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THE ALEXTRA SERVICE
1 The Alextra Service (The Service) will provide you the
user with the facility to send, store, receive
and group share electronic files and data via the Alextra site at
www.alextra.com for which Alextra
will not charge the user except for enhancements listed in the current
list of charges which the user
may elect to obtain and which may be varied by Alextra from time
to time at is discretion. All
changes to the list of charges and the terms of service will be
notified to the user by an alert
on login and/or start up. To continue you to use and to avoid immediate
termination the Alextra Service
after notification of increased charges or change in the terms
of Service the user must press the "I
accept" box that follows the notified changes. You
accept that by pressing the "I accept" box that you are
agreeing to the change in the scale
of charges or terms of Service.
2 To obtain the use of the Service at Alextra the user must:-
(1) pay any Service fees associated
for access to the world wide web and
(2) provide all hardware and software for the user to make such
connection to the world wide web.
(3) Comply with all laws and regulations whether National or International.
THE AGREEMENT
3 The Users Registration obligations
The user of the Service agrees to:-
(1) register with Alextra completely accurate, up to date and true
information about the user,
(2) maintain and regularly update in a complete form the above information.
4 The User agrees that if any information that the user provides
is false, misleading, out of date
or only partially complete then Alextra may at its sole discretion
close the Users account and
deny to the user or anybody associated with the user future use
of the service.
5 Alextra or anybody acting under its instructions may at
its sole discretion pass on demographic information
about the user to a third party. Alextra agrees with the user that
it will not disclose
to any third party the users name, mailing address, e-mail
address, telephone number, facsimile
number or account number unless required to do so by law or legal
process
6 The Users Obligations
The Service will allow the user to send, store, receive, and retrieve
electronic files and data through
the world wide web. The user agrees:-
(1) that the Service will not be used for the transmission of any
material that is unlawful,
harassing, libellous, abusive, threatening, vulgar, obscene or otherwise
is a nuisance, or
infringes the privacy the intellectual property rights of any third
party, and
(2) not to use the Service for the transmission of "junk mail"
"spam", chain letters, or the unsolicited
mass distribution of files or images, and
(3) not to interfere with or disrupt the Service, or networks connected
to the Service, and
(4) to immediately comply with all requirements, procedures, policies
and regulations of the networks
connection to the Service,
7 The Users Indemnity
The user agrees to indemnify Alextra Ltd, and keep harmless from
any claim or demand made by any
third party arising out of the users use of the Service the
users connection to the Service,
the users violation of the Terms of Service or the
users violation of any rights
of a third party.
8 Re-sale of the Service
Re-sale of the service by the user is expressly prohibited.
9 File Storage
The Service will provide file storage upon the following conditions:-
(1) the storage is within the upper limit prescribed by limits of
the Service, and
(2) the size or amount of files prescribed by the Service, and
(3) for the period of time prescribed by the Service.
The user agrees that Alextra shall not be responsible for any loss
howsoever caused to
the user by the deletion or failure to store files on the Alextra
system.
10 Termination of the Service
The user agrees that the Service may be terminated by Alextra where:-
(1) Payment of the users account is overdue,
(2) any of the terms of this Agreement have been broken,
(3) where the service has not been used during a period of 3 months,
11 Alextras Proprietory Rights
The user agrees that:-
(1) all material offered by the service to the user is protected
unless otherwise stated by copyright,
trade marks, service marks and patents, and
(2) that all material and information presented by the service may
not be copied, reproduced, transmitted,
and distributed by any means without the consent of the
owner or Alextra, and
(3) that where material and information may be copied, reproduced,
transmitted or distributed by
any means the prior consent of Alextra or the owner of the material
and information must first be
obtained.
12 Alextras Liability
The Service will be provided upon the following conditions:-
(1) that at all times use of the Service by the user is at the sole
risk of the user.
(2) that Alextra will not be liable to the user for the non availability
of the Service
or for failure to re-connect the Service during the term of this
Agreement, and
(3) for the Service not meeting the users requirements whatever
they may be, and
(4) that the material and information provided to the user has not
been checked for
correctness or accuracy, and
(5) any damage caused to the users and any third partys
software, hardware or
other equipment howsoever caused, and
(6) material or information causing defamation, harassment, invasion
of privacy,
or breach of intellectual property rights.
13 Confidentiality
Files, data, material and information delivered via the Service
are confidential
between the sender and the recipient and Alextra will not monitor,
edit or
disclose the contents of files except as required by:-
(1) by law or an order of a Court,
(2) enforcement of the terms of this Agreement. and
(3) to protect intellectual property rights.
14 The user agrees that Alextra may from time to time back
up files and data and maintain back
up for so long as Alextra should consider necessary and the user
agrees that such backing up
of the files and data shall not amount to a breach of copyright,
trade marks, service marks and
patents owned by the user.
15 Modification of the Service
Alextra may discontinue, temporarily or permanently, modify the
Service after giving a reasonable
period of notice to the user.
16 Dealings with Third Parties
Alextra shall not be liable for any loss or damage howsoever caused
suffered by the user as a result
of any dealing with an advertiser or sponsor using the Service.
17 Notice
Any notice to the user may be served either by e-mail and/or posting
by mail to the address registered
for the user on the users registration form. Service shall
have been deemed to have been
effected by e-mail within 24 hours of delivery and by mail
within 24 hours in the United Kingdom
and Ireland and 56 hours of posting elsewhere.
18 Entire Agreement
Alextra and the user each acknowledge that the terms of Service
constitute the entire contract
between them.
19 Jurisdiction
This Agreement shall be subject to and construed in accordance with
the laws of England.
20 Legality
Any provision or term of this Agreement or any part of it shall
become or be declared illegal,
invalid or unenforceable for any reason whatsoever, including but
without limitation by reason
of the provisions of any legislation or other provisions having
the force of law or by reason
of any decision of any Court or other body or authority
having jurisdiction over the parties
of this Agreement, such terms or provisions shall be
divisible from this Agreement and shall be deemed to be deleted
from this Agreement in the jurisdiction
in question.
21 The Service Provider
The Service is provided by Alextra Ltd. (referred to in this Agreement
as Alextra) Unit 7, Newbery
Centre, Airport Business Park, Exeter, EX5 2UL, UK with whom this
Agreement is made.
I the user have read and understand the foregoing Agreement and
agree to be bound by all of its terms.
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