GreenNet Ltd is a Limited company with a not-for-profit status, owned by a registered charity, the GreenNet Educational Trust [charity number: 1037080]. GreenNet Ltd and the GreenNet Educational Trust are dedicated to the use of information communication technologies for the furtherance of peace, environmental protection, civil rights and social justice.

The internet has become a vitally important area for civil society. While more powerful political and economic interests dominate traditional media, the internet has allowed the voices of ordinary citizens and organisations lacking strong financial resources to be heard. We live today in an era of globalisation, distinguished by the emergence of giant multinational corporations and unelected bureaucracies with the power to make decisions that have profound effects on people all over the world.

The internet, with over 200 million users worldwide, provides a unique public sphere where decisions that shape all our lives can be freely debated and considered. Global communities can be built that have the ability to limit the power of corporations, bureaucracies and governments. In a globalised world, that continuously undermines localised democratic institutions, the internet provides an essential means for defending and extending participatory democracy.

GREENNET USER PLEDGE

GreenNet is a not-for-profit Internet Service Provider dedicated to supporting and promoting groups and individuals working for peace, human rights and the environment, through the use of Information and Communication Technology (ICT). GreenNet is a founding member of the Association For Progressive Communications (APC). Since 1990, the Association for Progressive Communications has been in the forefront of using the internet to build community across borders. It was the first globally interconnected NGO network of groups working for peace, human rights, development and protection of the environment.

By 2005 it is estimated that more than 1 billion people may be online. Large numbers of individuals and organisations that could greatly benefit from using the internet for social campaigning are still unaware of the enormous possibilities there are for them in using this medium.

GreenNet pledges to continue its work of building civil society use of the internet and defending and extending the rights of those who use the internet for social campaigning purposes.

USER AGREEMENT

As responsible members of the global internet community and as a legal entity doing business in the U.K, GreenNet Ltd must ensure that our systems are being used to further our mission in compliance with our own ethics and principles, and appropriate laws and conventions. To this end, we have a User Agreement, which we need you to read and indicate your acceptance of.

Please note: everyone is welcome on GreenNet, unless in conflict with our mission. You are welcome to express your views and participate in discussions of significant issues, providing you acknowledge and observe the contents of our user agreement. Certain places on the system may be open to all, some may be on an "invitation-only" basis and some may be private work spaces. Please remember, you are always responsible for what you say and do on-line.

1. INTRODUCTION

Our aim is to promote the free exchange of ideas and protect the rights of the individual both on and off the internet. Complying with the terms of this User Agreement will contribute to achieving those objectives. By subscribing to GreenNet you agree to the terms and conditions of this User Agreement (referred to further as "Agreement") as set forth below and will have access to and be able to participate in open and active dialogue on the internet.

2. DEFINITION OF 'PARTIES'

This Agreement is made between you the "User" and GreenNet Limited [Company No. 2070438] registered in the UK having its registered office at 56-64 Leonard Street, London EC2A 4LT, ENGLAND, "GreenNet".

3. GREENNET SERVICES

3.1 GreenNet provides a full range of internet services including dial-up access, email, connection to the internet, website-hosting and a full range of domain name services.

3.2 GreenNet undertakes to provide the User with Dial-Up Internet Access and/or FTP access to the WWW server for those who have WWW space/sites with us. GreenNet aims to provide a 24 hour, 7 days per week monitoring service but cannot guarantee a continuous uninterrupted service.

3.3 From time to time certain servers in the whole, or part of the Network may be taken down for routine repair or maintenance work. GreenNet will give as much notice as possible prior to system downtime and will endeavour to carry out such work during the scheduled maintenance periods as published from time to time.

3.4 Neither GreenNet nor any other party has complete control over the internet, a global decentralised network of computer systems. Service interruptions may occur due to causes beyond our control such as system malfunctions or failures of other parties. Under these circumstances, we will use our best endeavours to restore the service as soon as is reasonably practicable.

3.5 GreenNet has a code for customer complaints that is available on request or online at http://www.gn.apc.org/about/complaints-procedure.

4. CONDITIONS OF USE

Illegal Uses - APC Networks shall not be used to plan or carry out any activities which are illegal under national or international law.

Penalties - Users found breaking these rules will receive, at a minimum, a warning to cease their impermissible activities. If these activities persist, GreenNet reserves the right to immediately suspend the accounts of such users.

Liability Limit - While GreenNet shall attempt to ensure the highest reliability of its hardware, software and system content, it shall bear no responsibility for any damages accruing to site owners because of system failures or content inaccuracy. Site owners shall use the system at their own risk.

Copyright Information - All information on APC Networks, except where otherwise noted, is non-copyrighted. It is our intent to distribute information to as broad a spectrum of people as possible; however it is up to the users of the system to abide by all applicable copyright laws. Therefore, all material posted should contain appropriate source references where applicable.

5. SECURITY

The User acknowledges that neither the internet nor the GreenNet server is secure and that GreenNet cannot guarantee the security of any of the User's information.

6.PRIVACY AND DATA PROTECTION

(please read our Privacy Protection and Data Retention Policy)

6.1 We reserve the right (but do not assume any obligation) to inspect the content and material in your files, e-mails, postings and website to ensure compliance with this Agreement or any applicable laws, regulations or codes of practice.

6.2 Users understand that their postings to newsgroups or public conferences on the internet may benefit other discussions occurring in other conferences on the internet. In support of GreenNet's effort to distribute applicable postings to as broad a spectrum of people and organisations as possible, Users, by subscribing to the GreenNet under this agreement, grant to GreenNet the right to reproduce and distribute any posting made to a public conference, to another conference on the internet, to a computer conferencing system with which GreenNet has a contractual relationship (such as a member of the Association for Progressive Communications - APC), or otherwise, unless otherwise agreed in writing by GreenNet.

6.3 GreenNet uses all reasonable endeavours to maintain a high quality of content in public spaces (conferences, bulletin boards, websites). However we exercise no control over the content of the information passing through the network and make no warranty as to its quality, accuracy or freedom from viruses.

6.4 When you register a UK domain name with GreenNet, you are bound by Nominet's terms and conditions. This is a separate contract to that with GreenNet for the provision of your service. Please read their terms and conditions before proceeding. By agreeing to the GreenNet terms and conditions, you are also bound to Nominet's Terms and Conditions.

6.5 GreenNet will not release a domain name until all outstanding debts are cleared.

7. BILLING AND COLLECTION

7.1 Payment for services: GreenNet charges for services on a monthly or annual basis in advance. All Invoices (whether monthly or annual) are due for payment within 28 days of the date of the invoices.

If Users are unable to make a timely payment, they should notify GreenNet billing by email billing@gn.apc.org, phone (020 7065 0938, 0845 055 4011 local call rate) or fax (020 7065 0936) at least 5 working days prior to the due date of the invoice.

If no payment or notification has been received within 5 days after the due date, an e-mail will be sent or a phone call requesting payment, within 5 working days. If no contact is made in response, the account will be suspended on the date indicated in the e-mail/ call. If after 30 days of the account being placed in a "suspended shell" GreenNet has not received payment in full of the outstanding debt, the User's account may be terminated. By suspending or terminating the User's account, GreenNet does not cancel any part of the User's debt and payment will be pursued until received.

7.2

  • Annual Invoices: Invoices are issued on the account anniversary for services used one year in advance of the anniversary. All annual payments are based on a discount of 12 months for the price of 10 months on the condition that they are paid for within 28 days of the date of the invoice. If payment is not received within 28 days, or notification via email, fax or phone explaining why payment is delayed, the full cost of 12 months will be charged.
  • Monthly Invoices: Invoices are issued on or about the 20th of the month for services in that month. Users are responsible for paying all fees and charges that they incur through their use of GreenNet. Monthly charges, if any, are due whether or not there has been on-line activity during the month, unless otherwise stated or agreed upon.

7.3 New Accounts:

  • Annual: All new accounts must send remittance before the new service can be activated. All annual payments thereafter must be paid within 28 days of the date of the invoice. If payment is not received within 28 days of the date of the invoice, the full 12 month rate will be charged, unless otherwise agreed.
  • Monthly: All new accounts being paid on a monthly basis must send remittance for 3 months in advance before the service is activated.

If an invoice is required before payment is made please request this from the billing department. Otherwise an invoice will be sent at the end of the current month indicating the payment made.

7.4 GreenNet reserves the right to change the amount of any fee or charge and will endeavour to provide at least 30 days notice to Users, but it may not always be practical or possible to do so. All changes will be posted in the GreenNet support list (greennet-l at gn.apc.org) and e-mail notices will be sent to Users in advance of such changes taking effect. You are responsible for reviewing pricing information posted on-line or e-mailed to you to obtain notice of such changes. Continued use of GreenNet after the effective date of a notified change will constitute acceptance.

7.5 Account Closure and Refunds: Accounts remain open until the User notifies GreenNet, in writing (email or hard copy), of the User's desire to close the account (unless terminated earlier by GreenNet in accordance with the terms of this Agreement). All accounts are closed effective from the end of the month in which GreenNet receives such notification from the User. If there are outstanding charges to be paid, GreenNet will send an invoice which reflects these.

Refunds:

Annual: If the User closes the account, the refund will be calculated based on charging for services at the full 12 months rate i.e. not discounted. This is for standard email and org accounts only. Web hosting only services are 1 year contracts and no refund can be made.

Third Party Services: When Users purchase services from GreenNet which are supplied to GreenNet via a third party, no refunds can be made. This includes Secure Ledger Services, Global Roaming Services and Domain Name Registration services.

8. USERS OBLIGATIONS

8.1 You may use the Service to link to other networks world-wide. You agree to conform to the acceptable use policy of such networks and will be solely responsible for the consequences of any use of such Network.

8.2 You must keep your User name and password secure and notify GreenNet immediately if the password becomes known to any unauthorised user or if you suspect that there has been unauthorised use of your password.

8.3 When an account is set up a password is sent by post. Should this be lost the owner of that account needs to send a fax signed, and on headed paper, with their request for the new password. The new password will then be faxed, or posted back, as requested. Passwords will not be given out over the phone for security purposes.

8.4 GreenNet provides the services described herein for personal use by Users. Users may not resell or redistribute such services in whole or in part, or otherwise commercially exploit the services, without the express written approval of GreenNet. Users may not assign or transfer their subscription to any other person or entity.

8.5 Our primary purpose is not to provide a commercial service. If we find that commercial activities are taking place which detract from the quality and function of our network, we reserve the right to curtail such usage. Under such circumstances, the opportunity for dialogue and negotiation will always be provided.

8.6 GreenNet reserves the right to exercise any of our rights as described in Clause 6 below if a website on our server receives excessive traffic such that the Service to other Users is endangered. GreenNet does not require Users to keep within specified maximum traffic levels, but reserves the right to introduce maximum traffic levels should this become necessary in the interests of maintaining the quality of the overall Service.

8.7 GreenNet does not control the messages, information or files that you upload. It is your responsibility to ensure that you do not engage in any of the following illegal activities. If GreenNet believes a User has engaged in activities which are illegal or prohibited under this agreement, GreenNet may exercise any of the rights set forth in Clause 6 below.

8.8 You must not knowingly use the Service to transmit or receive information which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence or otherwise unlawful.

8.9 You must not post material which is in breach of copyright or any other Intellectual property rights. If you wish to post material protected by any such rights it is your responsibility to obtain the owners written permission.

8.10 While GreenNet promotes the free flow of ideas among Users on the internet, Users may not use the net to harass other people. GreenNet understands that what constitutes harassment may vary according to the individuals or groups involved and therefore encourages Users to first notify the offending party of the harassment before requesting that GreenNet intervene. Once notified about the offending communication(s), and if appropriate, GreenNet may exercise any one or all of the rights set forth in Clause 6.

8.11 You agree that you will, when using the service, observe all applicable Data Protection legislation. The UK Data Protection Act 1984 sets out principles which must be complied with to ensure fair and lawful processing of personal data. Similar legislation exists in all EU member states. You should not transmit personal data (i.e. data that identifies another individual) over the nets without their consent. (Further information on Data Protection can be obtained by visiting the website of the Information Commissioner's Office: http://www.ico.gov.uk).

8.12 You will not knowingly or recklessly post, upload or transfer by any means any transmission which contains viruses or other code or defects which are likely to cause damage to any User's system or data or engage any other activity which is in breach of the UK Computer Misuse Act 1990. The UK Computer Misuse Act 1990 prohibits activities such as hacking and intentional transmission of viruses which are criminal offences under the Act.

8.13 You may not use the net to engage in activity which is in breach of any applicable national or international laws.

9. SUSPENSION OR TERMINATION OF SERVICE

9.1 In the event of a User engaging in any activities which are in breach of this Agreement (including, but not limited to, failing to pay Service charges in a timely manner or engaging in illegal activities) GreenNet may, at its sole discretion, and without prejudice to any other legal rights or remedies which it may have (in any order), take any one of the following actions. However, prior to taking action, GreenNet will notify the User by e-mail or other means that the User appears to be engaged in prohibited activity. The User will then have 5 calendar days to show cause why GreenNet should not take further action, including:

9.1.1 The deletion of an offending message.

9.1.2 Prevention or "blocking" the User from posting messages to a particular area, or to a particular User, on the network.

9.2 Place the User's account in a "suspended shell" (i.e.- restrict access to the network, but maintain the User's files and mailbox for a designated period of time.)

9.3 Terminate the User's account. Termination of a User's account will not prejudice GreenNet's legal or equitable remedies in collecting such debt.

10. LIMITATION OF LIABILITY AND INDEMNITY

10.1 GreenNet shall provide the services as described at Clause 3 above in accordance with the limited warranties given in Clause 3. Save as expressly set out in this Agreement all conditions or warranties which may be implied or incorporated into this Agreement by law or otherwise are hereby expressly excluded to the extent permitted by law.

10.2 The liability of GreenNet (if any) in contact, tort, negligence or otherwise arising out of or in connection with this Agreement, in respect of all defaults related or unrelated, occurring in any one year will not exceed in aggregate the charges received by GreenNet from the User during that year.

10.3 In no event will GreenNet be liable for any indirect or consequential loss or damage of any kind (including without limitation loss of profits, business interruptions, or loss, corruption or misdelivery of data) however caused and whether arising under contract, tort (including negligence) or otherwise.

10.4 The User agrees to indemnify GreenNet against any claims brought by a third party resulting from the User's use of the Service and in respect of any losses or liabilities incurred directly by GreenNet as a result of your breach or non-observance of any of these terms and conditions.

10.5 The User shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against GreenNet arising from any such claims and shall provide GreenNet with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the User's sole expense.

10.6 The User agrees that GreenNet's network vendor(s) shall be third-party beneficiaries of the above provisions of this agreement.

10.7 The provisions of Clause 7 shall survive any termination of this Agreement.

11. GENERAL

11.1 GreenNet reserves the right to vary these terms and conditions from time to time. Notice of changes shall be posted in advance in the GreenNet electronic newslist (greennet-l) and/or by e-mail. Continued use of GreenNet for a period exceeding 30 days after receipt of notification will constitute acceptance.

In the event that a User does not wish to continue the Service based on such a modification and so notifies GreenNet, GreenNet will terminate the User's account and refund the unused pro rata portion of any prepaid fees or charges for the current month.

11.2 The terms and conditions contained in this Agreement constitute the entire agreement between GreenNet and its Users and supersede all other communications.

11.3 The User acknowledges that they have read and accept the terms of this Agreement. Use of the Service shall be deemed as acceptance of the terms of this User Agreement.

11.4 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the User hereby submits to the exclusive jurisdiction of the courts of England and Wales.

 

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