Agreement
This agreement is between ELD (owner of UK TV Access) and you the subscriber
to provide a virtual private network service. You are indicating your
acceptance of these terms and conditions and your agreement to be bound
by this document and future revisions thereof and to comply with the
current Acceptable Use Policy.
Term
This agreement will commence on receipt of payment from our payment
service and shall (unless terminated earlier in agreement with these
terms and conditions) continue on a month by month basis or three-monthly
basis depending on which option is purchased.
Service
The service speed can vary depending on location, line quality, Internet
traffic, and other factors beyond our control. We can not guarantee
upload or download speeds.
Your Service is
not limited by the amount of data that you can transfer each month however
we reserve the right to impose such limitations should this become necessary.
Any IP addresses
you may be assigned as part of the service are the property of our service
provider and may be changed at any time. We cannot and do not guarantee
uninterrupted service. In any event ELD will not be liable for any monetary
damages beyond what the user paid to us.
Cancellation
Your account will remain in service as long as we continue to receive
our monthly subscription via PayPal or 2Checkout.Com (automatic). Invoices
for renewed subscriptions via Google Checkout should be paid within
3 working days of the due date or services may be terminated.
Should you wish to cancel your recurring account, you must do so with
PayPal or 2Checkout.Com directly. In the event that your payment is
not received, access to our VPN service will be suspended. We can reactivate
your account when due payments are settled. If fees are not received,
your account will remain suspended for a period of six months, after
which time your username and all details pertaining to your account
with us will be removed.
Usage
Please see our Acceptable Usage Policy.
Shared Use
Shared use of our VPN service is not permitted. You must ensure that
your username and especially your password remain private and are not
shared with any other person. Your subscription is on a per user basis
and may not under any circumstances be shared. In the event that we
believe an account has been shared, we will in the first instance warn
the account holder via email and if the account continues to be shared
the account will be suspended. This account may not be used to feed
public networks such as Internet cafes, schools, universities and workplaces.
Disclaimers and Warranties
The services are provided on an "as is" and "as available"
basis. ELD does not warrant that the services will be uninterrupted,
error-free or free of viruses, or other harmful components. ELD makes
no express warranties and waives all implied warranties including, but
not limited to, warranties of title, non-infringement, merchantability
and fitness for a particular purpose regarding any merchandise, information
or service provided through ELD or the Internet generally. No advice
or information given by ELD or its representatives shall create a warranty.
ELD and its employees are not liable for any costs or damages arising
directly or indirectly from your use of the services or the Internet
including any indirect, incidental, exemplary, multiple, special, punitive,
or consequential damages. In any event, ELD's cumulative liability to
you for any and all claims relating to the use of the services shall
not exceed the total amount of service fees paid during the month immediately
preceding a claim.
ELD shall have
no liability whatsoever for any claims, losses, actions, damages, suits,
or proceedings resulting from: other users accessing your computer;
security breaches; eavesdropping; denial of service attacks; interception
of traffic sent or received using the services; your reliance on or
use of the equipment or services, or the mistakes, omission, interruptions,
deletion of files, errors, defects, delays in operation, transmissions,
or any failure of performance of the equipment or services; the use
of the equipment or services by you or a third party that infringes
the copyright, patent, trademark, trade secret, confidentiality, privacy,
or other industrial or intellectual property rights, proprietary rights
or contractual rights of any third party; the accuracy, completeness,
and usefulness of all services, products, and other information, and
the quality and merchantability of all merchandise provided through
the service or the Internet .
The foregoing limitation
applies to the acts, omissions, negligence and gross negligence of ELD
, its officers, employees, agents, contractors or representatives which,
but for this provision, would give rise to the cause of action against
ELD in contract, tort, or any other legal doctrine. Your sole and exclusive
remedies under this agreement are as expressly set out in this agreement.
Any warranty gives you specific legal rights. You may also have other
rights, which vary from country to country.
Miscellaneous
This agreement, the acceptable use policy, and ELD's other agreements
and policies posted on ELD's web site constitute the entire agreement
between you and ELD with respect to your use of the service. ELD may
revise, amend, or modify the agreements at any time and in any manner.
Notice of any revision, amendment, or modification will be posted on
ELD's UK TV Access web site (www.uktvaccess.com) and/or on your start
pages and/or by email and/or in any publications and mailings to you.
This agreement may not be amended or modified by you except by means
of a written document signed by both you and an authorized representative
of ELD.
You may not assign your rights or delegate any of your duties under
this agreement without the prior written consent of ELD, and any attempted
assignment or delegation without such consent shall be void. If one
or more provisions of this agreement shall be held to be invalid, illegal,
or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not be affected or impaired thereby. ELD will amend
or replace such provision with one that is valid and enforceable and
which achieves, to the extent possible, the original objectives and
intent of ELD as reflected in the original provision. Nothing in this
agreement or in the understanding of the parties construes upon the
parties the status of agency, partnership, or other form of joint enterprise
between the parties. ELD may subcontract any work, obligations or other
performance required of ELD under this agreement without your consent.
You shall indemnify
and hold ELD harmless against all third party claims, demands, suits,
actions, judgments, losses, costs, damages (direct, indirect and consequential),
legal fees and expenses that ELD may sustain or incur by reason of any
breach or alleged breach of any term or condition of this agreement,
the acceptable use policy, and ELD 's other agreements and policies
and for any act or omission of you or your clients which are in any
way related to the ELD service.
UK TV Access
www.uktvaccess.com
Managed by:
ELD Training
Queensway
Winsford
Cheshire
CW7 1BN
United Kingdom
Please also see our
Accaptable Use Policy and Privacy
Policy.