Site terms and conditions

Last modified – 03/04/2006

These are the general terms and conditions of NoiseWire for use of this Site. Please read these terms and conditions carefully. Your use of the Site and the Service will be subject to these terms and conditions. NoiseWire may change these terms and conditions from time to time.

By accessing the Site you are accepting that you are bound by the current terms and conditions. You are therefore responsible for checking these each time you revisit this Site.

YOU SHOULD PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND ALL UPDATES TO THESE TERMS AND CONDITIONS.

1. Definitions

In these terms and conditions the following definitions apply:

Service / Services: Any information and services provided by NoiseWire through or via the Site

Site: Means the NoiseWire web site located at www.noisewire.com

2. What you are allowed to do

2.1 You may use the Service for personal use and in accordance with these terms.

2.2 You may browse the Site using a compatible web browser. Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you; and print a copy of any page of the Site or email a section of the Site to another person to the extent permitted on the Site, for your own personal purposes, provided you do not do any of the things set out below under What you are not allowed to do.

3. What you are not allowed to do

3.1 Except to the extent expressly set out in these terms, you are not allowed to make any copies of any part of the Site.

3.2 You are not allowed to remove or change any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site.

3.3 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. We reserve the right to disable the service without warning or refund if it is used to:

(a) send, post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;

(b) send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(c) harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors;

(d) impersonate anyone else or otherwise misrepresent your identity or status; or

(e) hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of NoiseWire or any third party.

3.4 NoiseWire accepts no obligation to monitor the use of the Site. However, NoiseWire reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. NoiseWire will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

4. Protection of Children

4.1 NoiseWire takes childrens' privacy seriously. If you are under 18, we recommend you consult your parents or guardians about the use of this site. In compliance with the Children's Online Privacy Protection Act (COPPA), NoiseWire will abide by the following guidelines:

(a) When registering your details with NoiseWire, you will be required to enter your age group. Any information submitted by those under 18 will not be passed on to a third party or used by NoiseWire for any marketing purposes.

(b) While we will do everything in our power to prevent children from giving out personally identifiable information or viewing inappropriate material, NoiseWire recognise that it is the parents' ultimate responsibility to regulate their childrens' web surfing. We cannot be held responsible for children misleading us about their age.

5. Your personal information

Usage of your personal information is governed by NoiseWire's Privacy Policy, which forms part of these Terms and Conditions. In the event that NoiseWire undergoes reorganisation or is sold to a third party, you agree that any personal information NoiseWire holds about you may be transferred to that reorganised entity or third party.

6. Password and details

6.1 For registration and use of the Site your username will be based on the email address you supply. During registration you will create a confidential password to be used when using the Services. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

6.2 In the event of any failure or error in the operation of a password you shall cease using the password and exit the Site immediately, and notify NoiseWire of such failure or error. NoiseWire reserves the right to change, or to require you to change, your password at any time in its sole discretion.

6.3 You warrant that you are entitled to receive emails at the email address you provide. You should note that many companies prohibit their employees using the company email for private use and we encourage you to open a private account and use an outside computer network to visit the Site.

6.4 You agree to notify NoiseWire promptly by using the update facility on the Site of any changes to your registration details.

7. Rights

All intellectual property rights in any material (including text, photographs and other images and sound, trade marks and logos) contained in this Site are either owned by NoiseWire or have been licensed to NoiseWire by the rights owner(s) so that NoiseWire can use this material as part of its Site. You are only allowed to use this Site and the material contained in the Site as set out in these terms and conditions.

8. Disclaimer and limitation of liability

8.1 NoiseWire does not, and nothing in these terms and conditions shall act to, exclude or limit NoiseWire's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms.

8.2 Subject to clause 8.1, NoiseWire' liability to you whether in contract, tort or otherwise is limited to the amount paid by you in respect of your membership in the previous 12 months.

8.3 You agree that your use of the Service is on an "as is" and "as available" basis and that your use of the Service is at your sole risk. On that basis, except as expressly set out in these terms, NoiseWire does not enter into any conditions, warranties or other terms in relation to the Site or the Service.

8.4 NoiseWire may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

8.5 The Site may include links to external sites. If so, NoiseWire has included links to these sites to provide you with access to information and services that you may find useful or interesting. NoiseWire is not responsible for the content of these sites and pages or for anything provided by them.

9. Suspension and termination of Service

9.1 NoiseWire may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any sites or pages linked to it will not necessarily be uninterrupted or error free.

9.2 NoiseWire may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late with payment or do not pay any sums due to NoiseWire.

10. Indemnity

10 You agree to defend, indemnify, and hold harmless NoiseWire from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and Services or your breach of the terms of these Terms and Conditions, including, but not limited to:

(a) any injury to any person or property caused by products or services supplied through or via NoiseWire

(b) any material which infringes the proprietary or intellectual property rights of any third party;

(c) copyright infringement; or

(d) any defects in products sold through or via NoiseWire

11. Payment Terms

11.1 Full payment must be made before your website can be activated.

11.2 You can pay via PayPal, postal order or cheque.

11.3 Your website is provided to you on an annual basis and will be live for 12 months from the date your initial payment is received.

12. Renewal

12.1 Your website will be due for renewal 12 months from the date your initial payment is received.

12.2 Details about how to renew your website will be sent to you via email 1 month prior to your renewal date.

12.3 You must ensure the payment to cover the renewal reaches NoiseWire at least 5 working days before your renewal date to ensure no break in service. If payment is not received in time your website will be suspended.

13. Cancellation

13.1 If you are not completely satisfied with your website you may cancel anytime within 30 days of setting up your account and you will be given a full refund.

13.2 In the event of a cancellation after the 30 days money back period has passed no money can be refunded.

13.3 After the 30 day money back period has passed your website will be available until your initial subscription has expired unless you contact subscriptions@noisewire.com and request it is permanently deleted.

14. Enquiries or complaints

If you have any enquiries or complaints (about the Service or someone else's use of the Site) then please contact us using the contact us link on our site.

15. General and governing law

15.1 NoiseWire may change these terms and conditions from time to time. By accessing the Site you are accepting that you are bound by the current terms and conditions. You should therefore check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. NoiseWire may delay enforcing its rights under these terms and conditions without losing them. You agree that NoiseWire may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

15.2 NoiseWire will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which NoiseWire cannot reasonably be expected to control.

15.3 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.