General Service Agreement
UK Shells Service

All of the provisions of the UK Shells (a trading name of UKS Limited) Service Agreement (hereinafter referred to as Agreement) shall apply to all access, transport, system, or service Accounts billed to a designated Account Holder (hereinafter referred to as "The Customer"). All services provided to the The Customer by UK Shells are collectively termed an "Account".

UK Shells agrees to provide and The Customer agrees to receive access to UK Shells services according to the following terms and conditions:

  1. The rights of access conveyed by this Agreement are non-transferable. Use of a UK Shells account is expressly limited to the individual name and the company they represent (if applicable) that appears on the account.

  2. The Customer agrees to use this service in a manner consistent with any limitations of individual account types, including but not limited to: memory use, data transfer and CPU cycles. The Customer also agrees to "fair use" of all aspects of the service. "Fair use" is defined as a reasonable level of use of the service within the system environment and pricing of the services.

  3. The Customer agrees to use this service in a manner consistent with any and all applicable laws, whether national, European or by international treaty.

  4. The Customer agrees to follow the relevant Acceptable Use Policies (available at http://www.ukshells.co.uk/support/aup.html) of any network The Customer connects to, including the UK Shells system.

  5. The use of a UK Shells individual access account for advertising or promotion of a commercial product or service in direct competition with UKSolutions.co.uk is prohibited. This restriction is primarily for, but not limited to, HTML documents made available for viewing with a WWW browser application.

  6. UK Shells reserves the right to view www directories of user accounts in order to determine compliance, and may at any time request that an individual account be converted to commercial service. UK Shells shall be the final arbiter of what constitutes commercial content. Violators are subject to immediate termination of their account.

  7. The Customer is responsible for all use of his/her account(s) and the confidentiality of password(s). UK Shells will suspend access or change access to The Customer's account within twenty-four hours or less after notification by The Customer that his/her password has been lost, stolen or otherwise compromised.

  8. The Customer is responsible for any and all local or long-distance telephone charges for connecting to the UK Shells systems.

  9. The Customer agrees to pay UK Shells for any and all charges relating to the use of The Customer's account(s) according to rates and prices published on-line at the time the service is used. UK Shells reserves the right to terminate service at any time for non-payment. UK Shells reserves the right to suspend access to service for The Customer's account(s) upon an indication of payment problem.

  10. A request for termination of service must be received in writing by UK Shells from The Customer. Upon the customer's request, UK Shells may choose, at its sole discretion, to refund any prepaid fees remaining on the account at the time of termination. Such refunds will only be made in circumstances when the services being received by The Customer are not in line with the products and/or services purchased, and UK Shells has been given the opportunity to resolve these issues to match the service description on the UK Shells website. These fees will not exceed the value of the complete months remaining on The Customer's subscription from the date a request to close an account is received in writing. Such refunds are limited to the fees paid for "system accounts" only, and do not include "additional products" including, but not limited to, domain names, domain hosting, IP Address, and background processes.

  11. UK Shells reserves the right to change prices at any time. Any such changes will become effective to existing customers at the time of renewal (next billing period).

  12. Neither UK Shells nor its Information Providers are responsible for any damages arising from The Customer's use of UK Shells or by The Customer's inability to use UK Shells's service.

  13. UK Shells reserves the right to change without notice the UK Shells service, including but not limited to: access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

  14. UK Shells is not responsible for The Customer's personal files residing on UK Shells equipment. The Customer is responsible for independent backup of data stored at UK Shells.

  15. UK Shells reserves the right to delete The Customer's personal files after one or both parties terminate service.

  16. UK Shells reserves the right, at its sole discretion, to delete any information entered into UK Shells by The Customer. UK Shells and its authorised representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

  17. UK Shells shall not be liable for any consequential, incidental, indirect, or special damages arising out of or caused by mistakes, omissions, interruptions, delays, errors, or defects or otherwise occurring in the course of furnishing service. The liability of UK Shells for direct damages shall in no event exceed an amount equivalent to the proportionate net charge to The Customer for the period of service during which such mistakes, omissions, interruptions, delays, errors, or defects occur.

  18. THE UK SHELLS SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE WITH RESPECT TO UK SHELLS, OR ANY INFORMATION OR SOFTWARE THEREIN. THIS "NO WARRANTY" EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY UK SHELLS OR ITS PROVIDERS.

  19. THE The Customer HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION OR STORAGE ON THE UK SHELLS EQUIPMENT THROUGH THE CUSTOMER'S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELLOUS.

  20. UK Shells, at its sole business judgement, may terminate any services provided immediately or suspend The Customer's access to the service upon any breach of this Agreement by The Customer, including, but not limited to, refusal or failure to pay for services provided or by sole judgement of UK Shells that The Customer may be performing activities harmful to UK Shells or its customers, employees, vendors, business relationships or any other users of the Internet.

  21. Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully. UK Shells is not liable for protection or privacy of electronic mail and information transferred through the Internet.

  22. The Customer shall not use UK Shells electronic mail or other Internet related facilities for the distribution of mass mailings, whether unsolicited or through a controlled distribution list. Listserv/Majordomo arrangements may be made under a separate contract.

  23. The laws of England shall govern this Agreement. The parties submit to the non-exclusive jurisdiction of the English Courts.

  24. UK Shells may modify these terms and conditions upon notice published on-line or via electronic mail from UK Shells. The Customer's use of UK Shells services after such notice shall constitute The Customer's acceptance of the modifications to this Agreement.

  25. Non-enforcement of any section of this Agreement does not constitute consent and UK Shells reserves the right to enforce this Agreement at its sole discretion.

  26. If any paragraphs in this Agreement are found to be unenforceable or invalid, The Customer's and the UK Shells agreement on all other paragraphs shall remain valid.

  27. The Customer understands that UK Shells acts as a gateway in providing access to the Internet and is not responsible for content on the Internet.

UK Shells Service Agreement
Last updated 9th May 2001