Podium 4 Sport LTD ‘SUPPORTING YOUR SPORT’ WEBSITE SCHEME TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the Podium 4 Sport (the Company) ‘Supporting Your Sport’ free website scheme (this SYS Website scheme) and to any correspondence by e-mail between us and you relating to this scheme. Please read these terms carefully before accepting this offer. Using this SYS Website scheme indicates that you accept these terms. If you do not accept these terms, do not use this scheme. This notice is issued by Podium 4 Sport Ltd.
1. INTRODUCTION
1.1 This SYS Website scheme is intended to support communications, promotion, marketing and development of the organisations registered for the scheme and sport in general. The Company will provide a website hosting facility to approved organisations free of charge, save for any costs associated with registering or maintaining your domain name.
1.2 The free service will be provide until at least June 2009. Thereafter, should the Company ever intend to withdraw this free service you will be given at least 3 months notice of any such action. Any such notice will be communicated by email or post to the representative of your organisation nominated by you as the main contact between your organisation and the Company. It is your responsibility to keep that information up to date.
1.3
The hosting facility will be on a Linux based web server located in a professionally managed data centre. Monitoring and maintenance of the server is provided under a maintenance contract with the data centre.
1.4
Server software provided includes Apache, php, MySQL and a web hosting Control Panel for control of your webspace (versions may vary as these may be updated from time to time at the discretion of Podium 4 Sport or our server provider).
1.5 Other facilities provided include a web based sitebuilder package and an auto-installer for a selection of additional web applications.
Provision and availability of any such additional facility is at the sole discretion of the Company.
1.6
Online text and video tutorials, help pages, and mutual support forums are provided for users. These are provided at the sole discretion of the Company, and the Company provides no warranty as to the accuracy or suitability of any of the information provided in these, either by the Company or any other user. The Company does not undertake to provide a technical resource to assist users with the development or maintenance of their website or any of the software or other applications provided, other than that which is covered under the server maintenance contract..
1.7 The Company will make reasonable endevour to maintain the additional facilities outlined in paragraph 1.4 and paragraph 1.5 but retains the right to suspend them at any time.
1.8 By accessing any part of the control panel(s) provided (other than the demo control panels), you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must not use this SYS Website scheme or the live control panels.
1.9 The Company may revise this legal notice at any time by updating this document on the Podium 4 Sport website. You should check this Website from time to time to review the then current legal notice, because it is binding on you.
2. LICENCE
2.1 You are permitted to develop and operate one Website from the control panel(s) provided, unless agreed otherwise in writing by the Company.
2.2 Any rights not expressly granted in these terms are reserved.
2.3 You must provide the Company with contact details (including email addresses and phone numbers) for at least two people with whom we can communicate about your Website and this SYS Website scheme, and who have authority and access to make changes to your Website.
2.4 In the event that the Company believes your Website to be in breach of any of the conditions set out in these Terms and Conditions you will be notified of our concerns and the corrective action we believe is required. You will be given an opportunity to take corrective action within a reasonable time, or to appeal against the corrective action requested. The Company retains the right to insist on any changes they feel are necessary to comply with these Terms and Conditions, or to suspend the Website if corrective action acceptable to the Company is not taken.
2.5 If your Website is suspended for reasons set out in paragraph 2.4 it will be restored as soon as practicable once corrective action acceptable to the Company is taken.
2.6 If it becomes necessary to suspend your Website repeatedly for reasons set out in paragraph 2.4, the Company reserve the right to suspend your Website indefinitely or permanently.
3. SERVICE ACCESS
3.1 The server on which your Website will be hosted is of high specification and professionally managed by a data centre in Northern Ireland. However, while the Company endeavours to ensure that your Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. WEBSITE MATERIAL AND CONDUCT
4.1 You are prohibited from posting or transmitting to or from your Website(s) any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.2 For the avoidance of doubt you are also prohibited from publishing on your Website any links to other websites containing material noted above in 4.1.
4.3 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone publishing any material in breach of paragraph 4.1 or paragraph 4.2
4.4 A Podium 4 Sport approved banner and link must be included in the header and footer of your site. If you use the sitebuilder provided this will automatically put the banners on your site. If you already have a site or build one without using the sitebuilder you must still include suitable banners. The Company may provide a number of downloadable banners for this purpose and you may use any of these. Alternative banners may be used if you want them to match a particular scheme on your site subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Podium 4 Sport logo provided;
(b) the appropriate hyperlinks must be retained on the banners;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Podium 4 Sport trade marks displayed on this Website without express written permission from the Company;
4.5 Any proposed advertising or sponsors links must be submitted in writing (email is acceptable) to the Company for approval prior to being published on your Website(s). If we do not notify you of any objection to such advertising or links within 7 days of receipt you may take that as approval to publish it. In any case such approval will not unreasonably be withheld, and sponsors adverts will normally be acceptable.
5. COMMERCIAL USE OF YOUR WEBSITE
5.1 Generally the Company fully supports your organisations efforts to attract revenue for the benefit of your sport and/or your members and will assist in whatever way we reasonably can. However we reserve the right to restrict any e-commerce activity on your website that we feel is in direct conflict with the Company’s own business.
5.2 Your website may not contain or promote any commercial activity other than for the direct benefit of your organisation as registered for this SYS Website scheme, subject to the following:
(a) advertising and/or sponsors links are permitted subject to the conditions specified in paragraph 4 above
(b) if you wish to include an e-commerce section in your Website this must first be approved in writing by the Company. Such approval will not unreasonably be withheld, and the Company may in fact actively support e-commerce activity for your organisation.
6. REGISTRATION
6.1 Each registration for this SYS Website scheme is for a single organisation only. The Company does not permit you to share your user names and passwords with any other organisation.
6.2 Responsibility for the security of any usernames or passwords issued rests with you.
7. DISCLAIMER
7.1 While the Company endeavours to ensure that the information on this SYS Website scheme is correct, the Company does not warrant the accuracy and completeness of the material on this SYS Website scheme. The Company may make changes to this SYS Website scheme, at any time without notice.
7.2 This SYS Website scheme is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this SYS Website scheme on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this SYS Website scheme.
8. LIABILITY
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this SYS Website scheme), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this SYS Website scheme in any way or in connection with the use, inability to use or the results of use of this SYS Website scheme, any websites linked to this SYS Website scheme or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, this SYS Website scheme.
8.2 If your use of material on this SYS Website scheme results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with Northern Ireland law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Northern Irish courts.
Issue Date: 31 March 2006