GENERAL CONDITIONS OF USE for the LeicesterShire Networks whose address is www.leicsnet.net which includes the micronetworks (“Micronetworks”) incorporated within it (the LeicesterShire Networks and the Micronetworks being referred to herein together as “the LeicesterShire Networks”)

THESE CONDITIONS APPLY TO THE ENTIRE CONTENTS OF THE LEICESTERSHIRE NETWORKS AND TO YOU AND ALL OTHER USERS (HEREINAFTER REFERRED TO AS “USERS”) OF IT ((WHETHER OR NOT SUCH USERS ARE MEMBERS AS DEFINED IN CONDITION 1.1 BELOW). PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE LEICESTERSHIRE NETWORKS. USING THE LEICESTERSHIRE NETWORKS CONSTITUTES YOUR ACCEPTANCE OF THESE CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT USE THE LEICESTERSHIRE NETWORKS.

1. INTRODUCTION

1.1. Generally, the LeicesterShire Networks is owned by LeicesterShire Economic Partnership Limited (Company no: 04536903) of 20 New Walk, Leicester, LE1 6TX (“LSEP”) although the majority of the Micronetworks within it are managed by third parties (“Administrators”). LSEP is a not-for-profit company (limited by guarantee) established to foster and promote economic development within Leicester and Leicestershire. Users who are accepted as members of any or all Micronetworks (“Members”) are also subject to additional terms and conditions which they accept if their application for membership is accepted by the relevant Administrator.
1.2. LSEP may update and/or amend these conditions at any time and you should therefore check these conditions from time to time to make yourself aware of the then current conditions. Your continued use of the LeicesterShire Networks shall be deemed acceptance of any update or amendment. Certain provisions of these conditions may be superseded by expressly designated legal notices or terms which are posted by LSEP on particular parts of the LeicesterShire Networks.
1.3. Some parts of the LeicesterShire Networks may have additional terms and conditions which apply. You are also bound by these additional terms and conditions.

2. INTELLECTUAL PROPERTY

2.1. For the purposes of these conditions, any use of extracts from the LeicesterShire Networks other than in accordance with paragraph 2.2 below for any purpose is prohibited. If you breach any of the terms in these conditions of use, you must cease to use the LeicesterShire Networks and you must immediately destroy any downloaded or printed extracts from the LeicesterShire Networks.
2.2. Subject to any specific notices on the LeicesterShire Networks to the contrary in respect of any specific material, you are permitted to view extracts from the LeicesterShire Networks and print off one hard copy only on the following basis: (a) no documents or related graphics on the LeicesterShire Networks are modified in any way; (b) no graphics on the LeicesterShire Networks are used separately from accompanying text; (c) LSEP’s and/or its licensors’ and/or the Administrators’ copyright notices (as the case may be) as indicated within the LeicesterShire Networks appear in all copies; and (d) the material and content are downloaded for personal use only and not for any commercial purpose (unless specifically permitted otherwise by the owner of such material and content).
2.3. Subject to paragraph 2.2 no part of the LeicesterShire Networks may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without LSEP’s or the relevant copyright owner’s prior written permission.
2.4. If you post any text or graphics on the LeicesterShire Networks you do so on the basis that any person is free to download or use them in any way unless you specify licence terms. Neither LSEP nor any Administrator shall have any liability if such licence terms are not observed by any person.

3. PAYMENT FOR USE

4. LSEP at present makes no charge for use of the LeicesterShire Networks by Users except where specifically stated otherwise on the LeicesterShire Networks, but you are responsible for all other charges necessary for you to access the LeicesterShire Networks and all other charges incurred by you as a result of or arising out of your use of the LeicesterShire Networks or any services offered on it. LSEP reserves the right at any time by posting a notice on the LeicesterShire Networks to make a charge for using it. Administrators may charge a fee to Members as indicated on the relevant Micronetwork.

5. SERVICE ACCESS

5.1. LSEP’s subcontractors endeavour to ensure that the LeicesterShire Networks is normally available 24 hours a day, but neither LSEP nor any Administrator will have any liability if for any reason the LeicesterShire Networks is unavailable at any time or for any period or if LSEP decides to cease making the LeicesterShire Networks available to users. Without prejudice to the generality of the preceding wording, the LeicesterShire Networks will be unavailable from time to time for error correction or maintenance or updating work.

6. VISITOR MATERIAL AND CONDUCT

6.1. Some areas of the LeicesterShire Networks permit Users to post materials on them (“Posting Areas”). Materials posted on the Posting Areas are the responsibility of those posting materials on them and neither LSEP nor any Administrator shall have any responsibility or liability to other Users or to any third party for such content. LSEP has no responsibility for the content of the Posting Areas and is only providing access to such content.
6.2. Other than personal data (as defined by the Data Protection Act 1998), which is covered under the Privacy Policy [insert hyperlink], any material you transmit or post to the Leicester Shire Networks will be considered non-confidential and non-proprietary. Please read LSEP’s Privacy Policy for details of how LSEP will use your personal information. Please be aware that the Micronetworks may have different privacy policies. Some Posting Areas are public and not private and you should be aware that others can access content you post in such areas including but not limited to any personal data which you post.
6.3. You must not post or transmit to or from the LeicesterShire Networks 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; (b) For which you have not obtained all necessary licences and/or consents and/or approvals; (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; (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); (e) Which is excessive or which is likely to have large bandwidth requirements; or (f) Which is detrimental to LSEP or to the Administrators or to other users.
6.4. You must not misuse the LeicesterShire Networks (including, without limitation, by hacking).
6.5. LSEP reserves the right at any time without notice to remove or request the removal of content from the LeicesterShire Networks (including but not limited to the Posting Areas) and/or to edit or refuse to post any content.
6.6. LSEP does not endorse or guarantee the accuracy of the content which appears on the LeicesterShire Networks from time to time.
6.7. If you wish to become a Member of a Micronetwork you will be asked to complete an application form and, if you are accepted by the relevant Administrator, you will be bound by the Members Terms. Please see LSEP’s privacy policy and the privacy policy of the relevant Micronetwork to find out how your information will be used.

7. LINKS TO AND FROM OTHER PARTS OF THE PORTAL AND OTHER WEBSITES

7.1. The Administrators (and not LSEP) operate the majority of the LeicesterShire Networks and supply goods, services and information offered through the Micronetworks. Additional terms and conditions may apply to the Micronetworks. LSEP has no direct control over the Micronetworks and shall have no liability for your use of or arising out of the Micronetworks (except to the extent required by law).
7.2. Links to third party websites via the LeicesterShire Networks are provided only for your convenience. If you use them, you leave the LeicesterShire Networks. Neither LSEP nor the Administrator control these third party websites and are not responsible for them or their content or the services they offer. Neither LSEP nor the Administrator endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of them, you do so entirely at your own risk.
7.3. You are permitted to link to the LeicesterShire Networks but must disconnect such link immediately if so requested by LSEP or the relevant Administrator.

8. MONITORING

8.1. LSEP has no responsibility to monitor the LeicesterShire Networks (including but not limited to the Posting Areas) but it does reserve the right to do so.
8.2. If you notice any material on the LeicesterShire Networks which you reasonably believe to be illegal, offensive, in breach of third party rights or inappropriate you agree to notify LSEP immediately at admin@leicsnet.net.
8.3. LSEP reserves the right to disclose any materials which appear on any part of the LeicesterShire Networks in order to satisfy the provisions of any legislation, regulation, code of practice or a request from any third party to do so for any reason.

9. DISCLAIMER

9.1. You use the LeicesterShire Networks at your own risk and your sole remedy for dissatisfaction with the LeicesterShire Networks or materials or services on it is to cease using the LeicesterShire Networks.
9.2. LSEP endeavours to check that the information on the LeicesterShire Networks is correct, but it does not warrant the accuracy and completeness of the material on the LeicesterShire Networks. Third parties are largely responsible for the content of the LeicesterShire Networks, and LSEP does not warrant the accuracy or completeness of such content.
9.3. LSEP or the Administrators may make changes to the material on the LeicesterShire Networks, or to the products and prices described in it, at any time without notice.
9.4. The material on the LeicesterShire Networks may be out of date, and LSEP and the Administrators make no commitment to update it. LSEP and the Administrators do not accept any liability for any material posted by Users which is found to breach, infringe or make unlawful use of third party rights.
9.5. The material on the LeicesterShire Networks is provided “as is” without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, LSEP and the Administrators (as between them and Users) allow access to the LeicesterShire Networks on the basis that they exclude all representations, warranties, conditions and other terms which but for these terms might have effect in relation to the LeicesterShire Networks.
9.6. Neither LSEP nor the Administrators guarantee and they do not warrant that access to the LeicesterShire Networks and/or any part of it will be error free and without interruption. The liability of LSEP and the Administrators arising from any loss arising out of Users’ inability to use the LeicesterShire Networks or any part of it is hereby excluded.

10. LIABILITY

10.1. So far as is permitted by law LSEP and the Administrators (as between them and Users) exclude all liability and responsibility for any amount or kind of loss, damage, liability or expenses 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 the LeicesterShire Networks in any way or in connection with the use, inability to use or the results of use of the LeicesterShire Networks, any websites linked to the LeicesterShire Networks or the material on such websites or the LeicesterShire
Networks, including but not limited to loss or damage due to viruses that may affect your access to, use of, or browsing the LeicesterShire Networks or your downloading of any material from the LeicesterShire Networks or any websites linked to the LeicesterShire Networks.
10.2. If your use of material on the LeicesterShire Networks results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10.3. Nothing in these conditions shall exclude or limit LSEP’s or (as the case may be) the Administrators’ liability for (i) death or personal injury caused by its negligence; (ii) LSEP’s or the Administrator’s fraud; or (iii) any liability which cannot be excluded or limited under applicable law.
10.4. Neither LSEP nor any of the Administrators shall have any liability to you for any loss, costs, expenses or damages which you may suffer or incur due to any cause or event outside their control including but not limited to default or failure of the suppliers or subcontractors of LSEP or the Administrators, Act of God or failure of any power or system.

11. MISCELLANEOUS

11.1. If any part of these conditions is held by any competent authority to be invalid or unenforceable (whether in whole or in part) this shall not affect the validity of enforceability of the remainder of these terms.

12. ASSIGNMENT

12.1. You may not assign, or transfer or hold upon trust for any third party any or all of your obligations and rights under these conditions without the prior written consent of LSEP. LSEP reserves the right to assign or transfer all or any of its rights and obligations under these conditions without your consent.

13. NOTICES

13.1. Where notice it to be given under these conditions it shall be given in writing by first class post, facsimile transmission or e-mail. Notice which is sent by post shall be deemed to have been delivered 2 working days after posting. Notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day after transmission.

14. GOVERNING LAW AND JURISDICTION

14.1. These conditions and any contract with LSEP or the Administrators shall be governed by and construed in accordance with English law. Any disputes arising shall be subject to the jurisdiction of the English courts.