Terms and Conditions
Last Updated on Thursday, 28 May 2009 15:15
They govern the relationship between us, in making available to you the Broadband service, and you, our customer.
Please read them carefully as they contain important contract rights and obligations between you and BeyonDSL, as well as important limitations to those rights. In particular your attention is drawn to paragraph 7 - Unacceptable Use.
In an attempt to explain legalese in something approaching English, we also prepared a commentary. But our lawyers made us point out that these full Terms and Conditions are the proper legal agreement. So you have to agree to accept these before you can read the commentary - and that's why you can't find where the commentary is before you read through them.
All visitors to this site must agree to our Privacy Policy, which applies to the information which our viewers, visitors and customers make available to us by visiting this site and/or signing up for one of our services.
If your application is accepted, agreement to these terms and conditions is required to use the Service.
Terms and Conditions Index
Interpretation
Duration of Contract
Service Provision
Internet
Charges and billing
Restrictions on Use
Unacceptable Use
Username(s) and Password(s)
Software
Other
Breach of Contract
Termination of Contract
Indemnity
Giving Notice
Entire Contract
Law and Jurisdiction
1. Interpretation
In this Contract unless the context otherwise requires:
“BeyonDSL” means BeyonDSL.net Limited, whose registered office is at 17 Cottesbrook Close, Colnbrook, Berks, SL3 0JE, or any subsidiary of BeyonDSL.
“Charges” means the charges payable by the Subscriber, details of which are publicised at the URL http://www.beyondsl.net
“Content” means any data, information, graphics, video, sound, music, photographs, software and any other material (in whatever form), which may be made available to Subscriber as part of the Service.
“Contract” means these terms and conditions and any documents referred to in them the Registration and Payment Form including the Charges for the Service.
“MAC address” means the MAC address of the receive device the Subscriber uses to access the Service as described to BeyonDSL in the Registration and Payment Form.
“Registration and Payment Form” means the online registration and payment form located at the URL http://www.beyondsl.net, which Subscriber completes.
“Service” means the OPENSKY™ services (including any restrictions on its use), a broadband satellite outbound overlay to an existing Internet access method as described at the URL http://www.beyondsl.com, or the ASTRA2Connect services (including any restrictions on its use), a method of accessing the Internet as described at the URL http://www.beyondsl.com, or such other service as BeyonDSL may offer, such Service may change from time to time.
“The Broadband Service Provider” means the company that makes available the service.
“BROADBAND Software” means any software that may be provided by BeyonDSL or the Broadband Service Provider to enable Subscriber to access or use the Service.
“Start Date” means the date when the Subscriber agrees to be bound by these Terms and Conditions by clicking on the send button on the Registration and Payment Form.
“Subscriber” means the person with which BeyonDSL makes this Contract.
2. Duration of Contract
2.1 The Contract shall start when Subscriber sends the Registration and Payment Form to BeyonDSL by clicking on the send button on that form. Subscriber is deemed to be bound by these Terms and Conditions when Subscriber transmits the Registration and Payment Form to BeyonDSL.
2.2 The Contract will continue for a minimum of 12 months and there continue on a month by month basis thereafter unless terminated by BeyonDSL or Subscriber under the terms of the Contract.
2.3 To use the Service the Subscriber must have completed the Registration and Payment Form and have been notified by BeyonDSL that Subscriber has been accepted to use the Service. The information that Subscriber provides on the Registration and Payment Form shall be true, accurate and complete. Subscriber agrees to inform BeyonDSL of any changes to Subscriber's Registration Details immediately via admin @ beyondsl.net
3. Service Provision
3.1 Provision of the Service is dependent upon a satisfactory installation and activation. Completion of the Registration and Payment Form does not mean the Service can be successfully activated or that the Subscriber's application has been accepted.
3.2 BeyonDSL agrees to provide Subscriber with the Service on the terms and conditions of this Contract and in performing BeyonDSL's obligations under this Contract BeyonDSL will exercise the reasonable care and skill of an Internet Service Provider.
3.3 Subscriber is responsible for providing a suitable internet connection, computer - IBM compatible (“PC”), receive device, satellite receive dish, cabling and any other items of equipment necessary to enable Subscriber to access and use the Service. Subscriber must ensure that any equipment or services connected to or used with the Service is used in accordance with any instructions and safety procedures provided by the suppliers of that equipment and services.
3.4 The Service is intended to be used by a single user on a single PC. The Subscriber agrees to be the sole user of the Subscriber's account and to access the Service using a single PC.
3.5 Subscriber agrees that in order to receive the Service some modifications may need to be made to Subscriber's PC and its operating software to make it operate with the Service. As with any installation of new hardware or software a full back up of the software (including operating software) on the PC should be made before any changes to that software are made. BeyonDSL hereby excludes liability for any claims, loss, demands or damage of any kind whatsoever with respect to the Service, including, without limitation, direct, indirect, incidental, or consequential loss or damages, whether arising from loss or profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to BeyonDSL.
3.6 BeyonDSL expressly disclaims any and all warranties express or implied, to the extent permitted by applicable law, including without limitation satisfactory quality, fitness for particular purpose with respect to the Service. Nothing in this Contract removes or limits BeyonDSL's liability for death or personal injury or fraud caused by something BeyonDSL has done or has failed to do.
3.7 BeyonDSL cannot accept any responsibility for any defects, errors or faults in the Service but will endeavour to correct reported faults as soon as reasonably possible. The Service is distributed on an “as is” and “as available” basis without warranties of any kind, either express or implied.
3.8 Subscriber acknowledges and accepts that the maximum speeds described in the description of the Service may be reduced by contention at peak times within the Broadband Service Provider network.
3.9 The Service may be suspended for operational reasons (such as maintenance or upgrades) or because of an emergency. Before suspending or interrupting the Service BeyonDSL will give Subscriber as much notice as is reasonably possible. BeyonDSL will restore the Service as soon as possible after any suspension.
3.10 For operational reasons, BeyonDSL may have to alter technical specifications associated with the Service but before doing so will give Subscriber as much notice as possible.
3.11 BeyonDSL may give Subscriber instructions concerning the use of the Service and Subscriber agrees to observe such instructions as are issued.
3.12 Any Content or other service provided by BeyonDSL on a subscription basis via the Service will cease when this Contract is terminated.
4. Internet
4.1 BeyonDSL is not liable whether in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications services of for the faults in or failures of their networks and equipment.
4.2 Subscriber agrees that BeyonDSL has no control over the information that can be accessed by using the Service, and that BeyonDSL does not control the use to which Subscriber puts the Service or the nature of the information Subscriber is sending or uploading.
4.3 The Service provides the Subscriber with an ability to use the internet. The internet is separate from the Service and use of the Internet is at Subscriber's own risk and is subject to any applicable laws. BeyonDSL has no responsibility for any goods, services, information, software, or other materials obtained by Subscriber when using the Internet.
4.4 Subscriber also acknowledges that data transmitted via the Internet may be protected by third party rights, including inter alia, intellectual property rights. Subscriber is solely responsible for the data Subscriber consults and transfers via the Internet, and Subscriber may not transmit data that violates or may violate any third party's rights.
4.5 Subscriber hereby acknowledges and agrees that the Internet is not a secure network, in particular regarding data transmissions. Accordingly, BeyonDSL does not warrant the integrity, authentification and confidentiality of the information, files and data subscriber exchanges via the Internet. Subscriber is responsible for taking all appropriate steps to protect Subscriber's data and/or software from corruption, virus contamination or intrusion in Subscriber's computer.
5. Charges and billing
5.1 Charges will begin on the Start Date.
5.2 Subscriber agrees to pay the Charges for the Service as described in the Registration and Payment Form.
5.3 Continued access to the Service will incur a monthly charge payable on the Start Date and monthly thereafter by the method chosen by Subscriber on the Registration and Payment Form. The monthly charge is as described on the Registration and Payment Form, this charge may vary from time to time.
5.4 Unless stated otherwise, all Charges for the Service are inclusive of Value Added Tax.
6. Restrictions on Use
6.1 Subscriber must not re-sell or attempt to re-sell the Service.
6.2 Subscriber will not use the Service in a way that does not comply with the terms of any legislation or any license applicable to Subscriber or BeyonDSL or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
6.3 Subscriber agrees that BeyonDSL may vary the Content from time to time.
6.4 The Content may only be used for Subscriber's own purposes and is protected by copyright, trademark and other intellectual property rights. Subscriber must not and must not permit anyone else to copy, store, adapt, modify, transmit, distribute externally, play or show in public broadcast or publish any part of the Content.
6.5 BeyonDSL does not guarantee the accuracy or completeness of the Content and Subscriber's use of the Content (for whatever purpose) is at Subscriber's own risk.
6.6 Additional terms and conditions may be displayed online or elsewhere relating to particular Content. If Subscriber chooses to access such Content Subscriber will need to comply with such additional terms and conditions.
7. Unacceptable Use
7.1 BeyonDSL reserves the right to refuse the Service and terminate this Contract, without liability, if the Subscriber, or anyone using the Subscriber's account, uses the service:
(i) fraudulently or in connection with a criminal offence;
(ii) in an unlawful manner, in contravention of any applicable legislation or license;
(iii) in a way that does not comply fully with any instructions that BeyonDSL has given Subscriber;
(iv)in such a way that degrades the Service to other Subscribers, as determined by BeyonDSL;
(v) in such a way that is uneconomic for BeyonDSL;
(vi) to cause annoyance, inconvenience or needless anxiety;
(vii) is in breach of one of the following prohibitions :
transmission of any data which is prohibited, illegal or contrary to international public order, such as, but not limited to, pornography, paedophilia, fascist and/or terrorist related information;
hacking or any attempt to illegally use, manipulate, or appropriate data or information via the Internet, including, but not limited to, breaking security of any online systems, such as, without limitation, e-commerce Internet sites, financial institutions, and any other activity prohibited by law.
(viii) to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(ix) to send or procure the sending of any unsolicited advertising or promotional material;
(x) to send knowingly any material which contains software viruses or any computer code, files or programmes designed to interrupt, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
or if BeyonDSL considers, in its sole discretion, that the Subscriber's use of the Service is in any other way unacceptable as determined by BeyonDSL.
7.2 BeyonDSL shall be entitled to monitor the Subscriber's use of the Service and to modify, edit or remove any material the Subscriber is sending or receiving using the Service entirely in BeyonDSL's sole discretion.
7.3 If the Service is used as described above, BeyonDSL will regard Subscriber as in breach of contract and will enforce the terms of paragraph 11 - Breach of Contract.
7.4 Subscriber will indemnify BeyonDSL against any claims or legal proceedings that are brought or threatened against BeyonDSL because the Service is used in breach of paragraphs 7.1 and 7.2. Subscriber will notify BeyonDSL of any such claims and keep BeyonDSL informed as to the progress of such claims.
8. Username(s) and Password(s)
8.1 In order to use the Service Subscriber will be issued with unique user name(s) and password(s). Subscriber is responsible for the security and proper use of all user names and passwords relating to the Service and must take all necessary steps to ensure that the usernames and passwords are kept confidential, secure and used properly.
8.2 Subscriber must not change or attempt to change a user name or to circumvent or attempt to circumvent any of the safeguards of the Service. If Subscriber forgets the issued password, a new password can be obtained by requesting one via this link.
8.3 If BeyonDSL has reason to believe that there is likely to be a breach of security or misuse of the Service BeyonDSL may without liability:
(i) change Subscriber's password and notify Subscriber accordingly; and/or
(ii) suspend Subscriber's username or password access to the Service.
8.4 Subscriber must inform BeyonDSL immediately if Subscriber has any reason to believe that any username or password has become known to someone not authorised to use it or if any password is being or is likely to be used in any way that would breach these Terms and Conditions.
8.5 Subscriber agrees to notify BeyonDSL immediately of any changes to the information Subscriber gives to BeyonDSL when registering for the Service, including any changes to Subscriber's payment details.
9. BROADBAND Software
9.1 Subscriber may use the BROADBAND Software to the extent necessary for Subscriber to use the Service but Subscriber must not and must not permit any other person to decompile or modify it. Subscriber shall not correct or allow a third party to correct any error contained in the BROADBAND Software, without BeyonDSL's prior written consent. Subscriber must only access the Service through the BROADBAND Software or in an alternative way permitted by BeyonDSL and Subscriber must not attempt to circumvent any security measures in the Service or attempt to gain access to the source the BROADBAND software or compiled code.
9.2 Subscriber shall not duplicate, alter, modify or adapt the BROADBAND Software, without the express prior written consent of BeyonDSL, and shall not transfer, assign, sublicense, sell, lease, rent or otherwise disclose the BROADBAND Software to any third parties except for the express purposes of the performance of this Contract.
9.3 All BROADBAND Software provided by BeyonDSL is protected by copyright and trademark laws and International treaty provisions. No right, title or interest in or to any trademark, service mark, logo or trade name of BeyonDSL or the trade Name of the Broadband Service Provider, or its licensors (inter alia Apple, Sun Microsystems, Installshield, Cryptix) is granted under this Agreement).
9.4 By downloading, installing, or otherwise the BROADBAND Software, Subscriber agrees to be bound by the following terms:
9.4.1. Grant of license. BeyonDSL hereby grants to Subscriber a non-exclusive and non-transferable license to use the BROADBAND software. The BROADBAND software may be used only by the Subscriber. The Subscriber may install and use one copy of BROADBAND software on a single computer. The Subscriber may not make copies of BROADBAND software other than a single copy for back-up and archival purposes. The Subscriber may not use BROADBAND software for commercial purposes nor sell, or otherwise transfer it for value. Commercial purposes include the use of BROADBAND software to create publicly distributed computer software. Subscriber may not rent, lease, sublicense, lend or grant rights in the BROADBAND software to any other party.
9.4.2 Copyright and trademarks. The BROADBAND software is confidential and copyrighted. All titles, trademarks and copyrights in and pertaining to the BROADBAND software, the accompanying printed materials, and any copies of BROADBAND software are owned or licensed by the Broadband Service Provider or its affiliated companies. The BROADBAND software is protected by copyright and trademark laws and International treaty provisions. No right, title or interest in or to any trademark, service mark, logo or trade name of the Broadband Service Provider or its licensors (inter alia Apple, Sun Microsystems, Installshield, Cryptix) is granted under this Agreement.
9.4.3. Limitations on Reverse Engineering, Decompilation, and Disassembly. Subscriber may not modify, reverse engineer, decompile, or disassemble BROADBAND software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The BROADBAND software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
9.4.4. Disclaimer of warranty. The BROADBAND software is provided "AS IS" and any use of the BROADBAND software is at Subscriber's own risk. The Broadband Service Provider and BeyonDSL do not warrant that the BROADBAND software will run uninterrupted or error free, nor that the BROADBAND software will operate with hardware and/or software not provided by BeyonDSL. Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
9.4.5. Limitation of liability. To the maximum extent permitted by applicable law, in no event shall the Broadband Service Provider or BeyonDSL be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the BROADBAND software, even if the Broadband Service Provider and/or BeyonDSL has been advised of the possibility of such damages.
9.4.6. Export regulations. Subscriber may not export or re-export the BROADBAND software except as authorized by United States and European Union regulations, and the laws of the country where the BROADBAND software was acquired. In particular, but without limitation, the BROADBAND software may not be exported or re-exported into or to a national or resident of Cuba, Iran, Iraq, Libya, North Korea, Syria or any other embargoed country. Furthermore, Subscriber represents and warrants that Subscriber is not a national or resident of one of the countries here above listed.
9.4.7 Termination. Either party may terminate this Contract immediately in the event that the other party fails to comply with any provision of paragraph 9.4. Furthermore, this Contract is subject to the compliance with the Restrictions on the use of the Service, as set out in paragraph 9.4.8. In the case that the Subscriber breaches any of Subscriber's obligations under these Restrictions on the use of the Service, this Contract shall be automatically terminated. This Contract is effective until terminated. Upon termination, Subscriber undertakes to destroy all copies of the BROADBAND software.
9.4.8 : Restrictions on the use of the Service
9.4.8.1. Subscriber hereby acknowledges and agrees that the Internet is not a secure network, in particular regarding data transmissions. Accordingly, neither the Broadband Service Provider nor BeyonDSL warrants the integrity, authentification and confidentiality of the information, files and data subscriber exchanges via the Internet. Subscriber is responsible for taking all appropriate steps to protect Subscriber's data and/or software from corruption, virus contamination or intrusion in Subscriber's computer. Furthermore, Subscriber must make back-ups before and after the installation of BROADBAND software, and during the whole period Subscriber uses the Service provided by BeyonDSL.
9.4.8.2. The use of the Service is strictly subject to the following prohibitions :
- transmission of any data which is prohibited, illegal or contrary to international public order including inter alia pornography, paedophilia, fascist or terrorist related information;
-hacking or any attempt to illegally use, manipulate, or appropriate data or information via the Internet, including, but not limited to, breaking security of any online systems, such as, without limitation, e-commerce Internet sites, financial institutions, and any other activity prohibited by law.
9.4.8.3. Subscriber also acknowledges that data transmitted via the Internet may be protected by third party rights, including inter alia, intellectual property rights. Subscriber is solely responsible for the data Subscriber consults and transfers via the Internet, and Subscriber may not transmit data that violates or may violate any third party's rights.
9.4.8.4. The Service Provider and BeyonDSL shall not be held liable for any violation of the aforementioned prohibitions. Subscriber will be liable to the Service Provider and/or BeyonDSL, and shall indemnify and hold harmless the Service Provider and/or BeyonDSL from any loss, damage (including direct, or consequential damages or other loss of revenue or business injury) and expenses (including outside attorney's fees) suffered by the Service Provider and/or BeyonDSL as a result of claims, actions, allegations or proceedings brought by any third party against the Service Provider or BeyonDSL, arising out of a violation or alleged violation of the prohibitions set forth above.
9.5 Subscriber undertakes not to remove the notices that appear on the original physical copies of the Software as delivered.
9.6 Subscriber must take all necessary precautions to guarantee the safekeeping of the Software, in whatever form it is provided (CD ROM, diskette, etc.).
10. Other
10.1 Subscriber agrees to comply with all applicable laws, rules and regulations in connection with the Service and with these Terms and Conditions.
10.2 BeyonDSL's liability in Contract, tort (including negligence) or otherwise in relation to this Contract is limited to the Charges paid by Subscriber to BeyonDSL in the preceding period of 12 months.
10.3 BeyonDSL may change the terms and conditions of this Contract, including BeyonDSL charges, at any time. BeyonDSL will give Subscriber at least 14 days notice of any changes before such changes take effect.
10.4 Each term and condition of this Contract operates separately in itself and survives independently of the others.
10.5 If BeyonDSL or Subscriber is unable to perform any obligation under this Contract because of a matter beyond their reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or events beyond the reasonable control of BeyonDSL or Subscriber's suppliers, BeyonDSL or Subscriber will have no liability to the other for that failure to perform.
10.6 If any events described in paragraph 10.5 continue for more than 14 days, Subscriber can terminate this Contract provided that Subscriber gives BeyonDSL notice. If the events continue for more than 28 days, BeyonDSL can terminate this Contract by giving Subscriber notice.
10.7 Neither BeyonDSL or Subscriber may transfer or try to transfer this Contract or any part of it to anyone else, except that BeyonDSL may transfer BeyonDSL's rights and obligations to another BeyonDSL Group Company.
11. Breach of Contract
11.1 Breach of Contract will result in termination of Subscriber's Service and termination of this Contract (or both):
(i) immediately if Subscriber commits a breach of this Contract; or
(ii) Subscriber does not pay the charges in accordance with paragraph 5 of this Contract; or
(iii) immediately if Subscriber is the subject of a bankruptcy order or becomes insolvent, or makes an arrangement with creditors, or a receiver or administrator is appointed over any or of Subscriber's assets.
12. Termination of Contract
12.1 Subject to paragraph 2.2 or subject to paragraph 11, this Contract may be ended by either Subscriber or BeyonDSL giving 28 days notice to the other or by Subscriber giving BeyonDSL 7 days notice if under paragraph 5.3 BeyonDSL gives Subscriber notice to increase BeyonDSL's charges or changes the conditions of this Contract to Subscriber's detriment.
12.2 If BeyonDSL gives Subscriber notice, Subscriber must pay Charges for the Service up to the end of that notice. If Subscriber gives BeyonDSL notice, Subscriber must pay charges for the Service until the end of the subscription period or until the end of the notice if that is later.
12.3 If Subscriber has paid any charges for a period after the end of the Contract, BeyonDSL will either repay it or put it towards any money Subscriber owes BeyonDSL.
13. Indemnity
13.1 Subscriber must indemnify BeyonDSL against any claims or legal proceedings in respect of defamation, breach of copyright or other intellectual property right infringement which are brought or threatened against BeyonDSL by another person and which are attributable wholly or in part to Subscriber's use of the Service and, if Subscriber uses the Service for business purposes, Subscriber must indemnify BeyonDSL against any claims that anyone (other than Subscriber) threatens or makes against BeyonDSL because the Service is faulty or cannot be used by them.
14. Giving Notice
14.1 Notices under this Contract may be given on-line by electronic mail using the Service, or in writing and delivered by hand or sent by pre-paid post to the addressee as follows:
(i) to BeyonDSL at its Registered Office or via admin @ beyondsl.net or any alternative address BeyonDSL notifies to Subscriber at any time.
(ii) to Subscriber: at the postal address or email address the Subscriber specifies when registering for the Service or any alternative address which Subscriber notifies to BeyonDSL.
15. Entire Contract
15.1 This Contract, the Registration and Payment Form and any additional documents referred to prepared by BeyonDSL, constitute the entire and only agreement between BeyonDSL and Subscriber for the Service.
16. Law and Jurisdiction
16.1 This Contract is governed by English Law and Subscriber and BeyonDSL submit to the exclusive jurisdiction of the English courts.
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