University of York, Email for Life Terms and Conditions

Contents

1. General
2. Definitions
3. Endorsement Disclaimer
4. Membership Entitlement, Registration and Verification
5. Member Obligations and Prohibitions
6. Password Security
7. Reporting Abuse
8. Misuse Damages
9. Member Profiles
10. Content Uploaded by Members
11. Competitions and Promotions
12. Service Level
13. Storage
14. Pricing and Payment
15. Privacy Policy
16. Rights to Name
17. Third Parties and Linked Sites
18. Limitation of Liability
19. Indemnities
20. Disclaimer of Warranty
21. Copyright and Trademark Notices
22. Termination
23. Notices
24. Severability
25. Action Limit
26. Headings
27. Transferability
28. Modification
29. Language
30. Entirety
31. Law and Jurisdiction
32. General Reservation
33. Contact

General

University of York, Email for Life is a trading name of the Aluminati Network Group Limited (registered in the United Kingdom with company number: 4953058).

The following are the Terms and Conditions for use of the Company's System and Services (hereinafter referred to as the "Service") provided by the Aluminati Network Group Ltd of 4 Minton Enterprise Park, Oaks Drive, Newmarket, CB8 7YY, United Kingdom (hereinafter referred to as "A.N.G.") .

Your use of the System and / or Services will be deemed by us to signify your acceptance of these Terms and Conditions including our Privacy Policy and will form a legally binding contract between you and the Company.

BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.

The Service is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. You re-affirm your agreement every time you use the System or the Services whether or not you have paid a subscription fee.

Visitors to the System who do not apply for Registration or who do not have Membership affirm their acceptance of these Terms and Conditions each time they visit the System or use the Services.

Your agreement is directly with the Company and not any website or affiliate that you are using to access this service.

Definitions

In these Terms and Conditions the following definitions shall apply:

'Service Provider', ’Company’, ‘Us’, ‘We’ and ‘Our’ means - University of York, Email for Life as a trading name for A.N.G.

'Visitor', 'User', ’Member’, ‘You’ and ‘Your’ means - anyone who is visiting the website, is on a free trial period, has a Membership with the System or has completed the Registration section within the System; anyone visiting the System or using the Services whether or not they have a Membership, to search for and communicate with us, other Members or companies or employment opportunities

'Applicant' means - anyone who is applying for, or intending to apply for, Membership by completing registration and verification.

'Membership' means - the Member’s subscription to use the Services, following the completion by the Member of the Registration and Verification sections within the System, whether or not the Member has paid money to the Company

'Registration' means – that part of the System where Members or Clients supply information about themselves with a view to attaining Membership for use by the Company in line with its Privacy Policy.

'Verification' means - the part of registration whereby an applicant provides evidence of their identity and establishes their eligibility for membership.

'The System' means - the Services, facilities, functionality, content, graphic design, links and other information provided on the web-sites owned and run by A.N.G.

'The Services' means - the provision of communication, searching facilities and any other services that we decide to offer to Members and Clients.

'Website' means - the main website with the URL https://uniofyorkspace.net/ and other websites owned and run by the Company

Endorsement Disclaimer

The Company does not claim to be sponsored or endorsed by or be affiliated to any university or academic establishment unless otherwise stated. No deliberate attempt will be made to deceive current or potential members into thinking that this is the case.

Membership Entitlement, Registration and Verification

Applicants are expected to provide accurate and true information about themselves during the verification process to establish eligibility for membership.

Where the System and/ or the Services is aimed towards a specific community (for example, current students and graduates of a University) the applicant must rightfully belong to that community and must not pass themselves off as belonging to it if they do not.

In completing the Registration section and using the System and/ or the Services the Member must not impersonate another person or Member.

You may be asked to give a verification code that is emailed to you to establish ownership of your address. You are specifically prohibited from colluding with another party who allows you access to their email account in order to falsely verify yourself.

The Member specifically grants authority to the Company to carry such validation checks as it sees fit in order to confirm as accurate the information supplied by the Member to the Company.

Upon request at any time from the Company the Member shall confirm the details in the Registration form and provide such other information as the Company may reasonably request from time to time.

If any information provided by the Member is untrue, inaccurate, obsolete or incomplete, the Company has the right to immediately terminate the Member’s Membership (without refund) and refuse any and all current or future use of the System.

The Company will place reliance on the accuracy of information supplied by the Member. The Member is liable for any loss to the Company as a result of their misstatement or inaccuracy.

Members are reminded that any attempt to deceive the Company through acts of forgery or other illegal activity may be reported to law enforcement authorities.

Acceptance of applications for Membership is at the Company’s sole discretion. We reserve the right to refuse Membership to any person without giving an explanation.

Member Obligations and Prohibitions

The Member agrees:

• to comply with all requirements, procedures, policies and regulations of networks connected to the System
• not to interfere with or disrupt the System or servers or networks connected to the System
• not to gain or attempt to gain unauthorised access to other computer systems or networks connected to the System nor attempt to gain access to other Members' accounts
• not to use the System in a manner or for a purpose that violates the rights of another, including but not limited to the intellectual property rights of another
• not to interfere with the use and enjoyment of the System by other users
• not to include in any communications sent or posted via the System and/or the Services any harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, racist or otherwise objectionable material of any format (including text, photos or images)
• not to use the System in a manner that may transmit a virus, corrupted file, ‘Spider’, ’Trojan Horse’ or other hostile program or software
• not to transmit ’junk mail’, ’spam’, ’chain letters’, or unsolicited mass distribution of marketing or other materials or communications including (without limitation) those connected to pyramid selling schemes
• not to resell, rent or hire any content of the System (specifically any information contained in any directory) or use of or access to the System
• use the Company's System or Services for commercial use (although emails of a business nature are permitted)
• not to impersonate any other person, while using the System
• not to use the service in any manner which violates any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol
• Furthermore, the Company reserves the right, but has no obligation, to reject or remove any communication, profile or other material that does not comply with the letter or spirit of these Terms and Conditions.

Password Security

The member is responsible for the security and protection of their password. This includes selecting a password that is sufficiently difficult to crack (i.e. of sufficient length and including non-alphabet characters). The Company will NEVER ask Members for their password and Members are advised against telling anyone their password. Passwords are stored in encrypted form so that they are not useable even if the password file/database were accessed. The Member must notify the Company if they suspect that their account has been compromised.

In very rare cases members may request that the Company access their account with their password. In doing so members agree to indemnify the Company against any and all losses or damages that may result from such access. Afterwards, the Member must then change their password.

Reporting Abuse

We encourage Members to report to the company abuses of the System and/ or the Services by visitors or other Members. Such abuses shall specifically include:

· breaching of Member Obligations which are set out in these Terms and Conditions

· passing off as a rightful member of a community (eg a University) when they are not

· sending emails containing malicious software or unsolicited commercial content (or any other message that would normally be classified as SPAM).

Please report any abuse to: abuse@aluminati.net

Misuse Damages

The Service Provider will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any deliberate sending of malicious software, spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay the Service Provider liquidated damages of £5 GBP for each infected message, piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay the Service Provider's actual damages, to the extent such actual damages can be reasonably calculated.

Member Profiles

We are not (and cannot be) responsible for the information posted by Members about themselves during Registration and will not (and cannot be expected to) verify all such information excepting those details covered in our Verification process.

The Member warrants to keep up to date the information pertaining to them in their Profile and to update it when changes occur.

The member may choose how much of their profile is visible to any directory service that we offer.

Content Uploaded by Members

The Service Provider does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for public or shared access on the Service, you grant world-wide, royalty free and non-exclusive licence(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Service Provider removes such Content from the Service.

Competitions and Promotions

By participating in any competition or promotion that the Company runs you agree that the Company may publish and use your personal details in the event that you are a winner or recipient of a prize. By participating you agree to the terms and conditions specific to that event.

Service Level

The Company does not make any representations or warranties regarding the reliability of the System or the Services. Whilst reasonable efforts will be made to ensure the continuous operation and availability of the System, the Company does not guarantee the continuous operation of the System and from time to time the System may not be available. The Company will from time to time suspend the System to carry out technical maintenance and, if possible, will make every effort to give sufficient warning about such downtime by posting an announcement on the main website. The Company is not liable for any loss or inconvenience, of any nature whatsoever, incur ed or sustained by any Member due to the disruption, discontinuation or unavailability of the System at any time. Each Member uses the System and the Services and the internet in general at their own risk.

Storage

Whilst we have technologies in place to increase the safety and reliability of users' data, the Company shall not be responsible for storing any information or materials on a Member’s behalf. The Member is advised to maintain backup copies of their important data. The Company accepts no liability for any loss caused by Member data being lost, corrupted or temporarily unavailable.

You are expressly prohibited from storing any content in your account that is illegal. This includes but is not limited to: copyrighted material for which you do not hold a licence, illegal pornography and malicious software such as trojans, viruses or worms. The Member must never upload such content and must immediately delete any emails containing such content, although the prior forwarding of such emails to investigative bodies is permitted.

The Company assumes no responsibility for the deletion or failure to store, deliver or deliver messages timely. Without limiting the foregoing, the Company may, from time to time and without notice, set limit(s) on the number of recipients and the size and number of messages a member may send, store, or receive through the service, and the Company retains the right to delete any E-mails above such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and User hereby releases the Company from any such liability. Any notice provided by the Company to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

The Company is not obliged to monitor your quota usage and accepts no responsibility for loss of data, or other restrictions, due to your account being over quota. It is the Member's responsibility to clean out unwanted emails and content from their accounts periodically.

The Company reserves the right to delete any material from your account if it is deemed illegal by the company or if we have received proper instruction from a Court of Law to do so.

Pricing and Payment

The price of Membership and the Services shall be as published within the System from time to time. The published price relates to services bought at the time only by the Member and the Company does not guarantee that those prices will be available to the Member in respect of Services purchased in the future.

The Company reserves the right from time to time to change the price of Membership and the Services. Such changes will be posted to the System. Such changes will not affect the then-current Membership or paid-for services but will apply when membership is due for renewal.

Payment to the Company should normally be made by credit or debit card on-line via the System. The Member warrants that they have full authority to use that card and sufficient credit limit or funds to cover the charges.

Members will be reminded via email to their account that payment is due and any instructions, terms or other detail within that email, including but not limited to amount, payment methods, surcharges, deadlines and late payment terms, will apply.

The Company is willing to accept cheques made payable to University of York, Email for Life and sent, along with a printed order form, to the address of the Company as listed within the System.

Our prices are all-inclusive and quoted in pounds sterling. Members from overseas are responsible for making their own calculations with regard to exchange rates and accept the prevailing exchange rate conversion (as listed at www.xe.com) between sterling and their home currency at the time of making a purchase of Services via the System. This rate should be confirmed with the Company prior to payment.

The Member is responsible for any charges incurred in making payment from abroad and must add these charges to the payment so that the final amount remaining after deductions equals the amount due.

The Member must pay to the Company the full price of the Services due at the time of purchase without set-off, deduction, counterclaim, or other withholding of monies.

The Company may charge a processing fee for particular forms of payment that cause the Company to incur additional charges.

Payment from the Member to the Company will be deemed to be made when the Company has received cleared funds from the Member in respect of the full amount outstanding.

All monies paid by the Member to the Company are non-refundable.

Privacy Policy

The Company’s Privacy Policy is published within the System. This Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, and/ or by registering or by using the System and / or the Services, the Member agrees to and accepts the Company’s Privacy Policy.

Rights to Name

User represents that the username selected by the User conforms with the Service's requirements and that when used alone or combined with a second or third (or lower) level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, the Company may immediately suspend the use of such email address, and User will indemnify and hold the Company harmless, in accordance with the Indemnification section above, for any claim or demand against the Company that arises out of such selection. User acknowledges and agrees that neither the Company nor any of its licensors shall be liable to User in the event the Company is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of an E-mail address. If as a result of such action, User loses an E-mail address, the User's sole remedy shall be the receipt of a replacement E-mail address.

Third Parties and Linked Sites

The System may contain links or connections to other web-sites or services provided by parties other than the Company, including but not limited to subsidiaries or associated companies of the Company, advertisers and partners. The provision of links or connections to such parties by the System does not imply any endorsement of the material provided or any association with their owners or operators. The Company accepts no liability or responsibility for material published or services offered by any such party. The Member is responsible for reviewing and accepting the Terms of service at any linked website.

Limitation of Liability

The Company is not be liable to any Member or any other person for loss or damage incurred or sustained by them of any nature, howsoever arising. Without prejudice to the generality of the foregoing:

• the Company shall not be liable to any Member or any other person for loss of profit, revenue, business or contracts, direct, indirect, punitive or consequential loss or damage however arising, including loss or damage arising from fraud or negligence even if such loss or damage was foreseeable and / or brought to the attention of the Company.
• the Company shall not be responsible for verifying information supplied by Members and Clients within the System or via the Services. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Members or Clients or other users nor does the Company monitor or screen every part of the System, or endorse any opinions expressed by Members and Clients. The Company accepts no liability for loss arising to Members as a result of reliance placed by them on information supplied by other Members.
• the Company shall not be liable for any loss sustained by a Member as a result of the misuse of the System or the Services, or the misrepresentation or other breach of these Terms and Conditions by another Member.
• the Company shall not be liable for any loss sustained by a Member as a result of matters beyond the reasonable control of the Company.
• The Service Provider does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. The Service Provider does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
• You specifically agree that the Service Provider shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that the Service Provider is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Service Provider is not responsible for any content sent using and/or included in the Service by any third party.
• Notwithstanding nor diminishing the terms contained herein, the maximum liability that the Company accepts towards any Member shall be limited to the amount paid by that Member to the Company in respect of the Member’s current period of Membership.

Indemnities

User agrees to indemnify and hold the Company and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Company's Service, the violation of the Agreement by User, or the infringement by User, or by any other user of the Company's Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any User communications.

Disclaimer of Warranty

THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE COMPANY'S SERVICE. THE COMPANY'S SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE COMPANY'S SERVICE IS BORNE BY USER. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE COMPANY'S SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

Copyright and Trademark Notices

All source code, executable code, page designs and other copyrightable material (unless otherwise stated) are Copyright © 2002-2003 Aluminati Network Group Limited, and are used by its subsidiaries under licence from the Aluminati Network Group Ltd. All rights reserved.

Termination

The Member can terminate their Membership at any time by contacting via email the Company's support department.

The Company has the right to terminate the Membership, without notice and effective immediately, of any Member who breaches any part of these Terms and Conditions, if such action would be deemed necessary to protect the interests of the Service and its members, or if required to do so by law.

If the Member cancels or withdraws their membership part way through a subscription period for which the Member has paid, or if the Company properly terminates the Member’s Membership, the Member shall not be entitled to any refund by the Company in respect of their Membership subscription.

Any Member who has their account terminated by the Company must not re-register unless with the express permission of the Company.

In the event of a termination, the Company shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

Notices

All notices, approvals and other communications to be given under these Terms and Conditions shall be by email or, if in writing, must be sent by first class post or facsimile (such facsimile notice to be confirmed by letter posted first class within 24 hours of the transmission of the relevant facsimile) to the other party.

Severability

If any provision or part of these Terms and Conditions shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if void, invalid or unenforceable provision were not part of this Agreement.

Action Limit

Any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise such cause of action is permanently barred.

Headings

The headings in this agreement are present solely for readability and are not to be used in the interpretation of any clause.

Transferability

In the event that the Company or its assets are sold, the System (including the database containing Members’ Registration details) is likely to be included in the transferred assets. Each Member irrevocably agrees to make no objection to such a transfer so long as the purposes for which the assets are used by the acquiring company are broadly similar or equivalent to that of the Company. The Member may close their account without refund in the event of a transfer.

The Company reserves the right to assign its rights and responsibilities under this agreement to any 3rd party.

Modification

We reserve the right at our discretion to change, modify, add or rename any part of these Terms and Conditions at any time, and your continued use of the System and / or the Services after any such changes are clearly posted on the Website indicates your acceptance of those changes. It is the Member's responsibility to regularly review the news section of the website to keep up to date with any changes in this Agreement.

The Company may at any time and without notice to the Member make changes to the Website, System or the Services it provides or make inconsequential editions that do not change the meaning of the content (such as to correct typographical or layout errors) in any Agreements.

Language

It is the express will of the Parties that this agreement and all related documents have been drawn up in English.

C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

Entirety

This Agreement and these Terms and Conditions constitute the entire agreement between each Party. The Member acknowledges that he or she has relied on no other warranty or representation, oral or written, made by the Company at any other time other than those specifically referred to in this Agreement.

Law and Jurisdiction

This Agreement and these Terms and Conditions shall be governed and construed in accordance with English Law, and the Parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

General Reservation

Any rights not expressly granted herein are reserved.

Contact

Terms and Conditions Enquiries
Aluminati Network Group Ltd.
4 Minton Enterprise Park
Oaks Drive
Newmarket
Suffolk. CB8 7YY
England

Email: terms@aluminati.net
Fax: +44 (0)1638 668 890