of law; (4) is independently developed by the receiving party without use, directly or indirectly, of the Confidential Information received from the other party hereto; or (5) is furnished to a third party by the disclosing party hereunder without restrictions on the third party’s right to disclose the information. Confidential Information may include, but is not limited to, information relating to the products, processes or financial affairs of the disclosing party.
(c) The Company gives no warranty as to the accuracy of the information available on or via lewesonline
(d) The Company will endeavour to reproduce images for paid lewesonline Services only on lewesonline but gives no warranty as to their quality or that they will be reproduced in any particular format or density and the Customer accepts that such images are reproduced entirely at its own risk
(e) The Customer warranties that all material it submits to the Company for publication on lewesonline is produced with the valid permission of the owner or licensee and the Customer indemnifies the Company for all liability and loss in respect thereof

11 Data Transmission The Company may collect, hold, control, use and transmit data obtained from and about you in the course of your using the Services and the lewesonline web site. By signing the Services Agreement you agree to such data being so used and further agree that it may be transmitted to others in accordance with our registration under the Data Protection Act 1998. Should you wish to access personal data relating to you this can be made available on giving us a written request and paying a fee of £10 There are also facilities to enable you to update or change your personal data on line

12 General Disclaimer
(a) The Company is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, the Company makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of the Company howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
(b) Neither the Company nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
(c) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights the Customer may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the Company liability to the Customer for death or personal injury resulting from our negligence or that of our employees or agents
(d) Any land or interest in real property, whether freehold, leasehold or otherwise whatsoever, is sold by the persons advertising it for sale on lewesonline and the Company makes no representation warranty or guarantee as to the accuracy of the information advertised or the state and condition of the property or the validity of the title to such property. Any buyer purchases such property entirely at the buyer’s own risk and must rely on the buyer’s own survey, inspection, enquiries, searches and legal advice as to the efficacy of the purchase.
(e) Any vehicle or other item of whatsoever nature or interest therein is sold by the persons advertising it for sale on lewesonline and the Company makes no representation warranty or guarantee as to the accuracy of the information advertised or the state and condition of the vehicle of other item or the validity of the title thereto. Any buyer purchases such vehicle or other item entirely at the buyer’s own risk and must rely on the buyer’s own survey, inspection, enquiries, searches and legal advice as to the efficacy of the purchase.

13 Material Submitted or Contained on lewesonline
(a) The Company reserves the right in its absolute discretion to refuse to accept any order or material for publication whatsoever on lewesonline and in particular (but not only) may refuse to publish pornographic material, material likely to incite racial or religious hatred or any other material which the Company may find offensive
(b) The Company does not guarantee or make any warranty whatsoever that the material published on lewesonline or any site to which lewesonline is linked or connected is accurate, truthful or complete and the Customer of such material views and uses such material entirely at the Customer’s own risk
(c) This Agreement is subject to the Company’s privacy policy, the current version of which is annexed at Appendix B hereto. The Company reserves the right to change its privacy policy at any time.

14 Links
(a) The Company does not guarantee that the Customer or any viewer will be able to access any other site by virtue of any hyperlink contained in lewesonline or that if such access resulted in a connection that the Customer or viewer will be able to view such site
(b) The Company accepts no liability of any kind in respect of any material found as the result of using any links and the Customer indemnifies the Company for all liability and loss in respect thereof where the Customer has requested such links to be inserted

15 Suspension of Service The Company reserves the right to suspend the Services and/or lewesonline or any part of them at any time and for any reason

16 Entire Agreement This agreement contains the entire understanding between the parties with respect to the products and services to be provided by the Company and no representations, statements or inducements, oral or written, not contained herein shall bind either party.

17 Non-disclosure of Terms Except pursuant to court order or as otherwise required under judicial or regulatory proceedings, neither party shall disclose the existence or the terms and conditions of this Agreement without prior written consent to the other party.

18 Force Majeure Neither party shall be liable to the other if its performance of its obligations under this Agreement (other than an obligation to pay money) is prevented or hindered due to any circumstances outside its control.

19 Miscellaneous Should any part of this Agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect. This Agreement is governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdictions of the courts of England and Wales. This Agreement shall be binding upon and inure to the benefit of each party and their respective heirs, successors and assigns.

APPENDIX A
Lewesonline.com is a community website for residents, businesses, services and organisations in and around Lewes in East Sussex in the United Kingdom.Listing, Webpages accounts and Freepages accounts are only available to members of lewesonline.com.
• Lewesonline.com enables the above (for an annual fee) to be online (i.e. part of Lewesonline.com) via lewesonline Webpages accounts.
• Lewesonline.com enables businesses, services, clubs, societies and organisations to be online (i.e. part of Lewesonline.com) via lewesonline Freepages accounts which contain lewesonline and Google AdSense advertising. There are no charges for Freepages accounts, i.e they are free.
• Lewesonline.com offers a free listing in one of the online directories for businesses, services and organisations in the town of Lewes in East Sussex in the United Kingdom.
• All the services offered are accessed via the Lewesonline.com homepage and the other website pages within Lewesonline.com.
• A lewesonline ‘Free listing’ is only available to businesses, services and organisations in Lewes. Each business, service and organisation is limited to one free listing throughout the complete website. It can be placed in any one of the business directories.
• A lewesonline ‘Webpages account’ is available to every business, service, club, society and organisation in and around Lewes. It is paid for annually. There is a limit of 1 (one) ‘Webpages account’ per business, service, club, society or organisation throughout lewesonline.com.
• 1 (one) lewesonline ‘Freepages’ account is available to every business, service, club, society and organisation in and around Lewes. There is no annual fee and accounts include a choice of templates, colours, mastheads, five web pages and a gallery page. No email support is provided for Freepages accounts. Please use the message boards. Customers may only have one Freepages account per business, service, club, society or organisation throughout lewesonline.com.

APPENDIX B
1. Registering and information
1.1 When registering with lewesonline for obtaining Services You agree to provide true, accurate, current and complete information about You as a user of Services ("User Information"), and to keep lewesonline updated of any changes to the User Information.
1.2 You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use and you confirm and represent that you are located in or around Lewes, East Sussex, United Kingdom. lewesonline reserves the right to suspend provision of the Services or terminate Your account (including user name and password) if any User Information is untrue, inaccurate, out-of-date or incomplete.

2. Provision of the Services
2.1 In consideration of You being our customer lewesonline agrees to provide You with the Services.
2.2 lewesonline reserves the right in relation to the Services to control, direct and establish technical procedures for the use of lewesonline or the Services and You agree to follow our instructions or procedures with respect to Your use of the Services.
2.3 lewesonline shall have no obligation to inspect the content and material in Your advertisement files and e-mails and the like or to verify Your compliance with these Terms or with any applicable laws, regulations or codes. lewesonline reserves the right to itself inspect or to grant access to any relevant item or materials for inspection by any relevant authority in the event of any breach or purported breach by You of these Terms.

3. lewesonline shall be entitled;
3.1 to modify, suspend or discontinue, temporarily or permanently, lewesonline or the Services at any time at lewesonline’s absolute discretion without notice to You and You agree that lewesonline shall not be liable to You or any third party for any such modification to suspension of or discontinuance of lewesonline’s Services;
3.2 to change Your username and/or password on notice to you at any time at our absolute discretion.
3.3 vary these Terms at its sole discretion at any time. You will be notified of any material changes by e-mail or by posting on lewesonline’s Service and any such changes shall be deemed to have been accepted by You if You continue to use lewesonline’s Services after a period of seven days from the date of the said e-mail or posting. lewesonline reserves the right to terminate Your account immediately without further notice, if You do not accept any such changes.

4 Your use of lewesonline’s Services
4.1 You are responsible at all times and in all respects for all materials, items or content in whatever form published by You in connection with Your use of lewesonline’s Services ("Your Content").
4.2 You hereby undertake that You will comply with the Acceptable Use Policy, which is hereby incorporated into this agreement as if it was set out in this document in its entirety.
4.3 You are responsible for retaining your own back-up copies of all Your Content. lewesonline shall under no circumstances be liable for any loss, damage, costs, expenses or other claims for compensation arising from any data, file or material being damaged, corrupted or lost.
4.4 You are responsible for procuring and maintaining all equipment, software and communication lines (other than forming part of the Services) which are required by You properly to access the Server and You acknowledge that You are liable for the payment of all and any additional charges in connection with Your use of the Services.
4.5 You acknowledge that neither lewesonline’ or lewesonline’s Services were designed and produced to Your requirements.
4.6 You acknowledge that whilst lewesonline takes reasonable security measures as part of the Services, the Servers are not warranted to be secure and accordingly lewesonline does not and cannot guarantee or warrant the privacy of any information stored on its server.
4.7 You agree that all Freepages accounts will contain lewesonline and Google AdSense advertising and you agree not to click on or 'Click Bomb' Google AdSense adverts. You also agree not to add any content that may contravene any of the Google AdSense terms of use, to your Freepages account.
4.7a You agree that all Webpages accounts will contain lewesonline advertising.
4.8 You may not, under any circumstances add any form of advertising code (such as Google Adsense) or otherwise to your Freepages or Webpages account pages.
4.9 The following rules apply while using the lewesonline Freepages and Webpages accounts:
4.9a Pornographic, obscene, nude, graphically violent, and other inappropriate content is strictly prohibited.
4.9b Members will be held legally responsible for the contents of their Freepages and Webpages accounts including but not limited to use of copyrighted material without the permission of the author or posting material considered indecent for minors. The use of Freepages or Webpages accounts for illegal purposes is strictly forbidden and any Freepages or Webpages accounts found to be or believed to be, in the Companies sole discretion, violating the law may be removed without notice. Lewesonline membership will be revoked if any of the following activities occur:
4.9b1 Adult or Pornographic related
4.9b2 Hate, Bigotry, racial intollerence, blackmail and/or Intolerance
4.9b3 Warez or Software Piracy related
4.9b4 Music Piracy Related
4.9b5 Hacking Related
4.9b6 Making available copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed)
4.9b7 Making available serial numbers for software which can be used to illegally validate or register software.
4.9b8 Making available tools which can be used for no purpose other than "cracking" software.
4.9b9 Spamming to promote your website
4.9b10 Anything related to illegal activity
4.9c Only .jpg and .gif files may be uploaded to a Freepages or Webpages account. Other file types will be deleted without notice.
4.9d You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Lewesonline reserves the right to remove Content which is deemed in the Companies sole discretion harmful, offensive, or otherwise in violation of the Rules or any rules or policies Lewesonline has in place at the time.
4.10 You agree to add at least one full page of text (relevant to your business, service, club, society or organisation) to your Freepages account and not just a website and/or email link. Failure to do so may lead to removal of your Freepages account.

5. Please refer to our Privacy Policy for details of how we use the data and information you provide.

6. Technical Support
6.1 lewesonline uses its reasonable endeavours to provide You with technical support via E-mail on a 24 hour a day seven day a week basis limited to addressing problems experienced with accessing and using lewesonline’s products and services.
6.2 lewesonline does not have a minimum response time to any particular query nor does it guarantee to provide answers for any query. However, lewesonline endeavours to respond to any queries submitted using the forms within the Contact sections of its products, within 48 hours.

7. Disclaimer of Warranties/Limitation of Liability.
7.1 lewesonline uses its reasonable endeavours to provide You with continuous Services but lewesonline makes no warranty or representation that the Services will be, uninterrupted or secure. You acknowledge that neither lewesonline nor any other party has any control over the Internet.
7.2 lewesonline make no warranties or representations of any kind either express or implied in relation to the Services including but not limited to warranties or conditions of completeness, accuracy, satisfactory quality, merchantability and fitness for a particular purpose. lewesonline specifically makes no warranty or representation as to the accuracy of any information obtained by You through the Internet.
7.3 Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into this Agreement by law or otherwise are hereby expressly excluded to the extent permitted by law.
7.4 lewesonline is not liable and shall not be liable under any circumstances, for any indirect, incidental, special, punitive or consequential loss or damages which result or may result from Your use of the Services (included but not limited to deletion or loss of files, defects or delays in transmission or any failure of the Servers or the Internet) or Your access to the Internet or use thereof for any purpose whatsoever, or for any reliance on or use of information, services or goods purchased on or through the Services or the Internet. In respect of direct loss, lewesonline’ maximum aggregate liability under these Terms shall be limited to the charges paid by you under Your Agreement with lewesonline.
7.5 lewesonline shall under no circumstances be liable for any unauthorised access to, or alteration, theft or destruction of any of Your e-mails by any person through accident or by fraudulent means or devices even if such access occurs as a result of our own negligence.
7.6 lewesonline reserves the right to amend or remove material from the Site in its absolute discretion without giving any reason therefore.

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