(The Cymru 1 Connect service is our original Pay As You Go Dial-Up product, with customer being issued with a dial-up number of 0844 535 1740 and an email address ending in Cymru 1. These terms and conditions apply to your use of this number and address)
You have elected you to sign up for the Cymru 1 Connect services
operated by Cymru 1 Limited ("Cymru 1"). If you
subscribe, your use of the services ("Services")
is subject to the following Terms and Conditions and Acceptable
Use Policy. The Cymru 1 Connect service is only available
in the United Kingdom.
EXCEPT AS SET FORTH BELOW, FEES, IF ANY, FOR THE CYMRU 1 SERVICES, AND THESE CYMRU 1 TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY (COLLECTIVELY "TERMS AND CONDITIONS") ARE SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU VIOLATE THE TERMS AND CONDITIONS, CYMRU 1 LIMITED RESERVES THE RIGHT TO CANCEL YOUR CYMRU 1 ACCOUNT(S), IN ADDITION TO OTHER REMEDIES IT MAY PURSUE.
CYMRU 1 FREE INTERNET ACCESS
Under this Internet Access service you will receive free unlimited Internet Access via Cymru 1’s 0845 or 0844 Access ports (where available), an E-Mail address and 30Mb of Web Space. You are responsible for paying for the cost of the phone call to connect to our access ports.
Cymru 1 provides telephone technical support for the Connect service between the times of 9am to 5:30pm Mon-Fri. All technical support calls are charged at 50p per minute at all times.
GENERAL TERMS AND CONDITIONS
You represent that you have the right and ability to enter into these Terms and Conditions. You affirm that the information you have provided during the signup process relates to you and is accurate. At any given time on your account, only one person is authorized to access the Services.
RESERVATION OF RIGHTS
CYMRU 1 RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MAKE CHANGES AND MODIFICATIONS IN SERVICE, EQUIPMENT AND THE RATES AND TERMS OF THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTIFICATION. CYMRU 1 RESERVES THE RIGHT TO TERMINATE THE SERVICES AT ANY TIME.
Cymru 1 reserves all copyrights and other rights in and to any content available through the Services and identified as or claimed by Cymru 1 as proprietary to Cymru 1 (and its licensors).
Cymru 1 shall provide Internet Services as specified on our web sites and in product literature. Cymru 1 does not guarantee modem access speeds, telephones lines, telephone traffic and other telecommunication factors which are outside its control, which may affect the speed that a particular modem can receive or transmit data. Cymru 1 does not control or in any way warrant the reliability, availability or performance of resources accessed through the Internet.
DATA AND EMAIL
Cymru 1 assumes no liability for damage to account files, loss of data, or connect time charges attributable to your failure to maintain confidentiality or protect your passwords from unauthorized users. Cymru 1 makes no guarantee and assumes no liability for the security of any data on any server, including secure servers. You acknowledge that there is no guaranteed privacy on the Internet and that Cymru 1 is not liable for any viewing or interception of your email, news, etc. by outside parties. Cymru 1 reserves the right to monitor your email, newsgroup and other activity if such activity adversely impacts Cymru 1's Services or customers, or if Cymru 1 staff suspects that such activity is in violation of these Terms and Conditions.
NOTE: Access to POP3 mailboxes is not possible from outside our 0844 535 1740 dial-up network. Access to smtp servers other than smtp.cymru1.net is not possible at any time. Running your own smtp server is not possible.
30Mb of webspace is provided as part of the service. In order to make use of this webspace you must first apply for its activation.
Uploading and downloading files via FTP can only be achieved if you connect to the Internet via Cymru1's 0844 535 1740 dial-up network. The viewing of files (your web site) uploaded to your webspace is possible through any Internet service.
LIMITATIONS ON USE
Cymru 1 reserves the right to suspend or cancel your Cymru 1 account if it isn't used for a period of 45 days. Cymru 1 reserves the right to suspend or cancel your account if your use of the Cymru 1 Services adversely impacts system performance or is in violation of these Terms and Conditions.
You acknowledge that Internet sites and use of the Internet (including, but not limited to, newsgroups, chat, message boards, IRC, FTP, and Telnet) might consist of, include or provide access to images, sound, text and other content that may be unsuitable for children and objectionable to adults. You acknowledge that Cymru 1 is not responsible for any such content or material and agree that access to such material through use of Cymru 1's services is at your sole risk. You acknowledge that safeguards relative to copyright ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Cymru 1 does not evaluate, endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, material of information made available through the Services.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE CYMRU 1 SERVICES IS AT YOUR SOLE RISK. NEITHER CYMRU 1 NOR ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CYMRU 1 OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
NEITHER CYMRU 1 NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT IT WILL NOT IN ANY WAY HOLD CYMRU 1 RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
ACCEPTABLE USE POLICY
In addition to the foregoing limitations, you agree and acknowledge that Cymru 1 may enforce these Terms and Conditions against you if you engage in any illegal activities or in activities that are otherwise unacceptable under the Acceptable Use Policy set forth in this section.
YOU MAY NOT USE THE CYMRU 1 SERVICES FOR ILLEGAL PURPOSES OR IN SUPPORT OF ILLEGAL ACTIVITIES. CYMRU 1 RESERVES THE RIGHT, AT ITS OPTION AND IN ITS REASONABLE GOOD-FAITH DISCRETION, TO PROVIDE INFORMATION ABOUT YOU OR YOUR ACCOUNT WHEN REQUIRED TO DO SO IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF CRIMINAL OR CIVIL MATTERS.
Activities which are prohibited as potentially illegal include, but are not limited to: Unauthorized copying of copyrighted material including, but not limited to, digitization and/or distribution of the following works in any form: photographs from any copyrighted source (such as newspapers, magazines or books); musical works and recordings; movies and video; or copyrighted software. Exporting software or technical information in violation of U.S. or other applicable export control laws. Posting or emailing of "make-money-fast" schemes, "pyramid" or "chain" letters or other similar scams. Threatening bodily harm or property damage to individuals or groups. Making fraudulent offers of products or services. Distributing viruses to or from Cymru 1 networks and/or connected equipment. Otherwise trafficking in illegal content. Attempting to access the accounts of others, or attempting to penetrate security measures of Cymru 1's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data. Harassing others by "mail-bombing", "news-bombing" or "spamming". "Mail-bombing" constitutes sending more than ten (10) similar mail messages to the same email address. "News bombing" constitutes sending more than 10Mb of data to a newsgroup. "Spamming" constitutes the transmission of unsolicited commercial mass mailings. Sending unsolicited email messages where the recipient objects to the content or receipt of the message is also prohibited under these Terms and Conditions. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages. You acknowledge that you are prohibited from utilizing Cymru 1's Services or equipment or any Cymru 1 electronic mail address to send the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Cymru 1's Services, Cymru 1's equipment or any Cymru 1 electronic mail address. You specifically agree that you will not utilize Cymru 1's services or equipment or any Cymru 1 electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. Cymru 1 will charge the sender of any SPAM messages at a rate of 1 UK pound per recipient. Even though not necessarily prohibited by law, you may not use the Cymru 1 Services for or in support of inappropriate purposes, such as: Accessing, storing or transmitting pornographic content. Engaging in activities that are vulgar or profoundly offensive. Profoundly offensive activities include, but are not limited to, posting or transmitting of material in support of racial, religious or other unacceptable bigotry. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). Use of the same username and password combination for simultaneous login - except from the same equipment for the purposes of achieving a ML-PPP connection (i.e. dual-channel ISDN connections). Forging any message header, in part or whole, of any electronic transmission, originating or passing through Cymru 1 servers. Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others. It is also unacceptable to engage in an illegal or unacceptable activity using the service of another provider but channelling such activities through a Cymru 1 account or re-mailer, or using a Cymru 1 account as a mail drop for responses.
CYMRU 1 RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO REMOVE ANY INFORMATION, SOFTWARE OR OTHER CONTENT OR MATERIAL ACCESSED OR PROVIDED THROUGH USE OF THE SERVICES THAT IS (1) POTENTIALLY ILLEGAL, (2) COULD SUBJECT CYMRU 1 TO LIABILITY OR (3) OTHERWISE IN VIOLATION OF THESE TERMS AND CONDITIONS. CYMRU 1 HAS THE RIGHT TO ENFORCE USE OF THE SERVICES BY TEMPORARILY SUSPENDING YOUR ACCOUNT OR PERMANENTLY CANCELLING YOUR ACCOUNT AND TERMINATING YOUR ACCESS TO THE SERVICES.
These Terms and Conditions are non-transferable. These Terms and Conditions constitute the entire agreement between the parties and shall be interpreted under the laws of England and Wales without reference to conflict of law principles. If any term in this agreement is found to be invalid of unenforceable, it shall be deleted from this agreement and the remaining terms of the agreement shall continue in full force and effect.
Any software described in this document is furnished under a license agreement. The software may be used or copied only in accordance with the terms of the agreement.
Any software or program used to access or utilise any Cymru 1 service may be used only in accordance with the terms of the license agreement furnished with or applicable to that software or program.