Terms and Conditions

Use of any YesIT/Yes Computers & IT Internet related services are deemed to be bound by the following Terms and Conditions.

Acceptable Use Policy

The Internet is an emerging communications technology where national and international standards of use, data protection conventions, direct marketing codes of practice and established commercial practices are still being defined.

We require you not to:

1. 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 do not do this.
2. Use our network in any way to send unsolicited commercial email or 'spam' - if you send mail which is unsolicited and commercial then YesIT/Yes Computers 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.
3. If you have any doubts about whether a particular email is 'spam' and therefore in breach of our acceptable use policy or wish to report abuse of our acceptable use policy, please email abuse@YesIT.co.uk and we will advise you.

We require you to:

1. Respect the privacy, feelings and resources of your fellow internet users.
   
   YesIT/Yes Computers retains the absolute right to disconnect any user from its Internet Access Service where YesIT/Yes Computers considers the user to be contravening its acceptable use policy or any other aspect of its full terms and conditions listed below. YesIT/Yes Computers reserves the right to alter its Acceptable Use Policy without prior notification.

Core Conditions of Use

Internet Access

1. All information relating to the customer collected by YesIT/Yes Computers whilst providing the service shall be confidential between the customer and YesIT/Yes Computers, excepting that YesIT/Yes Computers at its discretion may use data about use of the service by the customer as part of any report or publication without revealing the customer's identity.
2. The customer shall not use or allow use of the service in any manner or purpose unlawful or offensive.
3. The customer shall notify YesIT/Yes Computers immediately upon becoming aware of any failure or malfunction in the Service. YesIT/Yes Computers will correct any failure or malfunction in the Service as soon as is reasonably practicable. The customer recognises that the service is not guaranteed to be continuous and that there may be periods of time when the service is unavailable for operational or other reasons.
4. The following facilities are provided as part of the Internet access provided with this service:
   1. Unlimited (POP3) email accounts.
   2. 25Mb of web server space, for Deluxe Dial Up customers, and 250Mb of web server space for Server Aliasing Plus (SAP!), to publish your own web pages with full FTP access to allow you to modify your own web page.
   3. A maximum file transfer of 25Mb at any one time is allowed.
   4. The maximum data transfer per month is 1Gb for deluxe Dial Up customers and 10Gb for SAP! customers.
5. 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 YesIT/Yes Computers Internet Access Service lie between the user and their telephony service provider not YesIT/Yes Computers. The charges for the users local rate 0845 calls will appear on the bill received from their telephony service provider.
6. 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 unsolicited commercial email or "spam".
7. YesIT/Yes Computers will not permit FTP access to the users web site or POP3 access to their e-mail from outside of its network. Furthermore direct SMTP connections from outside YesIT/Yes Computer's network will also be barred.
8. Where a user has not been online with YesIT/Yes Computers for 60 days, and where no payment has been received covering that period, YesIT/Yes Computers will deactivate and remove the account, including email addresses and web space from its service. Directory names and email addresses will become available to other users.
9. Users may dial in using analogue phones at speeds up to 64k using ISDN and up to 128k using ISDN2.

Liabilities

1. As the Internet Access Provider, YesIT/Yes Computers 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 offence in any other way. YesIT/Yes Computers 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.
3. YesIT/Yes Computers will take every reasonable step possible to ensure a fast and reliable service. YesIT/Yes Computers 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.
4. The user agrees to indemnify YesIT/Yes Computers from any claims for damages or expenses and from any legal proceedings arising from the use of the service which are brought or threatened against it.
5. In the event that the customer is in breach of the Agreement, provision of the service to the customer shall be suspended forthwith by YesIT/Yes Computers until further notice. Suspension of the service will entitle YesIT/Yes Computers to payment on demand of all amounts owed by the customer under the Agreement whether already invoiced or not. The customer shall pay YesIT/Yes Computers all reasonable costs associated with such suspension of the service and subsequent reconnection if it occurs.
6. In no event shall YesIT/Yes Computers be liable to the customer for any incorrect or spoiled data or information, howsoever caused and even if foreseeable by YesIT/Yes Computers.

Responsibilities

1. The customer undertakes to provide to YesIT/Yes Computers free of charge any information reasonably required by YesIT/Yes Computers in order to fulfill its obligations under the Agreement.
2. YesIT/Yes Computers is responsible for providing the user with an Internet Access Service, including the specified email and web space service which does involve the user in the payment of any monthly or annual fee, other than their local rate call charges, for the defined service.
3. 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 user's account will be recorded electronically and only used in accordance with the Data Protection Act 1984.

Software

Any software provided by YesIT/Yes Computers in relation to its Internet services is provided free of charge and the end user is responsible for registering any software that requires such registration.

Alterations to Terms and Conditions

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

Without prejudice to their rights under the Agreement expressed or implied the customer or YesIT/Yes Computers 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 fault within a reasonable time.

YesIT/Yes Computers 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 1998

YesIT/Yes Computers & IT