1. USE OF JAVELIN BROADBAND
Javelin Broadband internet access is owned and operated by Javelin Broadband Limited, a company registered in England and Wales whose registered office is at c/o Steele Robertson Goddard 28 Ely Place, London, EC1N 6AA. The address for all correspondence is Javelin Broadband Limited, 66 Ockendon Road, London N1 3NW. The switchboard telephone number is +44 207 226 1557
We will provide you with the online services available from via Javelin Broadband internet access including access to the www.javelinbroadband.net website (the “Service“).
To enable you to use the Service, you are required to register as an authorised user. To register with the Service you must be over eighteen years of age.
We may update these Terms and Conditions (including the Price List) from time to time and any changes will be notified to you via the email address provided to you following registration or via a suitable announcement on the Javelin Broadband.net website. The changes will apply to the use of the Service 30 days after we have given notice.
If you do not wish to accept the new Terms and Conditions you should not continue to use the Service. If you continue to use the Service after the date on which the change comes into effect, your use of the Service indicates your agreement to be bound by the new Terms and Conditions.
You must pay any applicable subscription fees and/or telephone call charges for use of the Service as set out in our price list.
Upon signing up for the Service you must provide us with valid credit card details. Your credit card will then be debited with the first payment due for the Services. You may continue to use this credit card for subsequent payments or alternatively we accept payment by monthly direct debit.
Direct debit payments can sometimes be arranged online or by way of a paper mandate sent to you in the post. Where payment for the Services is not received for whatever reason via direct debit, we will debit your credit card with the relevant payment due,
There are certain websites (mainly sites of an adult nature) that will offer access to their content via a premium rate telephone line. You will be responsible for paying these charges and they are not included in the fees and/or telephone call charges we charge you. These websites should tell you when a premium rate would apply, but we have no control over them and we will not be responsible to you for any call charges that appear on your Javelin Broadband phone bill, whether or not they tell you.
4. AVAILABILITY OF SERVICE
You are responsible for providing a suitable PC or other items of hardware of communications equipment necessary to enable you to access the Service. You are responsible for ensuring that any software and hardware does not cause degradation of the Service. In particular computer viruses, worms and spam should not be distributed across the Service’s network from or through any software or hardware you have connected to the Service.
On some campuses service is reliant on power provided by the station infrastructure. Lengthy Interruptions to power cannot be accommodated and may result in degraded or interrupted service.
We cannot guarantee that the Service will be secure or free from viruses and other similar threats. We recommend that you protect your PC by the use of a firewall and virus checker.
You may have chosen to use the internet security software provided by Javelin Broadband. You acknowledge that it is not possible for us to guarantee that the internet security software will stop all viruses and other similar threats. You must make backup copies of all important files and documents on your PC. The internet security software offers some automated tools for controlling access to the internet by children. You acknowledge that these tools only provide limited protection and that it is your responsibility to ensure that your children are properly supervised at all times when using the internet.
We are unable to guarantee a fault-free Service all the time. You should report a fault in the Service to us by telephone, letter, fax or email. We will try to correct the fault as soon as we are reasonably able to. Your access to the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the Service as soon as reasonably practicable after any such restriction.
We may give you instructions about the use of the Service concerning health and safety, the quality of the Service to other customers, or any other aspect of the Service. Such instructions form part of these Terms and Conditions and you agree to observe them.
5. ACCEPTABLE USE
You agree to use the Service for lawful purposes only.
You agree to obtain all necessary licenses and consents from owners of copyrighted material if you place that material on your website. If your website generates abnormally high levels of traffic, we may move it and/or restrict access to it and you will be liable for any additional charges arising from our action.
6. UNACCEPTABLE USE
You may not or allow anyone else to use the Service for any of the following purposes (“Unacceptable Use”):
- reselling the service
- publishing, transmitting, linking to, disseminating or making available in any way material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- committing or attempting to commit fraud or any other criminal offence
- gaining unauthorised access to other computer systems
- transmitting or causing to be transmitted mail bombs (automated emails that resend
- themselves to addresses within an address book), chain letters or pyramid schemes
- interfering with any other person’s use or enjoyment of the Service
- heavy use of the Service that detrimentally affects the ability of others to connect to the Service
- breaching any laws concerning the use of public telecommunications networks · interfering or disrupting networks or websites connected to the Service
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner · infringing a trademark, copyright or any other intellectual property right
- breaching any other person’s privacy rights and sending unsolicited advertising or promotional material
- carrying out port scanning/probing (which is an attempt to identify an open gateway into another internet user’s machine)
- collecting names, account details or personal details of other users of the Service · carrying out trade or any other commercial activity
- running a website or redirecting to a website where access is subject to a premium rate telephone charge
- If, while using the Service, you discover anyone else who is carrying out any of the above activities, you should inform us immediately.
- impersonating any real or fictional individual or entities
- doing anything which disrupts the normal use of the Service for other users.
7. USER ID PASSWORD AND SECURITY
You must use a unique user ID and password to access the Service, which will be created by us from the details you provide.
You agree to take all necessary steps to ensure that your password is kept confidential, secure and used properly. We will not be responsible to you in the event that a person gains unauthorised access via your account.
You agree to inform us immediately if you have any reason to believe that your password has become known to an unauthorised third party or if the password is being or likely to be used in an unauthorised manner.
You agree not to share your password or the use of the account with any third party.
You agree to inform us immediately of any changes to the information that you provided when registering for the Service, including any changes to your account information.
If we have reason to believe that there is likely to be a breach of security or misuse of the Service, we may change your password and notify you accordingly
8. STORAGE OF EMAIL AND WEBSITES
You are responsible for your email and websites. You must keep your own back-up copies of your website and emails. We do not keep back-up copies of your website or emails and will not be liable for any loss or damage to them, however caused.
9. INTELLECTUAL PROPERTY
The content of the www.javelinbroadband.net website is protected by intellectual property rights. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the www.javelinbroadband.net website without our prior written permission.
All use of your personal information will be in accordance with our Privacy comply with all applicable UK data protection legislation and where relevant the Regulation and Investigatory Powers Act, 2000.
It is not our policy to censor or restrict access to any material or information on the internet, nor do we examine the use to which customers put the Service or the nature of the information they are sending or receiving, unless required to do so by a competent authority.
We may, however, refer any complaints regarding your use of the Service to the police for further investigation.
You accept responsibility for the supervision of minors with regard to the risk of inappropriate material. We will not be responsible for content on the internet or world wide web pages outside the www.javelinbroadband.net website.
12. SUSPENSION AND CANCELLATION
We may suspend or cancel the Service at our reasonable discretion or:
if we have reasonable grounds to suspect that you are in breach any of your obligations under these Terms and Conditions; · you do not pay the charges within 28 days of them becoming due; or · you become the subject of bankruptcy or insolvency proceedings.
We will give you reasonable notice where possible however sometimes there will be serious grounds for suspending or cancelling the Service immediately.
We reserve the right to suspend your access to the Service if we believe your use of the Service causes the Service to be rendered less efficient or makes abnormal demands on the network from a single connection.
You may cancel this agreement at any time within the terms of the subscription offered. The suspension or cancellation of the Service shall not affect either party’s rights or liabilities.
13. OUR RESPONSIBILITIES TO YOU
We do not in any way exclude or limit: (i) our liability for death or personal injury caused by our negligence or that of our agents; (ii) any liability under Part 1 of the Consumer Protection Act 1987; or (iii) any liability that cannot by law be excluded or limited. All exclusions and limitations of liability in these Terms and Conditions are subject to this paragraph.
We will not in any event be responsible or liable for: (i) any faults, damage or maintenance to your telephone line; (ii) any loss of profit, revenue, business, contract, anticipated savings, goodwill or data or any similar financial loss; or (iii) any indirect or consequential loss or damage even if we could foresee, or were informed of the possibility of, these losses or damage.
In all circumstances where we are liable to you, whether the liability relates to negligence or otherwise, our total liability to you in any year is limited to one year’s charges.
We: (i) make no warranties, conditions, guarantees or representations as to the quality or fitness for a particular purpose of the Service or any other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in this Contract; and (ii) exclude all liability for:
(a) the accuracy (or inaccuracy) of any material or other information provided or made available by any third party in relation to the Javelin Broadband.net Service;
(b) any third party goods or services purchased or obtained by you or any transactions entered into by you using the Javelin Broadband.net Service; and
(c) the transmission or reception of, or any failure to transfer or receive, any information or software.
14. ADVERTISING AND SPONSORSHIP
Part of the www.javelinbroadband.net website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the www.javelinbroadband.net website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
15. APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
16. MOVING FROM ONE JAVELIN BROADBAND INTERNET ACCESS PACKAGE TO ANOTHER
If you are moving from one Javelin Broadband internet package to another (i.e. upgrading your package), you will need to agree to the terms and conditions relating to that package, including subscription terms.
Calls to our customer services department may be monitored for training purposes.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.