Free Internet Access Service - Full Terms and Conditions   

Acceptable Use Policy
The Internet is an emerging communications technology where national and international standards of use, data protection conventions, direct marketing codes of practise and established commercial practices are still being defined. As a pragmatic "acceptable use policy"

We require you not to
Modify, access or make available data stored on a computer or device which you have accessed through our network, when either

  • the owner of the data, computer or device has taken steps to prevent you from doing this
  • or the owner has expressed a wish that you not do this.

Use our network in any way to send unsolicited or unwanted non-commercial or commercial email (spam) - if you send mail that's unsolicited or unwanted and/or commercial then we have the right to unilaterally remove and/or suspend your account. Furthermore we reserve the right to charge for the use of our resources and staff in dealing with the consequences of mass mailings conducted through our network in any way.

You must have an up to date Anti-Virus system operative on your computer at all times and take all necessary steps to prevent the spread of viruses, trojans and other such undesirable files.

Not to use our Network to send any malicious, threatening, pornographic, harmful or objectionable messages or data of any kind.

If you have any doubts about whether a particular email is 'spam' and therefore in breach of our acceptable use policy please send an email to support@smartemail.co.uk and we will advise you.

We require you to

Respect the privacy, feelings and resources of your fellow Internet users.

We retain the absolute right to disconnect any user from the Free Internet Access Service where we consider the user to be contravening its acceptable use policy or any other aspect of its full terms and conditions listed below. We reserve the right to alter our Acceptable Use Policy without prior notification.

Core Conditions of Use

1. The service is free because we will not charge the user any monthly or annual service fees for the use of our Free Internet Access Service.
2. The user will remain obligated to paying for the local telephone call charges at the rates publicised by their telephone operator with whom they make their local calls. The contract and charges for the telephony access to the Free Internet Access Service lie between the user and their telephony service provider not ourselves. The charges for the users local rate 0845 calls will appear on the bill received from their telephony service provider and are set by their telephony service provider and we have no control over these whatsoever.
3. You shall provide Caller ID information on your telephone line. We terminate calls at a licensed public telephony operator with its own switching facilities and CLI information is presented automatically.
4. Uploads to the user's web space will be limited to 25 Mb and daily bandwidth to any one site may be restricted at our sole discretion.
5. We will not permit FTP access to the user' web site or POP3 access to their e-mail from outside of our network. Further more direct SMTP connections from outside of our network may also be barred at our sole discretion. We may provide WebMail with unrestricted access from any ISP at our sole discretion.
6. Where a user has not connected to us for 45 days we may deactivate and remove the account, including email addresses and web-space from our service. All user names and passwords will become available to other users. Also, any email left on the mail server for more than 90 days is subject to deletion.

Liabilities

1. As the Internet Access Provider, we cannot be held responsible for the content of the users website, e-mails, news postings or any other material distributed through our service, or for information and material that is accessed by the user through our service.
2. The user is solely responsible for ensuring that any material transferred to or from their computer does not infringe the laws governing, but not exhaustively covering, copyright, trademarks, pornography, or any other material which is slanderous, defamatory or might cause offense in any other way.
3. We reserve the right to remove such information that is brought to our attention and which we deem in breach of the above without warning and/or to make available such information when requested to regulatory bodies or law enforcement organisations.
4. We will take every reasonable step possible to ensure a fast and reliable service. We cannot be held responsible for any disruption in service howsoever caused, loss of or corruption of any information in transit, or loss of or corruption of information when downloaded onto computer systems.
5. The user agrees to indemnify us from any claims or legal proceedings arising from the use of the service which are brought or threatened against it.

Responsibilities

1. We are responsible for providing the user with an Internet Access Service, including the specified email and web-space service which does not involve the user in the payment of any monthly or annual fee, other than their local rate call charges, for the defined service.
2. The user undertakes to use the service in a manner consistent with the terms and conditions.

Data Protection

The limited user information gathered by us in the setting up and maintenance of the users account will be recorded electronically by the telecom company and only used in accordance with the Data Protection Act 1984.

Software

Any software provided by us is provided free of charge and the end user is responsible for registering any software that requires such registration.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless us against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers or those of our partners; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from our servers or those of our partners, and (5) any statements made within information or pictures held on our servers that may be seen as unsuitable, defamatory or libelous in any way.

Disclaimer
We will not be responsible for any damages you or your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us and our agents, partners and employees. We reserve the right to revise our policies at any time and without notification.

Alterations to Terms and Conditions
We reserve the right to adjust the terms and conditions of service at any time and these will typically be displayed here on the main web site. Furthermore we reserve the right to send email information to its users solely concerning our services which we deem the users should be aware of.