Express Web Services Terms of Service
This Agreement is between you and Express Web Services (UK) Limited (Express Web Services, we or us).
By using Express Web Services as a casual visitor, or by completing the registration process to obtain and use a Screen Name or User Name, you signify that you agree to this Agreement.
As protecting your privacy is important, we would like you to have a clear understanding of how your personal information will be used when you use the Express Web Services or register for any of our products or services.
1. Personal Information
1.3. Express Web Services and any third parties acting under our control may use your Personal Information (including demographic data) to personalise the content, advertising and promotions you receive and where you have consented to receive them, our communications with you, Express Web Services may do this by finding out which advertisements you react to or the areas of the Express Web Services which you visit most frequently, or searches you perform when using the Express Web Services, and tailoring your experience accordingly. We may also process Personal Information relating to the transactions you enter into with us or our partners, such as online merchants, through the Express Web Services.
1.5. Express Web Services Group Companies may keep you informed of their respective products and services (including special offers, discounts, offers, competitions). Express Web Services Group Companies may also keep you informed by post, telephone, email, SMS, and MMS of such products and services offered by third parties selected by Express Web Services which may be of interest to you. Express Web Services or Express Web Services Group Companies will only send you third parties' marketing information with your informed consent. To find out more see also clause 1.8 below.
1.6. Your Personal Information, including content that relates to your Personal Information (for example, email communications, comments, instant messages, etc) may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally compliant request by a law enforcement or governmental authority. If you provide us a third party's billing or payment card information, we may disclose your name and address, and data relating to payments made by that payment method, to such third parties.
2.1. Whilst enjoyment of some of the Express Web Services does not require registration and can be accessed as a casual visitor, access to other Express Web Services requires completion of a simple registration process in order to obtain a screen name and password necessary to enjoy such services.
2.2. We will open an account for you when you complete your registration via either www.Express Web Services.co.uk or via www.ewsdir.com (the Web Services Account and the Express Web Services Account respectively and together, the Express Web Services Account). You must provide complete and accurate information about yourself, and notify us to keep this information up to date. You must be at least 18 years old to register for either a Screen Name or a User Name. Parents and guardians who permit children (by which we mean people under the age of 18) for whom they are responsible to use Express Web Services should assist them in setting up their Express Web Services Account and supervise their use of Express Web Services. Parents and guardians will be responsible for their children's use of the Express Web Services and adherence to this Agreement and it is also the responsibility of parents and guardians to ensure that the Express Web Services Web Content and User Generated Content that their children may encounter on Express Web Services is suitable for those children. Most of that content is not specifically intended to be accessed by children.
2.2.1 Where you register for a Web Services Account, you will select (or we may assign to you) a master screen name that will be identified with your Express Web Services Account (Master Screen Name). In some instances Express Web Services may offer you the opportunity to obtain further secondary screen names which become associated with your Express Web Services Account (collectively Screen Name(s)).
2.2.2 Where you register for a Express Web Services Account, you will select (or we may assign to you) a user name that will be identified with your Express Web Services Account (User Name).
2.3. You may not apply for a Screen Name or User Name that is used by someone else, is vulgar, attempts to impersonate another person or violates the rights of others. We may reject any Screen Name or User Name that we determine in our discretion is unacceptable for use on any of the Express Web Services. All Screen Names and User Names remain the exclusive property of Express Web Services. Express Web Services provides you with a limited, revocable, non-exclusive licence to use your Screen Name(s) or User Name to access the Express Web Services.
2.4. You need to select a password to access your Express Web Services Account. Your password is the key that unlocks your Express Web Services Account. Express Web Services will never ask you for your password. You agree not to reveal your password to other users. Your Express Web Services Account is at risk if you let someone use it inappropriately. You agree to indemnify and hold Express Web Services harmless for any improper or illegal use of your Express Web Services Account, including illegal or improper use by a third party who has used your password to access your Express Web Services Account. To find out more about changing your password for your Web Services Account : visit Express Web Services.co.uk and to change your password for your Express Web Services Account visit your profile on your account page:
3. Third Party Content Available Through Express Web Services
3.1. Through use of your Screen Name(s)or User Name you will be able to access a wide variety of enhanced content and services provided by Express Web Services or its affiliates through the Express Web Services and/or through Express Web Services Software. You may also be able to access content and services provided by third parties that is available on or linked to via the Express Web Services (Third Party Content). Express Web Services is not responsible for Third Party Content. Any issues or disputes relating to Third Party Content should be taken up directly with the applicable third party and you acknowledge and agree that Express Web Services shall not be liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content, goods or services available on or through the Express Web Services. Further, any dealings that you have with advertisers on the Express Web Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against any advertiser.
4. Inactive Status
4.1. In addition to the termination rights that we have under this Agreement, we reserve the right to deactivate your Express Web Services Account if it has been inactive for more than a consecutive period of 90 days or more. This means you must use your Express Web Services Account regularly such as by logging into an Express Web Services with your Screen Name in order to keep your Account active. If we deactivate your Express Web Services Account(s), we have the right to reassign the Screen Name(s) which you used to access the Express Web Services Account.
5. Your Responsibilities
5.1. You are responsible for compliance with this Agreement in your use of Express Web Services or Express Web Services Software, whether you access as a casual visitor or by using a Screen Name or User Name. You may use Express Web Services for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content or Video Content, as defined below in Clause 10.1), or otherwise engage in any conduct that:
5.1.1. breaches any third party's rights including, without limitation, copyright, patent rights, trade mark rights, performer's rights, rights of confidence;
5.1.2. is unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions or images, or accounts or images of, sexual acts;
5.1.3. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
5.1.4. impersonates any person, business or entity, including Express Web Services and its employees and agents;
5.1.5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or computer network;
5.1.6. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
5.1.7. promotes or sells prohibited items such as lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;
5.1.8. violates this Agreement, acceptable usage guidelines or any policy posted on the Express Web Services, or
5.1.9. unjustifiably interferes with the use of Express Web Services by others, or
5.1.10 solicits or encourages advertisements of business.
You may not use Express Web Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Express Web Services. You may not attempt to gain unauthorised access to the Express Web Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any legal and technical remedies available to us to prevent any breach or enforce this Agreement and reserve the right to remove or not publish any Content without prior notice.
If you breach these guidelines we may, in our reasonable discretion terminate your Express Web Services Account and use of your Screen Name or User Name without notice.
6. Changes to Express Web Services
6.1. We may change or discontinue any Express Web Services Web Service or feature on an Express Web Services Web Service at any time without notice. We may impose general operating rules for the Express Web Services. For example, we may establish limits on storing, uploading or downloading any data or impose time outs if you are idle on a particular Express Web Services Web Service. Certain Express Web Services will have additional terms (such as policies, guidelines, and subscription terms) that will further govern your use of that particular Express Web Services Web Service; those terms will be deemed to be incorporated into and to supplement this Web Services Agreement. These additional terms will typically be set out within the Express Web Services Web Service itself.
7. No Spam
7.1. You may not use any of the Express Web Services or communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any legal or technical remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks.
8. Premium Services
8.1. We may offer premium Express Web Services for a fee (Premium Services). Payment terms and any other terms applying to your use of such Premium Services which are in addition to those set out in this Agreement will be disclosed to you at the time you sign up for a Premium Service.
9. Access Costs
9.1. You must provide at your own expense the equipment and internet connection that you will need to access the Express Web Services. Those costs are in addition to any fees you pay if you elect to subscribe to any Premium Services.
10.1.1 Certain areas of the Express Web Services may allow you to post text, messages, images, audio and video, software and/or other information (User Generated Content) that can be accessed and viewed by others. You may not post User Generated Content that violates this Agreement or any other terms governing usage of the Express Web Services. We do not claim ownership of any User Generated Content that you may post. However, by submitting User Generated Content to public areas of the Express Web Services, you grant us and our affiliates on a perpetual basis a non-exclusive, royalty-free licence to use, copy, display, perform, distribute, adapt, store, market and promote the User Generated Content in any medium and you agree that we may sub-license the User Generated Content to third parties.
10.1.2-In addition to clause 10.1.1 above, with respect to any video User Generated Content (Video Content) you may post, from time to time, you agree that (unless you and we agree otherwise) we may , or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your Video Content, or create derivative works therefrom, either on a stand-alone basis or in combination with other Video Content, and (unless you and we agree otherwise), you shall have no rights with respect thereto and we, and our affiliates shall be free to display, publish and distribute the same (as so complied, re-edited, adapted, modified or derived) for any period.
10.1.3 By posting any User Generated Content or Video Content (Content) anywhere on the Express Web Services in addition to your responsibilities set out in clause 5 of this Agreement, you agree, represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content to enable inclusion and use of such Content in the manner contemplated by us and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Content in the manner contemplated by us and this Agreement.
10.2. We have no duty to pre-screen User Generated Content, but reserve the right to remove such content if in our absolute discretion it contravenes this Agreement or any other requirements governing the posting of such content.
10.3. The copyright in all content (including but not limited to all individual articles, blogs, videos, and other elements comprising the Express Web Services) on the Express Web Services, except User Generated Content and Video Content, (Express Web Services Web Content) is the property of Express Web Services, its affiliates and/or its licensors. You may only use Express Web Services Web Content for personal, non-commercial purposes and in accordance with any additional terms and conditions which you may be notified of in relation to specific Express Web Services Web Content. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of Express Web Services Web Content.
10.4 Your Use of the Express Web Services Web Content displayed via www.ExpressWebServices.co.uk is Restricted:
10.5 Opinions and other statements expressed by users and third parties (e.g., bloggers) on www.ExpressWebServices.co.uk are theirs alone, not opinions of Express Web Services. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Express Web Services, Express Web Services is not undertaking any obligation or liability relating to the content. Express Web Services and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Express Web Services for inappropriate or unlawful content. Express Web Services and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Express Web Services reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
11.1. We or our partners may provide you with software to use with the Express Web Services (Software). Such Software will be subject to the terms of any licence agreement that accompanies the Software and to the terms of this Express Web Services Agreement. If there is no licence agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited licence to install the Software on any single computer or device from which you wish to access and use the Express Web Services. Such Software is protected by copyright and other intellectual property laws and treaties, and is owned by us, our affiliates or licensors. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive its source code except where and to the extent expressly permitted by law. You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Express Web Services.
11.2. We may automatically check your version of any Software and automatically update it. We are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of any Software, although we reserve the right to do so. We do not warrant that any Software which we may provide you with will interoperate with any software or device in a way which is satisfactory. You warrant that you will use any Software which may provide you with in accordance with this Agreement and that you will not use the Software to violate any law, regulation or right of any third party.
12. Our Liability to You
12.1. The Express Web Services are provided without warranties of any kind and your use of Express Web Services is at your sole risk. Express Web Services will, however, use reasonable skill and care to provide and maintain the availability of Express Web Services. Express Web Services and its affiliates expressly exclude any warranty, representation or undertaking that you will be able to access or use the Express Web Services at times or locations of your choosing. Express Web Services depends upon third parties over which it may have little or no control for the delivery of the Express Web Services (for example, to deliver emails sent to and from internet addresses). Express Web Services is not liable for deletion, corruption or failure to store any email messages or other content. Express Web Services does not warrant that the Express Web Services will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data files or computer programs. The Express Web Services are consumer services and not designed to be used by you in connection with the conduct of your, or your employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.
12.2. Express Web Services shall not be liable for any loss not reasonably foreseeable by Express Web Services when this Agreement is entered into, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of the Express Web Services or for any other claim related in any way to your relationship with Express Web Services. Express Web Services does not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under this Agreement caused by matters beyond our reasonable control.
12.3. Without limiting the above paragraph (and except for Express Web Services's liability for death or personal injury caused by its negligence, for which Express Web Services's liability shall be unlimited), the liability of Express Web Services under or in connection with this Agreement or your use of the Express Web Services (whether arising in negligence or otherwise) will not under any circumstances exceed Â£500, regardless of the cause or form of action. Your statutory rights are unaffected.
13.1. You agree to defend and indemnify harmless Express Web Services and Express Web Services Group Companies against all liabilities, claims and expenses, including reasonable legal fees that arise from any infringement of third party intellectual property or other rights resulting from any breach of this Agreement for which you are responsible. Express Web Services reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for Express Web Services in that matter.
14.1. Save as otherwise expressly provided in any additional terms governing the use of specific Express Web Services (for example Premium Services), we do not charge you for use of Express Web Services, and as a consequence, we may cancel or suspend use of Express Web Services at any time, without cause and without notice.
14.2. Your right to use the Express Web Services and your Screen Name(s)and User Names may end once your account is terminated and any data you have stored on the Express Web Services may no longer be available to you (save for that expressly set out in clause 14.4 below). It is therefore important you maintain your own archive copies of any data that is valuable to you. If you have subscribed to any Premium Services or other products or services for which payment is necessary, you remain responsible for paying any amounts owed on your account at the time your Premium Service and/or account is terminated. If you are participating in any free promotional offer for accessing a Premium Service you must cancel such Premium Service before the end of the free trial period to avoid incurring charges.
14.3. Termination, suspension, cancellation of the Express Web Services Account(s) and Express Web Services Access Account(s).
14.3.1. If you have an account for Express Web Services Broadband internet access and/or Express Web Services Dial Up/ Narrowband internet access (the Express Web Services Access Account) and the Express Web Services Access Account is suspended, cancelled or terminated for breach of its terms and conditions of service, Express Web Services reserves the right to suspend, cancel or terminate any or all associated Express Web Services Account(s) you may have, at any time, without notice.
14.3.2. You acknowledge and agree, as Express Web Services Access Accounts and Express Web Services Accounts are interlinked that termination, suspension or cancellation of your Express Web Services Account, for any reason, may mean that you are not able to continue to use your Screen Name to access Express Web Services Access Accounts, and/or Express Web Services Software.
14.4. If you wish to terminate your Express Web Services Account you may:
contact us by sending us an email to us from your Express Web Services email address. If you have several Screen Names and email addresses linked to your Express Web Services Account, you must use the email address linked to your main Master Screen Name, and include in the header the words TERMINATE MY ACCOUNT; To find out more about terminating your account visit Express Web Services.co.uk .
15. Changes to this Agreement
15.1. We may change this Agreement from time to time. We will post the updated Agreement on the Express Web Services, and it will take effect immediately or on a date which is nominated in the posting or a in a notice we send to you. Your ongoing use of the Express Web Services after the changes take effect signifies your agreement to the updated Agreement. You are responsible for regularly reviewing this Agreement and any additional terms posted on the Express Web Services. If you disagree with changes that are made to this Agreement, you may simply terminate your Express Web Services Account as provided in clause 14 above.
16. Contacting Express Web Services and Disputes
16.1. If you have a comment or complaint about the Express Web Services, please contact us.
16.2. If you are a copyright owner or agent thereof and you believe that any of the Express Web Services Web Content on www.ExpressWebServices.co.uk infringes upon your copyright please contact us.
17.1. You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the Express Web Services (collectively, Notices). We can send you Notices (1) to the email address that you provided to us during registration for this purpose, (2) to any Express Web Services email account, or (3) by posting the Notice on the applicable Service or otherwise through Express Web Services.co.uk or EWSDir.com. Any Notice from us shall be deemed effective the day after it is sent or posted by us.
18. Entire Agreement
18.1. This Agreement, together with other documents and agreements referred to or entered into under it, constitutes the entire agreement between you and us relating to Express Web Services. Note that separate terms and conditions may govern your use of other services we provide from time to time, such as antivirus subscriptions.
19. Jurisdiction and Choice of Law
19.1. This Agreement is governed by the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of this Agreement.
20.1. We may assign this Agreement to any third party, which is to provide the Express Web Services (or part of them) at any time without Notice to you. You may not assign this Agreement to any one else.
21. Third Parties
21.1. You agree that this Agreement is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.
22.1. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
23. No Waiver
23.1. If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.
24. Express Web Services
25.1 Express Web Services are provided by: Express Web Services (UK) Limited, a limited company registered in England under company number 6466666 with its registered office address at 45 Leng Crescent Norwich NR47NY UK.
© 2012 Express Web Services(UK) Limited.