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Terms and Conditions:

THESE TERMS AND CONDITIONS ARE IMPORTANT AND SHOULD BE READ CAREFULLY. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND IN THE TERMS OR CONDITIONS PLEASE E-MAIL GT Online at [email protected]

1. Definitions

1.1. In this contract the following terms shall have the following meanings unless expressly stated otherwise:

"GT Online" means Guernsey Telecoms Internet Division, a totally owned section of Guernsey Telecoms Limited.

"GT Online Site" means GT Online's web site at http://www.gtonline.net;

"Connection Charges" means any and all telephone call charges, line and/or equipment rental charges or charges for associated services not provided by GT Online but required to access the Service;

"Contract" means these conditions, the Service Description, Service Charge and the Registration Form;

"Customer" means the person named in the Registration Form or any person whom GT Online reasonably believes to be acting with that person's authority or knowledge;

"Registration Form" means the registration form provided by GT Online, either online at the GT Online Site or in hard copy, and completed by the Customer identifying the Service to be provided;

"Service Charge" means the list of charges for provision of the Service published online at the GT Online Site;

"Service Description" means the description of the Service as published at the GT Online Site;

"Service" means the service as published at the GT Online Site comprising the provision of access to the World Wide Web and more particularly detailed in the Service Description;

"Site" means the premises at which the Service is or is to be provided by GT Online;

"Software Materials" means any software, documentation or other goods, including media, made available by GT Online for the purpose of receiving the Service.

2. Effective Date

2.1. By submitting to GT Online a Registration Form the Customer agrees to be legally bound by the terms and conditions of this Contract with effect from the date of acceptance of the Registration Form by GT Online, which acceptance shall be communicated to the Customer by way of provision of a login code and password.

3. Minimum Period of Service

3.1. GT Online has the right to suspend the Service for the purposes of maintenance, repair, upgrading or security. GT Online will endeavour to give the Customer as much notice as possible of such suspension by way of a general notice given at the GT Online Site.

4. Service

4.1. GT Online undertakes to supply to the Customer the Service selected by the Customer in the Registration Form from the effective date. GT Online does not undertake to provide any other services to the Customer and does not accept any responsibility for any computer, telephone or other equipment or telephone services used by the Customer to access the Service.

4.2. GT Online is not responsible for the content of any material made available and/or accessible by use of the Service.

4.3. GT Online reserves the right to disclose the name, telephone and/or facsimile number and/or email address of the Customer to any person making any complaint or enquiry in relation to the use of the Service.

5. Service Charges

Note: There is no Subscription fee for using the internet access. However, there are Premium services Customers can subscribe to at their discretion. The term Service Charge refers to these Premium services selected by the Customer

5.1. The Customer agrees to pay any Service Charges for the Services subscribed to and further agrees that GT Online is authorised to debit the Customer’s preferred form of payment, as notified to GT Online upon registration, or later by Customer choice with such charges from the effective date until any and all indebtedness of the Customer to GT Online is cleared.

5.2. Any local taxes chargeable in providing the Service to the Customer shall be the sole responsibility of and shall be paid by the Customer.

5.3. All Service Charges are payable one month in advance, and on demand.

5.4. Connection Charges necessary to access the Service will be charged directly by the Customer’s telephone service provider.

5.5. GT Online reserves the right to vary any Service Charges at any time but will give the Customer a minimum period of 14 days notice of the same, such Service Charge to be applicable for the next billing period following the expiry of the 14 day period.

6. Illegal use

The Customer acknowledges that GT Online is unable to exercise control over the content of data accessed, transmitted or published by the Customer and undertakes to use the Service only for lawful purposes and undertakes not to access, transmit, publish, display, advertise or make available material which:

6.1. infringes copyright or any other intellectual property right held in any country;

6.2. is obscene or pornographic;

6.3. contains threats of any kind;

6.4. is defamatory in any way;

6.5. breaches confidence; or

6.6. the access to or transmission or publication of which is illegal or infringes any third party's legal rights of whatever nature under the laws of any jurisdiction for any reason.

7. Unauthorised use

7.1. The Customer undertakes to keep the login code and password assigned by GT Online to the Customer secure and not to divulge either of them, or any change to them, to any other person save for members of the Customer's household or business.

7.2. The Customer undertakes to notify GT Online immediately should the Customer have any reason to believe that the login code and/or password have been obtained by any person other than those referred to in this paragraph.

7.3. The Customer undertakes to be responsible for any charges of any nature that may be incurred by GT Online as a result of any authorised or unauthorised use of the login code and/or password.

7.4. The Customer may change the assigned password online or may contact GT Online to effect a change.

7.5. The Customer undertakes not to transfer or sub-lease the Service.

7.6. The Customer undertakes not to deal with the Software Materials in any manner which would or would be likely to infringe intellectual property rights in the same and to return the Software Materials to GT Online upon termination of this Contract for any reason.

7.7. The Customer undertakes not to use communications capacity or bandwidth for any purpose which may result in the illegal access to or collection of data whilst in transit, illegal access to other computers or networks, spamming, flooding or other such broadcasts together with any other activity which may adversely affect other users on the internet.

8. Exclusion and Limitation of Liability

8.1. GT Online is not liable in any way for any activities of the Customer in particular but not limited to any acts which under the laws of any jurisdiction infringe any third party's intellectual property rights (including the use of any Domain Name), infringe obscenity laws, constitute threats, are in any way defamatory or are illegal in any other way.

8.2.The Customer agrees to indemnify GT Online and hold GT Online blameless in relation to any claim brought by third parties located in any jurisdictions (whether governments, corporate bodies or private individuals) alleging any use of the Service by the Customer constituting any unlawful act. The Customer shall immediately notify GT Online in writing of any such claims of which it becomes aware and GT Online may elect to defend such claims. The Customer agrees to offer all reasonable assistance to GT Online in defending such claims at the sole expense of the Customer.

8.3. The Customer agrees to pay all costs, damages awards and professional fees of any kind incurred in relation to any claims made against Him/Her or against GT Online relating to the Customer’s use of the Service.

8.4. GT Online will use reasonable endeavours to maintain the quality of the Service and to ensure the Service is available at all times but makes no warranties regarding availability or quality of the same and is not liable for any loss of any nature suffered by the Customer or any third party as a result of any event outside the control of GT Online and in any event is not liable for any loss suffered by the Customer or any third party as a result of any interruption to the Service lasting less than 3 (three) days. The Customer acknowledges that GT Online is not responsible for maintaining any insurance cover of any nature to cover loss by anyone other than GT Online.

8.5. The Customer acknowledges that GT Online is not able to evaluate any potential loss to the Customer and that GT Online’s liability to the Customer, whether for breach of contract, negligence or otherwise, in respect of any defect in or discontinuance of the Service is limited to the subscription fee payable by the Customer for the Minimum Period of Service above. Further, GT Online is not liable to the Customer for any special or consequential damage which the Customer may suffer as a result of any loss of business, contracts, profits, savings or otherwise.

8.6. GT Online is not responsible for maintaining any site or address on the Internet other than its own site and address and GT Online does not warrant or represent the continued availability of any other site or address. The Customer is responsible for obtaining any insurance which the Customer may require for any potential loss which the Customer may suffer through the unavailability of the Service or any other postal site or address.

8.7. The Customer acknowledges that by entering into any contract or other obligation with any third party through the GT Online Site, GT Online will neither become a party to such arrangements nor assume any liability thereunder.

9. Temporary Unavailability of Service

9.1. If the Service is unavailable due to circumstances beyond the control of GT Online for a continuous period of more than 30 (thirty) days the Customer shall be entitled immediately to terminate the Contract and the Service and GT Online will refund any Service Charges paid for in advance for the unavailable period and any period thereafter.

10. Termination

10.1 This Contract may be terminated by any of the following events:

10.1.1. 1 (one) month’s notice given to the Customer by GT Online;

10.1.2. 1 (one) month’s notice given to GT Online by the Customer;

10.1.3. immediately by GT Online upon breach of any of the terms and conditions contained in this Contract or failure by the Customer to pay any Service Charge due to GT Online;

10.1.4. by the Customer for unavailability of Services under paragraph 9 of these terms and conditions.

10.2. Termination of this Contract and Service is always subject to the payment by the Customer of the Service Charge for the provision of the Service for the Minimum Period of Service above.

10.3. Any Service Charges paid in advance for any period of time after termination takes effect will be refunded except in the case of termination under paragraph 10.1.3. above. The Customer undertakes to pay any Service Charge or other charge incurred up to the date of termination.

11. Notices

11.1. Unless expressly stated otherwise:

11.1.1. any notice required to be given by the Customer to GT Online shall be in writing and sent to GT Online's address or facsimile number published at the GT Online Site. Service of any such notice shall only be deemed good upon receipt by GT Online;

11.1.2. any notice required to be given by GT Online to the Customer shall be in writing and sent to the Customer's address or facsimile number or e-mail address as provided to GT Online in the Registration Form and shall be deemed good service upon sending or, in the case of post, 48 hours after posting by first class post.

11.2. Any change of details of the Customer shall be provided to GT Online in accordance with the provisions of paragraph 11.1.1 above.

12. Assignment

12.1. GT Online reserves the right to assign all or part of this Contract to any company and/or to sub-contract its obligations hereunder upon giving 14 days notice to the Customer, which notice shall be validly given by way of a general notice displayed on the GT Online Site.

13. Software

13.1. Any property in any Software Materials made available by GT Online, including intellectual property, will remain that of GT Online or its licensors.

13.2. GT Online hereby grants the Customer a non-exclusive, non-transferable licence to use the Software Materials for the purpose of receiving the Service only. Such licence will terminate upon termination of the Contract for any reason.

14. Governing law

14.1. This Contract is governed by and shall be construed in accordance with the laws of the Island of Guernsey. GT Online and the Customer agree to submit to the exclusive jurisdiction of the Royal Court of Guernsey for the settlement of any disputes arising or consequential upon the use of the Service or relating to a breach or alleged breach of the Contract.

GT Online is a wholly owned division of Guernsey Telecoms Limited.