TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions govern the provision of Mercury Internet S.L. to the customer.

1 DEFINITION OF TERMS

1.1 Definition of Terms

“Mercury” means Mercury Internet S.L., its employees, agents and licensors.
“The Service” means any service provided by Mercury to the Customer.
“Customer” means the person or group of people who receive the service from Mercury under these Terms and Conditions.

“I.D.” means the unique account identity issued to each customer.
“Terminal” means all equipment and software used by a customer to receive the service.

“Subscription Fee” means the amount payable by the customer for access to the service.
“Charges” refers to money owed by the customer as a result of using the service or any other charged facility.

2 PROVISION OF MERCURY SERVICE

2.1 These terms and conditions are subject to the laws of Spain and the customer hereby submits to the jurisdiction of the Spanish Courts.

2.2 Acceptance of Terms and Conditions
The disclosure of personal/company details required by Mercury for the provision of service and/or to make use of the service, denotes the acceptance without reserves of these Terms and conditions

2.3 The customer’s access to the service may be occasionally restricted to allow implementation of new facilities and to allow data archival.

2.4 Any application or request made by the customer to Mercury for any change in service must be made in writing, unless both Mercury and the customer agree upon another method of notification

2.5 The service shall comprise of such services and facilities provided at such time, during such periods and in such circumstances as Mercury shall decide from time to time

3 RIGHTS RESERVED BY MERCURY

3.1 To alter or amend its arrangements for the customer’s access to the service.

3.4 In the event of war, proclamation of emergency or act of God, Mercury reserves the right to cease the service to its customers with immediate effect.

4 USE OF THE SERVICE

4.1 The customer shall not, nor permit any other person to, use the service:

(a)for disseminating or sending to any customer any data or message which may be considered illegal, offensive, abusive, indecent, threatening or of a damaging nature.

(b)for advertising or promoting any service, product or facility without full disclosure of interest and without the prior authorization of Mercury.

4.2 The customer may not assign, transfer or ‘sub-let’ his or her right of access to the service.

4.3 The customer shall not, nor allow, any information to be sent to the service (including any text or data) that is subject to copyright without the permission of the copyright holder.

4.4 The customer shall not do, nor permit, any actions that may infringe any copyright retained by any information on the service nor shall any such person disseminate any such information onto other computer systems.

4.5 The customer grants Mercury the right to edit, copy, republish and distribute any materials, data or other information that he or she publishes on any public areas of the service. Subject to this grant the customer retains any rights he or she may have in any such materials, data or other information.

4.6 The customer shall not reproduce, sell, publish, or in any manner commercially exploit any information obtained through the service or participate in or allow such reproduction, sale, publication or exploitation by any person.

5 ACCESS TO THE SERVICE

5.1 Mercury shall not be held responsible for the customer’s inability to access the service due to incompatibility between a customer’s terminal equipment and any equipment used by Mercury.

5.2 The customer will still be liable to any charges for the service if they become unable to access the service for any period of time.

5.3 Mercury shall not be held liable for any inability to access the service due to faults in any communications network between the customer and Mercury.

5.4 The customer is responsible for and must provide all telephone and other equipment and services necessary to access The Service.

6 CHARGES FOR THE SERVICE

6.1 Mercury may alter the subscription fee or any of its charges at any time by giving notice of the change on the service before the new charges are levied against the customer.

6.2 The subscription fees are payable in advance and are not refundable, except where stated otherwise.

6.3 Subscription fees shall be payable on demand.

6.4 Subscription fees do not include charges for any communications service used to connect the customer to the service unless otherwise stated

6.5 Mercury shall charge interest on any unpaid amounts at a rate decided by Mercury from time to time.

7 TERMINATION AND SUSPENSION OF SERVICE

7.1 If a customer:

(a)fails to pay subscription fees or charges;

(b)is the subject of a bankruptcy order;

(c)fails to follow any part of this or any contract that it holds with Mercury;

Mercury may (without prejudice to any other right or remedy):

(a)suspend the customer’s access to the service whilst the customer continues to pay any of the charges and subscription fees;

(b)after giving written notice, terminate the contract between the customer and Mercury. The unused portion of the customer’s subscription fee will not be returned.

7.2 Mercury may terminate the customer’s access to the whole of any part of its services at any time and for any reason by giving written notice and returning the unused portion of the subscription fee.

7.3 The customer may terminate their access to the service by providing written note, the notice period shall be 30 days after they joined the service or the end of the calendar month in which the notice was received (whichever is longer), the customer shall receive no refunds for unused portions of their subscription fee.

7.4 If for any reason the contract between the customer and Mercury is terminated the customer shall remain liable for all outstanding subscription fees and this contract shall continue to cover any data and text sent by the customer for as long as it remains on the service.

8 LIMITATIONS OF LIABLITY

8.1 Mercury has no obligations, duty or liability for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.

8.2 Mercury is, under no circumstances, liable in contract or otherwise for direct or indirect loss of profits, savings or for any consequential loss or damage whatsoever arising from the use of the service or inability to use the service.

8.3 In any event Mercury’s liability shall be limited to the amount the customer has paid in respect of service for the subscription period in which the incident or series of incidents occurred.

8.4 The customer shall indemnify and hold Mercury harmless from any claims, legal actions and expense (including legal fees), related to a customer’s suspected violation of any copyright, law, contract, tort, act or agreements.

8.5 In the event of any part of this agreement being held inapplicable or unreasonable, the remainder of the agreement shall remain in full force and any clause held inapplicable or unreasonable shall be enforced to the fullest extent possible.

8.6 Mercury undertakes no liability whatsoever for the accuracy or inaccuracy of any information contained within any of its services.

8.7 The Customer expressly agrees that use of The Service is at The Customer’s sole risk. Mercury does not make any warranty as to the results to be obtained from use of the Service. The Service is distributed on an “as is” basis without warranties of any kind, either express or implied.

8.8 Mercury may at any time, with immediate effect, modify these terms and conditions by publishing the amended service agreement on the service.

9 SERVICE OF NOTICE

9.1 Any written document shall be deemed to be given or served by Mercury on the day that it is posted to, or left at, the address given by the customer for receiving bills.

9.2 Any information published on the service, including changes to subscription fees shall be deemed to be given or served by Mercury on the day that it is published.

10 FORCE MAJEURE

10.1 Mercury shall not be held liable for any breach of this contract caused by circumstances out of its control.