Operating Rules
Introduction
1
Introduction
1.1
This document (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.ishop.co.uk ("our site"), our services, and any website we host for you ("your site"). Please read these rules carefully before you start to use, access, update, or amend your site. By using both our site and your site, you indicate that you accept these rules and that you agree to abide by them. If you do not agree to these rules, please refrain from using either our site, our services or your site.
About Us
2
Information About Us
2.1
Our site and your site are both sites hosted by ISHOP LIMITED ("we", "us", "our"). We are registered in England and Wales under company number 3493920 and have our registered office at Thremhall Park, Bishops Stortford, Hertfordshire, CM22 7WE.
Access
3
Access
3.1
Access to and use of both our site and your site by you is permitted in accordance with our terms and conditions, as set out in our E-Commerce Solution Agreement (the "Agreement") and in these rules (as amended from time to time). We reserve the right to amend the services we provide without notice.
3.2
In order to access certain parts of both our site and your site, you will be provided with a user identification code, password or any other piece of information as part of our security procedures. You must treat any such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Agreement or these rules.
3.3
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property
4
Intellectual Property Rights
4.1
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through your site, including without limitation, clearance and/or consents in respect of your proposed domain name or content of your website.
4.2
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
4.3
You must not modify the paper or digital copies of any materials you have printed off or downloaded from our site in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.6
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance
5
Reliance on Information Posted
5.1
Any materials posted by you or any other person on your site using our hosting and web site design tools are your sole responsibility. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to your site, or by anyone who may be informed of any of its contents.
Site Changes
6
Site Changes
6.1
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6.2
It is your sole responsibility to update and maintain the accuracy of any of the materials on your site.
Our Liability
7
Our Liability
7.1
The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
7.1.1
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
7.1.2
7.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it.
7.2
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Uploading Material
7
Uploading Material
8.1
Whenever you make use of the features that allows you to upload material for hosting on your site, or to make contact with other users of your site or our site, you must comply with the content standards set out in clause 10. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
8.2
Any material you upload to your site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
8.3
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of your site.
8.4
We have the right to remove any material or posting you make on your site if, in our opinion, such material does not comply with the content standards set out in this document.
Prohibited Use
9
Prohibited Use
9.1
You may use your site only for lawful purposes. You may not use your site:
9.1.1
in any way that breaches any applicable local, national or international law or regulation;
9.1.2
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
9.1.3
for the purpose of harming or attempting to harm minors in any way;
9.1.4
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 10.
9.1.5
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
9.1.6
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Content Standards
10
Content Standards
10.1
These content standards apply to any and all material, which you upload to be hosted on your site ("contributions").
10.2
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.3
Contributions must:
10.3.1
be accurate (where they state facts);
10.3.2
be genuinely held (where they state opinions); and
10.3.3
comply with applicable law in the UK and in any country from which they are posted.
10.4.4
Contributions must not:
10.4.1
contain any material which is defamatory of any person;
10.4.2
contain any material which is obscene, offensive, hateful or inflammatory;
10.4.3
promote sexually explicit material;
10.4.4
promote violence;
10.4.5
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
10.4.6
infringe any copyright, database right or trade mark of any other person;
10.4.7
be likely to deceive any person;
10.4.8
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
10.4.9
promote any illegal activity;
10.4.10
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
10.4.11
be likely to harass, upset, embarrass, alarm or annoy any other person;
10.4.12
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
10.4.13
give the impression that they emanate from us, if this is not the case; and
10.4.14
advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Prohibited Use
10
Prohibited Use
10.1
These content standards apply to any and all material, which you upload to be hosted on your site ("contributions").
10.2
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.3
Contributions must:
10.3.1
be accurate (where they state facts);
10.3.2
be genuinely held (where they state opinions); and
10.3.3
comply with applicable law in the UK and in any country from which they are posted.
10.4.4
Contributions must not:
10.4.1
contain any material which is defamatory of any person;
10.4.2
contain any material which is obscene, offensive, hateful or inflammatory;
10.4.3
promote sexually explicit material;
10.4.4
promote violence;
10.4.5
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
10.4.6
infringe any copyright, database right or trade mark of any other person;
10.4.7
be likely to deceive any person;
10.4.8
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
10.4.9
promote any illegal activity;
10.4.10
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
10.4.11
be likely to harass, upset, embarrass, alarm or annoy any other person;
10.4.12
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
10.4.13
give the impression that they emanate from us, if this is not the case; and
10.4.14
advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension & Termination
11
Suspension and Termination
11.1
We will determine, in our discretion, whether there has been a breach of these rules through your use of your site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
11.2
Failure to comply with these rules constitutes a material breach of these rules and the Agreement upon which you are permitted to use both our site and your site, and may result in our taking all or any of the following actions:
11.2.1
immediate, temporary or permanent withdrawal of your right to use our site or your site;
11.2.2
immediate, temporary or permanent removal of any posting or material uploaded by you to your site;
11.2.3
issue of a warning to you;
11.2.4
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
11.2.5
further legal action against you; and/or
11.2.6
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11.3
We exclude liability for actions taken in response to breaches of these rules. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Viruses & Hacking
12
Viruses, Hacking and Other Offences
12.1
You must not misuse our site or your site by knowingly introducing viruses, trojans, worms, logic bombs, or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site or your site is stored or any server, computer, or database connected to our site or your site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
12.2
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12.3
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or your site or to your downloading of any material posted on either site, or on any website linked to either.
Jurisdiction
13
Jurisdiction and Applicable Law
13.1
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. The terms contained in these rules are governed by English law.
Variations
14
Variations
14.1
We may revise the terms of these rules at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site.