Terms and Conditions

1.1 The services that we are providing to you via the Site consist of the Content and the Functionalities available on the Site or otherwise provided to you as a result of your use of the Site ("Services").

1.2 You acknowledge and agree that you are only permitted to use the Site and the Services as expressly set out in these Terms and Conditions or on the Site.

1.3 You agree that the Site and the Services are for your own personal use only on a single computer or device.

1.4 You may not

• copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Site
• remove, change or obscure in any way anything on the Site and/or the Services or otherwise use any material obtained whilst using the Site and/or Services except as set out in these Terms and Conditions
• reverse engineer or decompile (whether in whole or in part) any software used in the Site and/or the Services (except to the extent expressly permitted by the applicable law)
• copy or use any material from the Site and/or the Services for any commercial purpose
• remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed from the Site or obtained a result of the Services.

1.5 Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page on content.

1.6 You may establish a link or "deep link" to the Site from your site, provided that you have obtained Neil Howard Telecoms' prior written consent and that in Neil Howard Telecoms' sole discretion, the context is relevant and the link or its description is not detrimental to Neil Howard Telecoms.

2.1 You warrant that you will only use the Site and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation, that you shall not (and shall not authorise or permit any other party to):

2.1.1 receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;

2.1.2 circumvent user authentication or security of any host, network or account (referred to as "cracking " or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Neil Howard Telecoms' legitimate web pages (referred to as "page-jacking") or use the Site or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Neil Howard Telecoms will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

2.1.3 use the Site and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Neil Howard Telecoms' written consent;

2.1.4 knowingly or recklessly transmit any electronic Content (including viruses) through the Site and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Neil Howard Telecoms or other Internet users;

2.1.5 hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Site and/or the Services or any other web site, or which is otherwise likely to damage or destroy Neil Howard Telecoms' reputation or the reputation of any third party.

2.2 You acknowledge that chat, discussion group or bulletin board services and similar services that may be offered by Neil Howard Telecoms ("Public Communication Services") are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Neil Howard Telecoms is not responsible for, and does not control or endorse any Content of any Public Communication Services.

Neil Howard Telecoms' usage of your personal information is governed by the Neil Howard Telecoms'' Privacy Policy Statement, which forms part of these Terms and Conditions.

4.1 All Trade Marks used on the site and/or the Services are the trade marks of Neil Howard Telecoms. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Neil Howard Telecoms or the Trade Marks.

4.2 You acknowledge and agree that the Services and the Site or any part thereof, whether presented to you by Neil Howard Telecoms, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietory rights and laws. All rights are expressly reserved.

4.3 You are only allowed to use the Site and the Services as set out in these Terms and Conditions and nothing on the Site and/or the Services shall be construed as conferring any licence or other transfer or rights to you of any intellectual property or other proprietary rights of Neil Howard Telecoms.

5.1 You will need to provide all equipment necessary to access the Site and the Services on the Internet and be liable for the payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Site.

6.1 It is your sole responsibility to satisfy yourself prior to using the Site and the Services in any way that they are suitable for your purposes and up to date. The Services are periodically updated and you should check the Site and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Site and the Services to ensure that you download the most up to date version of the Site and the Services.

6.2 The Site and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Neil Howard Telecoms, nor any of its employees, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Content or any part thereof contained on the Site or the Services.

6.3 You acknowledge that Neil Howard Telecoms is unable to exercise control over the security or subject matter of Content passing over the Site or via the Services and Neil Howard Telecoms hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

7.1 Neil Howard Telecoms assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Site and the Services or which may be linked to and from the Site.

7.2 The Site and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. Neil Howard Telecoms accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

8.1 Nothing in these Terms and Conditions shall act to limit or exclude Neil Howard Telecoms' liability for death or personal injury resulting from Neil Howard Telecoms' negligence, fraud or any other liability, which may not by applicable law be limited or excluded.

8.2 Neil Howard Telecoms shall use its reasonable endeavours to ensure the maintenance and availability of the Site and the Services but availability may be affected by your equipment, communication networks, too many people trying to use communication networks or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

8.3 All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.

8.4 Your only remedy under these Terms and Conditions is to discontinue using the Site and the Services.

9.1 You hereby agree to fully indemnify and to hold Neil Howard Telecoms harmless from and against any claim brought by a third party resulting from the use of the Site and the Services or the provision of Content to Neil Howard Telecoms by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly of indirectly by Neil Howard Telecoms in consequence of such use of the Site and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.

10.1 Neil Howard Telecoms reserves the right to modify the Site and/or the Services or suspend or terminate the Site and/or the Services or access to part or all of them at any time.

10.2 Neil Howard Telecoms reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the Site. By continuing to use the Site you will be deemed to have accepted the varied Terms and Conditions.

12.1 Neil Howard Telecoms may elect to terminate the Services or your access to the Site forthwith on breach of any of these Terms and Conditions by you, or if Neil Howard Telecoms ceases to offer the Site and the Services for any reason whatsoever.

13.1 Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the English courts.

13.2 Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

13.3 Waiver - Neil Howard Telecoms' failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Neil Howard Telecoms in writing.

13.4 Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

13.5 Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Neil Howard Telecoms forthwith. Neil Howard Telecoms may assign these Terms and Conditions in whole or in part to any third party at its discretion.

13.6 Rights of Third Parties - A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this Agreement.

13.7 Force Majeure - Neil Howard Telecoms shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Neil Howard Telecoms is not responsible.

"Content"
means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;

"Services"
has the meaning given to it in Clause 1.1;

"Functionalities"
means the services offered on or via the Site;

"Terms and Conditions"
means the contract between Neil Howard Telecoms and you incorporating these terms and conditions;

"Trade Marks"
means the word or mark "Making the Right Connection", however represented, including stylised representations all associated logos and symbols and combinations of the foregoing with another word or mark;

"Neil Howard Telecoms"
means Neil Howard Limited, whose registered office is at Units 1 & 2, Lower Philips Road, Whitebirk Industrial Estate, Blackburn, BB1 5PG, England and may also be referred to as "we" or "us" in these Terms and Conditions;

"you"
means the visitor to the Site that enters into these Terms and Conditions (and "your" shall be construed accordingly).