1.2 The User must comply and adhere to this Code in order to access and use the Website.
1.3 The use of this Website by the User implies that you accept this Code.
2. Basic Requirements
The User must comply with the following basic standards:
2.1 All information and activities must be legal, decent and honest (in terms of applicable law and standards);
2.2 Data protection legislation must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
2.3 No Material shall depict or include any nudity, violence, sexual or offensive subject matter.
3. Specific Responsibilities of Users
3.1 The User is solely responsible for the accuracy, legality, currency and compliance of their Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
3.2 The User is solely responsible for maintaining the confidentiality of their unique logon ID and password and for their use.
3.3 Where Users collaborate with one another as a result of use of this Website, discussion groups or Messaging, they do so as independent contracting parties. Users acknowledge that Net Thoughts Limited ("Website Owner") will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
4. Responsibilities of the Website Admin
4.1 The Website Admin will confirm the email address of each User by sending an activation code for each User that registers to the email address provided when they registered, before any User can participate in contributing Material on the Website.
4.2 The Website Admin will manage and oversee the Website, and will appoint an Admin for such purpose. This appointee will also be responsible for administering the Complaints and Sanctions Procedure specified in Section 5 below.
5. Complaints and Sanctions Procedure
5.1 The Website Material discussion group and Messaging service are self-regulatory facilities for Users only and any complaint by a User will, in the first instance, be referred to the Website Admin, who shall have all the powers of an arbiter.
5.2 The Website Admin will deal with complaints and where necessary, call upon evidence of the applicable Users in dispute.
5.3 Sanctions available to the Website Admin will include the following:
5.3.1 suspending or expelling the guilty User;
5.3.2 referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature; or
5.3.3 referring the matter to a court of competent jurisdiction if the dispute necessitates the same.
6. Indemnity and Waiver
6.1 Each User agrees to indemnify and keep indemnified the Website Owner, its successors and assigns, and each of its directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on this Website or from any other matter relating to using the Website.
6.2 Each User waives any right to bring any claim or action against the Website Owner for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code.
7. Exclusion of Warranties and Liability
7.1 The Website Owner does not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Users as specified in Section 3 above.
7.2 Each User accepts the Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
7.3 In no event will the Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any User's access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if the Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owner's aggregate total liability to any User for all such damages and losses shall be limited to any fees applicable for subscription to the Website paid by the User suffering loss during the twelve months preceding the event giving rise to liability.
7.4 Nothing in this Code excludes or limits the liability of the Website Owner:
8.1 This acceptable use policy ("AUP") is intended to ensure the integrity, security, reliability, and privacy of the content, computer servers, services, website and work product (collectively the "System") related to the User's use of the Website and the services associated with the Website. The Website Owner retains the right to modify this AUP at any time, effective upon posting the modified AUP to the Website.
8.2 Each User is responsible for complying at all times with this AUP, as well as with any posted modifications thereto. If any User does not accept this AUP, that User may not access this Website or use any of the services associated with the Website.
9. Security of the System
Users are prohibited from violating, or attempting to violate, the security of the System. Any such violation may result in criminal and civil liabilities to that User. The Website Owner will investigate any alleged violations, and, if a criminal violation is suspected, the Website Owner will cooperate with law enforcement agencies in their investigations. Violations of the security of the System include, without limitation, the following:
9.1 logging into a server or account that the User is not authorised to access;
9.2 accessing data or taking any action to obtain services not intended for the User or the User's use;
9.3 attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
9.4 tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorisation; and
9.5 transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the System;
9.6 interfering with, intercepting or expropriating any system, data or information; or
9.7 interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding", "mailbombing", or "crashing" any computer system.
10. "Spam" and Other Prohibited Actions
10.1 Users are prohibited from transmitting the same Material. These repeat of Material are not only annoying to internet users, they can degrade the service.
10.2 Users are prohibited from using the System to infringe on any person's copyright or other intellectual property rights. Be advised that it is the Website Owner's policy to terminate in appropriate circumstances the accounts of repeat infringers of copyright, and that Users may be ordered by a court to pay money damages to the rightful owner of any intellectual property rights Users violate.
10.3 In addition, Users must not:
10.3.1 post, email or otherwise transmit or use the System in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that exploits children or is invasive of another person's privacy or other rights;
10.3.2 engage in and encourage conduct that would constitute a fraudulent or other criminal offence or give rise to any civil liability for the Website Owner;
10.3.3 spoof or otherwise impersonate any individual or entity, falsely state or otherwise misrepresent its identity or affiliation in any way, or forge, delete or alter any part of TCP / IP packet header information in any email or other posting;
10.3.4 engage in deceptive online marketing; or
10.3.5 assist or permit any persons in engaging in any of the activities described above.
11.1 Users must exercise caution, good sense and proper judgment in using the System. Users are responsible for all content and website links hosted by the Website Owner. Each User agrees, represents and warrants that any information it posts or provides by means of the System is truthful, accurate, not misleading and offered in good faith. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is the User's sole responsibility.
11.2 The Website Owner is not required to screen communications and is not responsible for screening or monitoring Material used by the User, however, the Website Owner reserves and has the right (but not the obligation) in its sole discretion to do so. The Website Owner reserves and has the right (but not the obligation) in its sole discretion to refuse or delete any of a User's Material which the Website Owner reasonably considers to violate this AUP or to be otherwise illegal or as it otherwise deems is inappropriate.
11.3 Each User agrees that use of any information obtained on or via its use of the Website is at its own risk.
12. Consequences of Unacceptable Use
The Website Owner reserves the right to suspend or terminate a User's access to the System upon notice of a violation or attempted violation of this AUP, indirect or attempted violations of this AUP, and actual or attempted violations of this AUP. Indirect or attempted violations of this AUP, and actual or attempted violations by a third-party acting on a User's behalf, shall be deemed violations by that User of this AUP.
13. Questions, Comments or Complaints
If any User is unsure whether any contemplated use is permitted or have any comments regarding prohibited use or other abuse of the System, please direct questions or comments via the Contact Us link at the top right of this webpage making sure to include as much information as possible
14. The information collected and how it is used
14.1 The Website Owner is registered and complies with the Data Protection Act.
14.2 When Users register the Website Owner will need to know each User's location, name and email address. The Website Owner may also require other personal information.
14.3 The Website Owner gathers this information to allow it to process each User's registration. The relevant information is then used by the Website Owner as set out below and to communicate with Users on any matter relating to the conduct of a User's account and a User's participation and use of the Website in general.
14.4 The Website Owner may also use aggregate information and statistics for the purposes of monitoring website usage in order to help it develop the Website and services available thereon.
14.5 The Website Owner may also wish to provide Users with information about special features of the Website or any other service or products the Website Owner may think may be of interest to Users. If Users would rather not receive this information, they should edit their profile by clicking the appropriate box.
14.6 The Website Owner may also want to provide Users with related information from third parties the Website Owner thinks may be of interest to Users. If Users would rather not receive this information, they should edit their profile by clicking the appropriate box.
The Website Owner will record each registered User's IP address each and every time each User logs in to the Website and when a User creates an account in order to post Material.
16. How information is protected
16.1 The internet is not a secure medium. However the Website Owner has put in place various security procedures as set out in this policy.
16.2 You have the reassurance that the website is hosted safely in SAS70 certified data centers. We make use of SSL certification where required. We record IP addresses where appropriate to help identify any User behaving maliciously.
16.3 The Website Owner also keeps Users' information confidential, apart from any Material which the User has agreed to post for public viewing. The internal procedures of the Website Admin cover the storage, access and disclosure of information.
If this business is sold or integrated with another business a User's details may be disclosed to the Website Owner's advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
18. Updating details
If any of the information that a User has provided to the Website Admin changes, for example if a User changes his / her e-mail address, name or other details the User should edit their profile and Material accordingly.
19. Users' consent
19.2 Owing to the global nature of the Internet infrastructure, the information Users provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding their data and its use as set out in this policy. However, the Website Owner has taken the steps outlined above to try to improve the security of Users' information. By submitting information Users consent to these transfers.
20. How to contact Website Admin
21. Term and Termination
Each User agrees to remain bound by this Code (as amended from time to time) for as long as they remain a User and wishes to use the Website unless the Website Admin earlier terminates, suspends or otherwise limits access to the Website in accordance with Section 5 above or as it otherwise deems is appropriate.
22. Governing Law and Jurisdiction
22.1 This Code and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22.2 Each User irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Code or its subject matter or formation (including non-contractual disputes or claims).
22.3 It is the User's responsibility to check that using the Website and any services provided via the Website does not involve any breach of the law in the User's home country.
23.1 If any provision of this Code (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Code and the validity and enforceability of the other provisions of this Code shall not be affected.
23.3 The Website Owner has the right to revise and amend the Code from time to time.
24. The Website
24.1 The Website Owner reserves and has the right (but not the obligation) in its sole discretion to withdraw, amend, vary or add to the services offered on the Website which the Website Owner reasonably considers compromises the hosting of the Website in any aspect.
The User agrees that by clicking below he/she acknowledges that he/she has read and understood the terms and conditions contained above and intends to be bound by the terms and conditions of this Code.