Contents
- Definitions
- General
- Membership Entitlement, Registration and Verification
- Member Obligations and Prohibitions
- Password Security
- Reporting Abuse
- Misuse Damages
- Member Profiles
- Content Uploaded by Members
- Competitions and Promotions
- Service Level
- Storage
- Pricing and Payment
- Privacy Policy
- Rights to Name
- Third Parties and Linked Sites
- Limitation of Liability
- Indemnities
- Disclaimer of Warranty
- Copyright and Trademark Notices
- Termination
- Notices
- Severability
- Action Limit
- Headings
- Transferability
- Modification
- Language
- Entirety
- Law and Jurisdiction
- General Reservation
- Contact
Definitions
In these Terms and Conditions the following definitions shall apply:
'University' - The CHANCELLOR, MASTERS, AND SCHOLARS OF THE UNIVERSITY OF CAMBRIDGE The Old Schools Trinity Lane Cambridge CB2 1TN, acting through the Cambridge University Development Office of 1 Quayside, Bridge Street, Cambridge, CB5 8AB, United Kingdom
'Service Provider' - Aluminati Network Group Limited of 2 Minton Enterprise Park, Oaks Drive, Newmarket, CB8 7YY, United Kingdom, registered in the United Kingdom with company number 4953058
'Us', 'We' and 'Our' - -the University which may include, where the context admits, the Service Provider acting on behalf of the University
'Service' - all facilities, functionality, content, graphic design, links, information provided on the Website or otherwise as part of the Cantab.net System.
Cantab.net System - the e-mail forwarding service and the full e-mail service made available by the University to its alumni.
'Website' - the website under the domain cantab.net and any other websites relating to the Cantab.net System established by the University through the Service Provider.
'User', 'You' - anyone who is visiting the website, is on a free trial period, has a Membership with the Service or has completed the Registration section within the System; anyone using the Services, whether or not they have a Membership, to search for or communicate with us or other Members or companies.
'Member' - a User who has subscribed and been accepted for Membership
'Applicant' - anyone who is applying for, or intending to apply for, Membership by completing registration and verification.
'Membership' - a User's subscription to use the Service, following the completion by the User of the Registration and Verification sections within the Service, whether or not the User has paid money.
'Registration'- that part of the Cantab.net Service where Users supply information about themselves (subject to the Privacy Policy) with a view to attaining Membership
'Verification' - the part of Registration whereby a User provides evidence of their identity and establishes their eligibility for membership.
General
The Service is provided by the University. It is has been developed and is managed by the Service Provider as sub-contractor to the University.
The following are the Terms and Conditions for use of the Service. Your use of the Service will be deemed by us to signify your acceptance of these Terms and Conditions including our Privacy Policy and will form a legally binding contract between you and the University.
BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.
The Service is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. You re-affirm your agreement every time you use the System or the Services whether or not you have paid a subscription fee.
Visitors to the System who do not apply for Registration or who do not have Membership affirm their acceptance of these Terms and Conditions each time they visit the System or use the Services.
Your agreement is directly with the University and not with the Service Provider or any website or affiliate that you are using to access this service. The Service Provider has been retained by the University to manage the Service on its behalf and will be your first point of contact if you have any questions about or, or problems with, the Service. The Service Provider has authority to act on our behalf in connection with the provision of the Service and your Membership.
Membership Entitlement, Registration and Verification
Applicants are expected to provide accurate and true information about themselves during the Registration process to establish eligibility for Membership.
The Service is aimed towards graduates of the University and may in the future be made available to current students. Any Applicant must be a graduate (and/or, if applicable a current student) of the University of Cambridge, to be accepted for Membership. Eligibility will be verified by the Service Provider with the University.
In completing the Registration section and using the Service, the Member must not impersonate another person or Member.
You may be asked to give a verification code that is emailed to you to establish ownership of your address. You are specifically prohibited from colluding with another party who allows you access to their email account in order to verify yourself falsely.
The Member specifically grants authority to the University and the Service Provider to carry such validation checks as they see fit in order to confirm as accurate the information supplied by the Member to the Service.
Upon request at any time from us or the Service Provider the Member shall confirm the details in the Registration form and provide such other information as may reasonably be requested from time to time.
If any information provided by the Member is untrue, inaccurate, obsolete or incomplete, we shall have the right immediately to terminate the Member's Membership (without refund) and refuse any and all current or future use of the Service.
We will place reliance on the accuracy of information supplied by the Member. The Member is liable for any loss as a result of their misstatement or inaccuracy.
Members are reminded that any attempt to deceive us through acts of forgery or other illegal activity may be reported to law enforcement authorities.
Acceptance of applications for Membership is at our sole discretion. We reserve the right to refuse Membership to any person without giving an explanation.
Member Obligations and Prohibitions
The Member agrees:
· to comply with all requirements, procedures, policies and regulations of networks connected to the Service
· not to interfere with or disrupt the Service or servers or networks connected to the Service
· not to gain or attempt to gain unauthorised access to other computer systems or networks connected to the Service nor attempt to gain access to other Members' accounts
· not to use the Service in a manner or for a purpose that violates the rights of another, including but not limited to the intellectual property rights of another
· not to interfere negatively with the use and enjoyment of the Service by other users
· not to include in any communications sent or posted via the Service, any harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, racist or otherwise objectionable material of any format (including without prejudice, text, photos or images)
· not to use the Service in a manner that may transmit a malicious file, 'Virus', 'Worm', 'Trojan Horse' or other hostile program or software
· not to transmit 'junk mail', 'spam', 'chain letters', or unsolicited mass distribution of marketing or other materials or communications including (without limitation) those connected to pyramid selling schemes
· not to resell, rent or hire any content of the Service (specifically any information contained in any directory), or use of, or access, to the Service
· not to use the Service for commercial use (although emails of a business nature are permitted) unless using a service specifically provided to support business purposes.
· not to impersonate any other person, while using the Service
· not to use the service in any manner which violates any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol
Furthermore, we reserve the right, without obligation, to reject or remove any communication, profile or other material that does not comply with the letter or spirit of these Terms and Conditions.
Password Security
The Member is responsible for the security and protection of their password. This includes selecting a password that is sufficiently difficult to crack (i.e. of sufficient length and including non-alphabet characters). We will NEVER ask Members for their password and Members are advised against telling anyone their password. Passwords are stored in encrypted form so that they are not useable even if the password file/database were accessed. The Member must notify the Service Provider if they suspect that their account has been compromised.
In very rare cases members may request that the Service Provider access their account with their password. In doing so members agree to indemnify the Service Provider and the University against any and all losses or damages that may result from such access. Afterwards, the Member must change their password.
Reporting Abuse
We encourage Members to report to the Service Provider abuses of the Service by visitors or other Members. Such abuses shall specifically include:
· breaching of Member Obligations which are set out in these Terms and Conditions
· passing off as a rightful member of a community (eg a University) when they are not
· sending emails containing malicious software or unsolicited commercial content (or any other message that would normally be classified as SPAM).
Please report any abuse to the Service Provider's abuse helpdesk: abuse@aluminati.net
Misuse Damages
We will immediately terminate any account which we believe, at our sole discretion, is transmitting or is otherwise connected with any deliberate sending of malicious software, spam or other unsolicited bulk email. You agree to pay us actual damages; to the extent such actual damages can be reasonably calculated.
Member Profiles
We are not (and cannot be) responsible for the accuracy of information posted by Members about themselves during Registration and will not (and cannot be expected to) verify all such information excepting those details covered in our Verification process.
The Member warrants to keep up to date the information pertaining to them in any provided profile function and to update it when changes occur. The Member may choose how much of their profile is visible to any directory service that we offer.
Content Uploaded by Members
We do not claim ownership of content you submit, or make available, for inclusion on the Service. However, with respect to content you submit or make available for public or shared access on the Service, you grant the University and the Service Provider world-wide, royalty free and non-exclusive licence(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service solely for the purpose for which such content was submitted or made available. This licence exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you or we remove such content from the Service.
Competitions and Promotions
By participating in any competition or promotion that we or the Service Provider run you agree that we may publish and use your personal details in the event that you are a winner or recipient of a prize. By participating you agree to the terms and conditions specific to that event.
Service Level
We do not make any representations or warranties regarding the reliability of the Service. Whilst reasonable efforts will be made to ensure the continuous operation and availability of the Service, we do not guarantee the continuous operation of the Service and from time to time the Service may not be available. The Service Provider will, from time to time, suspend the Service to carry out technical maintenance and, when possible, will make every effort to give sufficient warning about such downtime by posting an announcement on the main website. We are not liable for any loss or inconvenience, of any nature whatsoever incurred or sustained by any Member due to the disruption, discontinuation or unavailability of the Service at any time. Each Member uses the Service and the internet in general at their own risk.
Storage
Whilst we have technologies in place to increase the safety and reliability of users' data, we shall not be responsible for storing any information or materials on a Member's behalf. The Member is advised to maintain backup copies of their important data. We accept no liability for any loss caused by Member data being lost, corrupted or temporarily unavailable.
You are expressly prohibited from storing any content in your account that is illegal. This includes but is not limited to: copyrighted material for which you do not hold a licence, illegal images and malicious software such as trojans, viruses or worms. The Member must never upload such content and must immediately delete any emails containing such content, although the prior forwarding of such emails to investigative bodies is permitted.
We assume no responsibility for the deletion or failure to store, deliver or deliver messages timely. Without limiting the foregoing, the Service Provider may, from time to time and without notice, set limit(s) on the number of recipients and the size and number of messages a member may send, store, or receive through the service, and the Service Provider retains the right to delete any E-mails above such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and User hereby releases the Service Provider from any such liability. Any notice provided by the Service Provider to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
We are not obliged to monitor your quota usage and accept no responsibility for loss of data, or other restrictions, due to your account being over quota. It is the Member's responsibility to clean out unwanted emails and content from their accounts periodically.
We reserve the right to delete any material from your account if it is deemed illegal by us or if we have received proper instruction from a Court of Law to do so.
Pricing and Payment
The price of Membership and the Service shall be as published within the Website and may change from time to time. The published price relates to services bought at the time only and the University does not guarantee that those prices will be available to the Member in respect of Services purchased in the future.
We reserve the right from time to time to change the price of Membership and the Services. Such changes will be posted to the Website and billing systems. Such changes will not affect the then-current Membership or paid-for services but will apply when membership is due for renewal or a further upgrade is purchased.
Payment should normally be made to the Service Provider by credit or debit card on-line via the online billing system. The Member warrants that they have full authority to use that card and sufficient credit limit or funds to cover the charges.
Members will be reminded via email to their account that payment is due and any instructions, terms or other detail within that email, including but not limited to amount, payment methods, surcharges, deadlines and late payment terms, will apply.
We are willing to accept cheques made payable to Cantab.net and sent, along with a printed order form, to the address of the Service Provider as provided by the billing system.
Our prices are all-inclusive and quoted in pounds sterling. Members from overseas are responsible for making their own calculations with regard to exchange rates and accept the prevailing exchange rate conversion between sterling and their home currency at the time of making a purchase of Services, such that the net amount in sterling entering the Service Provider's account is no less than the amount due.
The Member is responsible for any additional charges incurred in making payment from abroad and must add these charges to the payment so that the final amount remaining after deductions remains no less than the amount due.
The Member must pay to the Service Provider the full price for Membership of the Service due at the time of purchase without set-off, deduction, counterclaim, or other withholding of monies.
The Service Provider may charge a processing fee for particular forms of payment that cause the Service Provider to incur additional charges.
Payment from the Member to the Service Provider will be deemed to be made when the Service Provider has received cleared funds from the Member in respect of the full amount outstanding.
All monies paid by the Member to the Service Provider are non-refundable.
Privacy Policy
Our Privacy Policy is published on the Website. This Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, and/ or by registering or by using the the Service, the Member agrees to, and accepts our Privacy Policy.
Rights to Name
Each Member represents that the username selected by them conforms to the Service's requirements and that when used alone or combined with a second or third (or lower) level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. The Member acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such email address, and the Member will indemnify and hold the Service Provider and the University harmless, in accordance with the Indemnification section below for any claim or demand against us that arises out of such selection. The Member acknowledges and agrees that neither we nor any of our licensors shall be liable to The member in the event the we are ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of an E-mail address. If as a result of such action, the Member loses an E-mail address, the Member's sole remedy shall be the receipt of a replacement E-mail address under a domain of our choosing.
Third Parties and Linked Sites
The Service may contain links or connections to other web-sites or services provided by parties other than us, including but not limited to subsidiaries or associated companies of ours, advertisers and partners. The provision of links or connections to such parties by the Service does not imply any endorsement of the material provided or any association with their owners or operators. We accept no liability or responsibility for material published or services offered by any such party. The Member is responsible for reviewing and accepting the Terms of service at any linked website.
Limitation of Liability
We shall not be liable to any Member or any other person for loss or damage incurred or sustained by them of any nature, howsoever arising. Without prejudice to the generality of the foregoing:
· we shall not be liable to any Member or any other person for loss of profit, revenue, business or contracts, direct, indirect, punitive or consequential loss or damage however arising, including loss or damage arising from fraud or negligence even if such loss or damage was foreseeable and / or brought to our attention.
· we shall not be responsible for verifying information supplied by Members or Users within the Service. We do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Members or Users nor do we monitor or screen every part of the Service, or endorse any opinions expressed by Members and Clients. We accept no liability for loss arising to Members as a result of reliance placed by them on information supplied by other Members.
· we shall not be liable for any loss sustained by a Member as a result of the misuse of the Service, or the misrepresentation or other breach of these Terms and Conditions by another Member.
· we shall not be liable for any loss sustained by a Member as a result of matters beyond our reasonable control.
· we do not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that makes it available, are free of viruses or other harmful components. We do not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
· You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the we are not responsible for any content sent using and/or included in the Service by any third party.
· Notwithstanding nor diminishing the terms contained herein, the maximum liability that we will accept towards any Member shall be limited to the amount paid by that Member to the Service Provider in respect of the Member's current period of Membership.
Indemnities
User agrees to indemnify and hold the University and the Service Provider and our licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of the Agreement by User, or the infringement by User, or by any other user of the Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any User communications.
Disclaimer of Warranty
WE EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF, THE USE OF THE SERVICE IS BORNE BY USER. WE MAKE NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
Copyright and Trademark Notices
All source code, executable code, page designs and other copyrightable material (unless otherwise stated) are under Copyright and are used by our subsidiaries under licence. All rights reserved.
Termination
The Member can terminate their Membership at any time by contacting us via email to the Service Provider's support department.
We have the right to terminate the Membership, without notice and effective immediately, of any Member who breaches any part of these Terms and Conditions, if such action would be deemed necessary to protect the interests of the Service and its members, or if required to do so by law.
If the Member cancels or withdraws their membership part way through a subscription period for which the Member has paid, or if we properly terminates the Member's Membership, the Member shall not be entitled to any refund by the Service Provider or the University in respect of their Membership subscription.
Any Member who has their account terminated by us must not re-register unless with our express permission.
In the event of a termination, we shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
Notices
All notices, approvals and other communications to be given under these Terms and Conditions shall be by email or, if in writing, must be sent by first class post or facsimile (such facsimile notice to be confirmed by letter posted first class within 24 hours of the transmission of the relevant facsimile) to the Service Provider and the University at the addresses listed within the 'Contact' section at the bottom of this page.
Severability
If any provision or part of these Terms and Conditions shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if void, invalid or unenforceable provision were not part of this Agreement.
Headings
The headings in this agreement are present solely for readability and are not to be used in the interpretation of any clause.
Transferability
In the event that the Service or its assets are sold, the Service (including the database containing Members' Registration details) is likely to be included in the transferred assets. Each Member irrevocably agrees to make no objection to such a transfer so long as the purposes for which the assets are used by the acquirer are broadly similar or equivalent to the current purposes. The Member may, however, close their account without refund in the event of a transfer.
We reserve the right to assign the rights and responsibilities of the University under this agreement to any 3rd party or to change the Service Provider.
Modification
We reserve the right at our discretion to change, modify, add or rename any part of these Terms and Conditions at any time, and your continued use of the Service after any such changes are clearly posted on the Website indicates your acceptance of those changes. It is the Member's responsibility to regularly review the news section of the website to keep up to date with any changes to the Terms and Conditions.
We may, at any time, and without notice to the Member, make changes to the Website or the Service we provide, or make inconsequential editions that do not change the meaning of the content (such as to correct typographical or layout errors) in any Agreements.
Language
It is our express will that this agreement and all related documents have been drawn up in English.
C'est la volonté de nous que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
Entirety
These Terms and Conditions and the Privacy Policy constitute the entire agreement between you, the Member and us. The Member acknowledges that he or she has relied on no other warranty or representation, oral or written, made by us at any other time other than those specifically referred to in these Terms and Conditions.
Law and Jurisdiction
This Agreement and these Terms and Conditions shall be governed and construed in accordance with English Law, and the Parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
General Reservation
Any rights not expressly granted herein are reserved.
Contact
University Contact
Cambridge University Development Office
1 Quayside
Bridge Street
Cambridge
CB5 8QB
Service Provider
Aluminati Network Group Ltd.
2 Minton Enterprise Park
Oaks Drive
Newmarket
Suffolk.
CB8 7YY
England
Email: terms@aluminati.net
Fax: +44 (0)1638 668 890