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web design
Terms and Conditions for the netsmartONLINE Website
Terms for the registration Nominet UK Key phrases netsmartONLINE Website Website Hosting Nominet UK Dispute
Resolution Service
Uniform Domain Name
Dispute Resolution Service
Section Headings
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
Acceptance of Terms and Conditions
Interlectual Property and Content
Permitted Use
Links to our site
Third Party Websites
Content
Right to Modify
Your Obligations
Indemnity
Liability Disclaimer
General
Acceptance of Terms and Conditions
1.1 NETSMARTSALES LTD Limited, (Registration number 4208999) Northern Technologies Netherfield Road Nelson Lancashire BB9 9AR whose registered office is at agrees to allow access to and use of its Website located at the URL http://www.netsmartonline.net to these terms and conditions of use ("Terms and Conditions") set out below. By using the Website, you confirm you have read and agree to be bound by these Terms and Conditions and any other terms, conditions or guidelines, from time to time, that may be posted on the Website by NETSMARTSALES LTD. If you have any queries, please contact TERMS and CONDITIONS
1.2 NETSMARTSALES LTD may vary these Terms and Conditions and such changes will be effective immediately upon notice of the changes being posted on the Website, E-mail notification will also be sent to users who have selected to receive the NETSMARTSALES LTD newsletter.
Interlectual Property and Content
2.1 NETSMARTSALES LTD, its suppliers, subcontractors, agents and such other third parties that NETSMARTSALES LTD permits to place content on its Website shall retain ownership, title and interest in all content ("Content") on the Website including but not limited to text, data, information, pictures, sound, graphics, articles, video or audio chips and advertising material.
2.2 All copyright, trademarks and other intellectual property rights ("Intellectual Property Rights") in all Content contained on the Website shall remain at all times vested in NETSMARTSALES LTD or its suppliers, sub-contractors, agents or such third parties that licence NETSMARTSALES LTD to include the same on the NETSMARTSALES LTD Website.
2.3 NETSMARTSALES LTD permits you as a visitor to the Website to:
  2.3.1 copy and permanently store copies of the Keyword Website Registration Terms and Conditions, Website Terms and Conditions, Pricing Structure and NETSMARTSALES LTD Dispute Registration Procedure; and/or
  2.3.2 download the software patch ("Software Patch") pursuant to the Terms and Conditions for your own use; save that you may not use, sell, licence, transfer, copy, reproduce, re-publish, distribute, post, link to or modify in whole or in part any of the Content and/or Software Patch in any manner or form or in or on any media to any person without NETSMARTSALES LTD's prior written consent.
Permitted Use
3.1 You may access the Website for your own use provided that you do not:
  3.1.1 Remove any notices relating to the ownership of the Content or Intellectual Property Rights belonging to NETSMARTSALES LTD;
  3.1.2 copy modify, translate, decipher, de-compile, dissemble or reverse engineer any aspect of the Software Patch
  3.1.3 Modify, translate, reproduce, rent, lease, publish, distribute, sub-licence, loan, copy or purport to or hold out yourself as capable of giving or transferring any rights in Content and/or Intellectual Property Rights owned by NETSMARTSALES LTD.
Links to our site
4.1 You are not permitted to link to any part of the Website other than accessing the Home Page via an Internet browser. Any permitted link to any part of our Website (including to our Home Page) shall include a reference to the Website being the NETSMARTSALES LTD Website.
Third Party Websites
5.1 Whilst NETSMARTSALES LTD offers links to third party Websites ("Third Party Websites"), NETSMARTSALES LTD has no control over the content or appropriateness of the content of the Third Party Website and you acknowledge and agree that NETSMARTSALES LTD is not responsible for the availability of such Third Party Websites and does not endorse nor is responsible or liable for any content, advertising, products, services or other materials on or available from such Third Party Websites and which may be available for viewing via this Website and further NETSMARTSALES LTD shall not be a party to or in any way responsible for any transaction entered into concerning goods or services available through such Third Party Websites.
5.2 You further acknowledge and agree that NETSMARTSALES LTD is not responsible or liable, directly or indirectly for any change or loss whatsoever and howsoever arising or resulting from your use of or reliance on any content, or goods or services available through, on or from any Third Party Websites.
5.3 It is important that you check the privacy policy, terms and conditions of use and content of Third Party Websites accessible by you from NETSMARTSALES LTD's Website, as NETSMARTSALES LTD shall not be responsible for these.
Content
6.1 Whilst every care has been taken to ensure the accuracy of the Content on this Website, NETSMARTSALES LTD shall not be liable for any typographical or other errors or omissions in any Content on the Website belonging to NETSMARTSALES LTD or a third party.
Right to Modify
7.1 NETSMARTSALES LTD reserves the right at any time and at its sole discretion and without further reference to you to:
  7.1.1 Remove any Content, which in its opinion is unsuitable;
  7.1.2 suspend, restrict or alter the operation of the Website or the Software Patch available through the Website.
Your Obligations
8.1 You agree to:
  8.1.1 Use this Website in accordance with these Terms and Conditions and that you will comply with all applicable laws and regulations;
  8.1.2 Are responsible for the security and use of any names or passwords needed to access the Website or any Website services and shall not allow any unauthorised person to access the Website or any of the Website services using your user name or password. You are fully responsible for all activities, which occur under them.
8.2 You agree not to:
  8.2.1 Send, receive, upload, download, use or distribute any material that is offensive, unlawful, harmful, abusive, threatening, indecent, defamatory, obscene, racially or ethnically objectionable or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
  8.2.2 Use or attempt to use any software, engine, or any other means to navigate or search this Website other than the navigation tools and search facilities available on this Website a general third party browsers;
  8.2.3 Carry out any activities in relation to the "screen scraping " or "database scraping" to obtain a list of NETSMARTSALES LTD's users, URLs, Internet Keywords and registrants of any of the aforementioned or other information;
  8.2.4 Except in connection with your own personal, non-commercial use, extract, modify, copy, transmit, disseminate, display, reproduce, publish, licence, create derivative works from, transfer and/or sell any content or software contained on the Website;
  8.2.5 Except where used in connection with the typical indexing activities of a search engine or directory, use or attempt to use any robot, spider, other automatic device or manual process to monitor or copy the Website pages or content of the Website without NETSMARTSALES LTD's prior written consent;
  8.2.6 Access the Website by any means other than through the interface that is provided by NETSMARTSALES LTD for use in accessing the Website;
  8.2.7 Use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Software Patch and/or Website;
  8.2.8 Use or attempt to use any device software or routine to interfere or attempt to interfere with the proper working of NETSMARTSALES LTD's Website and/or the services available from NETSMARTSALES LTD or its servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
Indemnity
9.1 You agree to indemnify NETSMARTSALES LTD against any claims, costs, expenses or legal proceedings arising from your use of the Website and/or Software Patch contrary to permitted use set out in these Terms and Conditions. You agree that NETSMARTSALES LTD may treat such unauthorised use as a material breach of these Terms and Conditions and, without notice to you prevent you from accessing or using the Website and/or Software Patch.
Liability Disclaimer
10.1 The Content and/or Software Patch is provided "as is" without any warranty. NETSMARTSALES LTD and/or its suppliers, sub-contractors and agents hereby disclaim all warranties, conditions, undertakings, terms and obligations implied by statute, common law, usage or otherwise, as are excluded to the fullest extent permitted by law.
10.2 NETSMARTSALES LTD, its suppliers, sub-contractors and agents shall not be liable for any direct, indirect, incidental, special, consequential damage, economic loss (including without limitation, loss of revenue, business, contracts, profits or anticipated savings) arising out of or in any way caused by your use of the Website and/or Software Patch, the delay or inability to use the Website and/or Software Patch, the provision or failure to provide the Website and/or Software Patch or otherwise arising out of the use of the NETSMARTSALES LTD Website and/or Software Patch whether by contract, tort, negligence or otherwise (other than fraudulent or negligent misrepresentations) or otherwise.
General
11.1 These Terms and Conditions govern the use that you make of the NETSMARTSALES LTD Website and supersede any other oral or written communications, agreements or representations with respect to your use of this Website.
11.2 Nothing in these Terms and Conditions affect your Statutory rights as a consumer.
11.3 If any part of these Terms and Conditions are held by a Court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms and Conditions shall not be affected.
11.4 These Terms and Conditions are governed by English law, and both you and NETSMARTSALES LTD submit to the non-exclusive jurisdiction of the English Courts.
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