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Definitions: "LanDclub" means the Luton and Dunstable Community Network Club, which is part of the Consume project. "the Consume net" means the networking service run by members of LanDclub in the Luton and Dunstable area. "The Member" means the member of the LanDclub who is to use Consume net. An "ISP" is a commercial Internet Service Provider. The LanDclub is not an ISP and is independent of all ISPs. "The Terms and Conditions for Operational Membership" is this document. It defines the terms and conditions for connection to and use of Consume net. This agreement is between The member and LanDclub. Note that, as well as having to comply with legal requirements, The Member has to comply with LanDclub requirements which are largely self regulated. The Terms and Conditions for Operational Membership exists mainly to ensure suitable self regulation. Access to the network is conditional on formal acceptance of these Terms and Conditions by The Member. The Terms and Conditions for Operational Membership cover the following: General Requirement on MembersThe Member shall read these Terms and Conditions, acknowledge that they understand all the Terms & Conditions herein and agree to be bound by them. Use of the Consume net implies acceptance of the Terms and Conditions for Operational Membership by the Member. Compliance with Government (national and local) regulations and lawsThe Member shall be responsible for using only equipment that is compliant with regulations, to connect to and access the Consume net. The Member shall be responsible for complying with any other (local or national) regulations that might apply to use of the Consume net. The Member shall agree not to use the Consume net for commercial purposes. The Consume net is intended for personal use and the use of charities, amateur and voluntary non-profit making organisations only. The Member shall not act illegally when using the Consume net. Compliance with Internet connection through ISPsThe Member shall be responsible for complying with the Terms and Conditions imposed by the Service Provider. The Member shall be responsible for any payment for connection or service charges necessary to access the Services of the ISP. Compliance with LanDclub membership requirementsMembers ResponsibilitiesThe Member shall provide correct, accurate and current identification information when registering and notify LanDclub, as soon as possible, of any changes thereafter. The Member shall provide, and agree to their Node name, e-mail address and post code being made public in the Consume nodes database. The Member shall accept responsibility for any content posted by them or transferred through the Consume net (including, but not limited to, email, web pages, newsgroups, chat or video-conferencing). The Member shall ensure that data and material of value on their computer(s) and node(s) be backed up securely should their node be corrupted or fail for whatever reason (including attacks from other Members or from users of the Internet). The Member shall use encryption or other security mechanisms to ensure privacy of transmitted material. The Member shall operate a node (preferably "Always On") on the Consume net that gives "pass-through" rights to all other members. I.e. the node shall act as a router. The Member shall report any observed infringement of this agreement to the LanDclub (email: swimsite@freeuk.com). The Member shall agree that in the event that they have any legal claim or action against any other member arising out of the use of the Consume net, then they will pursue that claim or action directly with the member concerned, and not with LanDclub. The Member may terminate membership of LanDclub at any time by "Unregistering" and ceasing all use of the Consume net. Upon unregistering, this agreement ceases to apply. The Member shall immediately upon notification, recind access rights to any other Member who terminates their membership. LanDclub ResponsibilitiesThe LanDclub will comply with the relevant Data Protection laws, so normally any personal details provided for registration purposes will not be disclosed to third parties without the Members consent. However, the Member shall agree to their Node name, e-mail address and post code being made public in the Consume nodes database. Infringements of this agreement shall be monitored by LanDclub and appropriate action taken to prevent unacceptable behaviour. Such action may include expulsion from the network and registration of the member as "Expelled" in the Consume nodes database. [the latter assuming the Consume members in EC2 agree to this additional status being included in the database] The LanDclub reserve the right to deny access to all or any part of the Consume net to the Member without prior notice if LanDclub has due reason to believe that the Consume net is not being used in accordance with this agreement. LanDclub may exercise the right to deny the Member access
to the Consume net without prior notice if: The LanDclub reserve the right to close the club to new members. The LanDclub reserve the right to terminate the club and the operation of the Consume net in the Luton and Dunstable area. Restrictions on use of the Consume net by the MemberThe Member shall use the Consume net only for lawful purposes. The Member shall agree not to use the net for any illegal purpose. The Member shall agree not to use the Consume net to distribute computer viruses or worms to third parties. The Member shall agree not to use the Consume net to post or transmit any material which is defamatory, offensive, or of an obscene or abusive nature. The Member shall acknowledge that they are aware that the Internet which may be accessible through the Consume net may contain material that is unsuitable for young persons and agree to supervise usage by minors who they permit to use the Consume net. The Member shall agree not to use the Consume net in a way that causes it to be halted, slowed or otherwise damaged so that the effectiveness or functionality of it is seriously reduced for other users. The Member shall agree not to use the Consume net in any manner which constitutes a violation or infringement of any copyright or trademark. The Member shall agree not to use the net to transmit or post any material for the purposes of commercial publicity, commercial promotion or commercial advertising. The Member shall agree not to use the Consume net to attempt any unauthorised access to any part or component of Consume net (or other directly or otherwise connected network) not owned by the Member. The Member shall agree not to carry out any of the following: The Member shall agree not to impersonate any other member, to hide their true identity or to discredit a third party. LanDclub LiabilitiesThe Member shall accept that, whilst efforts will be made to setup and maintain an operational Consume net, this cannot be guaranteed. The LanDclub make no warranty for the service provided by an ISP for Internet connection. The LanDclub shall not be responsible for any payment for connection or service charges necessary to access the Services of the ISP. The LanDclub make no warranty that service on the Consume net will meet the Member's requirements. The LanDclub will not be responsible for any loss of information during transit on the Consume net. The LanDclub will not be responsible for any failure of service on the Consume net. The LanDclub will not be responsible for continuity of service on the Consume net. The LanDclub will not be responsible for security of service on the Consume net. The LanDclub will not be responsible for the perfomance of the Consume net. The LanDclub will not be responsible for the accuracy of any information made available on the Consume net by the Members. The LanDclub accept no liability for the consequences of use of information made available on the Consume net by the Members. The Member shall agree that LanDclub shall not be liable for any loss or damage whatsoever arising from use of the Consume net. Revision of these Terms and ConditionsLanDclub reserve the right to revise these Terms and Conditions without prior notice. Notice will be given on the LanDclub website or by e-mail when revisions are made. These Terms and Conditions are to be kept under review
and are subject to change in the light of: Relevant LawThese Terms and Conditions for Operational Membership of LanDclub shall be governed by the laws of England and any disputes shall be exclusively subject to the jurisdiction of the courts of England. |
Please send comments on this document to the Local Contact/Acting Co-ordinator: Paul Clarke
25 Jan 02