Your use of our service is governed by the following terms and conditions:
"you" means any person using our network facilitys and "your" and "yours" shall be construed accordingly;
"we" and "us" means Bitstreme T/A iQUnity Limited (the operator of the Service) and "our" and "ours" shall be construed accordingly
"Service" means data access services or internet access via our networks;
"our client" means the entity we provide service to;
Our Service and its Use
1. The Service comprises the provision, subject to these Terms and Conditions, of data access to our network or access to the internet. When you accept the Terms and Conditions you are stating that you have read and agree to these terms and conditions.
2. The Internet is separate from the Service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the Internet.
3. If you are younger than 18 years old, then you must obtain the permission of your parent or guardian to use the Service. By using the Service, you confirm that you are either older than 18 years old, or that you have obtained such permission. The Internet may provide access to content you or others consider harmful or inappropriate to minors, or otherwise offensive.
4. You must take all reasonable precautions to ensure that neither you or anyone else using your devices or log-in details (including you) uses the Service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, hateful, promotes violence, promotes illegal activity, or promotes discrimination in any way (whether based on race, sex, religion, nationality, disability, sexual orientation or age) or which infringes or breaches copyright, database right, trademark, confidence, privacy or any other rights;
(c) to impersonate any person or to misrepresent your identity or affiliation with any person;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights; or
(f) in a way that does not comply with any instructions that we have given you.
The action we can take if the Service is used in any of these ways is explained in clause 13.
5. The Service is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the Service (or any part of it) to anyone else.
6. As part of the Service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content. Although we take precautions, we cannot guarantee the accuracy or completeness of the content and accordingly your use of the content (for whatever purpose) is at your own risk. Furthermore, some of the content will have its own terms and conditions, which will be displayed online, and if you access this content you will need to comply with those terms and conditions also.
We can suspend the Service or terminate your use of the Service (or both) at any time:
(a) with immediate effect if you materially breach these terms and conditions;
(b) with immediate effect if we believe that the Service is being used in a way described in clause 4, even if you do not know that the Service is being used in such a way;
(c) upon reasonable notice if you breach these terms and conditions in any other way and fail to remedy the breach within a reasonable period of being asked to do so. If we decide to suspend the Service, we may in our discretion restore it when you satisfy us that you will only use the Service as we have agreed.
Warranties and Limits on Liability
7. The Service, and any materials or content available through the Service are provided without warranties or conditions of any kind either express or implied. We make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Service and to the fullest extent permitted by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of satisfactory quality or fitness for a particular purpose.
8. We do not make any warranty that the Service will be uninterrupted, timely, secure, or error free, or that software defects will be corrected or that this site or the server that makes it available is free of viruses or other harmful components.
9. Furthermore, we make no warranty regarding any goods or services or the delivery of any goods or Services purchased or obtained through or from the Service or advertised through the Service, or regarding any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you via the Service shall create any warranty not expressly stated herein.
10. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence (save where such negligence causes death or personal injury, liability for which we do not limit or exclude) shall we be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of: profits, use, opportunity, goodwill, reputation, business, revenue, savings, data or other intangibles (even if we have been advised of the possibility of such damages) that result from the use or the inability to use the Service, from any changes to the service, or from unauthorised access to or alteration of your transmissions or data.
11. You are solely responsible for your own conduct in using this Service, and will indemnify us and our client, and hold us and our client harmless from any claims, liability, damages or costs that result from your conduct in using this Service.
12. If you are dissatisfied with the Service, the materials available on or through the service, or with any provisions in these terms and conditions, your sole and exclusive remedy is to discontinue using the Service.
13. You agree that we are not responsible for any loss of data that results from the download of material from the Service, network or system outages, file corruption or where content or attachments that we consider are inappropriate or harmful are deleted or not transferred; (although we have no obligation to delete such material).
14. You understand and agree that not all viruses or similar harmful programs can be detected or prevented. you agree to assume the risk of any damage that may be caused by your downloading of any files or information through the service.
15. We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
16. In the event that the law does not permit certain of the limitations or exclusions or disclaimers of warranties, conditions or damages as set forth herein, then such limitations, exclusions or disclaimers shall not apply only to extent required by applicable law.
17. Each provision of this clause operates separately in itself and survives independently of the others.
18. Although we attempt to provide you with the best possible service, we cannot guarantee that the Service will never be faulty or that the Service will be available. However, we will endeavour to correct reported faults as soon as we reasonably can. In addition, please note that we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades).
19. We have been authorised by our client to provide this Service to you. The contract for the provision of the Service is between us and you and the client has no responsibility for the Service
20. Where we have given you a username and password (or where you have selected one) you are responsible for keeping these details confidential. We ask you not to share your username and password with anyone.
21. You acknowledge that the transmission of information via the internet and via the Service is not secure. We cannot guarantee the security of your data transmitted via the Service and therefore any transmission or use of the Service is entirely at your own risk. We recommend that while using the Service you use an approved secure technology, for example virtual private networking (“VPN”) and/or a personal firewall, in particular where you intend to conduct personal or private business over the Service.
Product Specific Terms and Conditions
22. Full Details on our Product Terms and Conditions, including service guarantees and issue resolution can be found at http://bitbahn.io/portal/bitstreme-terms