Lakeland Directory Terms and Conditions of Use

Lakeland Directory is owned and operated by Sumware Designs (the Business).
Please read the conditions for Lakeland Directory before continuing with your registration.

1. EXPLANATION OF CERTAIN WORDS.
1.1: In this Agreement unless the context otherwise requires.

"Agreement" means these Conditions, the Price List and the Service Agreement Form;

"Customer" means the person named as such on the Agreement Form and anyone reasonably appearing to Lakeland Directory to be acting with that customer's authority or permission.

"Service" means the service known as Lakeland Directory comprising the provision of server capacity to participate for an agreed period of time in a virtual directory accessible on the World Wide Web.

"Service Agreement Form" means the Lakeland Directory registration form identifying the Service required by the Customer.

"Minimum Period of Service" means the first twelve months of the service for Listings, Webpage, Mini-Webs and Websites.

"Price list" means the schedule of charges for the Service. The Price List contains explanations and notes concerning the charges which form part of this agreement.

"Information," means the visual, textual or other information published, or otherwise made available (directly or indirectly) on the Internet using the Service

'Third Party Information" means any visual, textual or other information not owned or generated by the Customer, but included by the Customer, to be published as per the customers instructions.

"Domain Name" means a name registered with an Internet registration authority for use as part of the Customer's URL.

2. PROVISION OF THE SERVICE.
2.1 Lakeland Directory agrees to provide the Customer with the Service on the conditions of this Agreement.

2.2 If the Service is to be provided by a date specified by the Customer or Lakeland Directory, such date shall be treated as an estimate only and Lakeland Directory does not accept any liability for any failure to meet the date.

2.3 It is technically impracticable to provide the Service free of faults and Lakeland Directory does not undertake to do so. Lakeland Directory will correct reported faults as soon as it reasonably can.

2.4 The Service requires access to the Internet. This Agreement does not include the provision of hardware or software equipment required to access the service or any telecommunications service for Internet access.

2.5 Occasionally it may be necessary temporarily suspend the Service for repair, maintenance or improvement of the Service but before doing so we will give as much on-line, written or oral notice as is reasonably practicable. Lakeland Directory will restore Service as soon as it reasonably can after temporary suspension.

3. MINIMUM PERIOD OF SERVICE.
The Minimum Period of Service begins on the date when the Service is first made available to the Customer, but it does not prevent Lakeland Directory from exercising its rights to suspend the service; or, subject to paragraphs 6 and 7, either party from terminating this Contract or the provision of a service or facility under it.

4. CHARGES.
4.1 The Customer agrees to pay all charges for the Service as specified in the Price List and noted on the Service agreement.

4.2 Charges are payable in advance for the agreed service period. Service provision will commence upon receipt of payment.

4.3 Any security deposit is to be paid as set out in the Service Agreement before the service is provided.

4,4 Lakeland Directory reserves the right to vary any of the charges for the Service at any time but will give the Customer a minimum of 14 days' notice before the new charges become effective.

5. USE OF SERVICE.
5,1 The Customer shall be, and shall remain, responsible for the supply of all Information pertaining to their listing, webpage, subweb or website. The customer must supply any necessary data or material to enable the provision of service at least 28 days before the intended commencement date.

5 2 The Customer warrants that the Information is accurate and will not include any information or material, any part of which, or the accessing of which would be a criminal offence or otherwise unlawful. In particular the Customer warrants that all necessary licences and consents (including but not limited to those from owners of copyrights or performing rights) have been obtained.

5.3 The Customer warrants that it will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to the Customer.

5.4 The Service must not be used:
5.4.1 fraudulently or in connection with a criminal offence;

5.4.2 to send, receive, upload, download, use or reuse any Information or material which is offensive, abusive, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights.

5.4.3 to cause annoyance, inconvenience or needless anxiety; or may pose a threat to the health and safety of those using the service.

5.4.4 to send or provide unsolicited advertising or promotional material.

5.5 The Customer must not use a Domain Name or URL, which infringes the rights of any person in a corresponding trademark or name, whether in statute or common law.

5.6 The Customer must ensure that a contact name, telephone number and electronic mail address are included in clear and legible form on all material representing the Customer, for receipt of any enquiries or complaints that may arise in relation to Information, Third Party Information or other material published by the service. Lakeland Directory reserves the right to disclose to any person with an enquiry or complaint the contact name, telephone number and electronic mail address if such person cannot locate these details on the Customers published material.

5.7 The Customer must immediately inform BT of any changes to the Customer's details, which the Customer supplied when registering for the Service.

6. BREACHES OF THE CONTRACT.
6.1 If:
6. 1.1 the Customer: (a) does not pay any charge within 28 (twenty-eight) days of it failing due; or (b) commits a breach of this Agreement and if it is possible to remedy, fails to remedy the breach within a reasonable time of written notice to do so or if it is not possible to remedy the breach; or

6.1.2 Lakeland Directory believes the Service is being used in a manner prohibited under paragraph 5 even if the Customer is unaware that the Service is being used in such a way Lakeland Directory can terminate this Contract or suspend the Service or any part of the Service (or both) without notice, and claim for the resulting losses or -expenses. If Lakeland Directory suspends the Service under this paragraph, Lakeland Directory can refuse to restore the Service until Lakeland Directory receives an acceptable assurance from the Customer that there will be no further breach of this Contract.

6.2 On termination under paragraphs 6.1, the Customer shall pay to Lakeland Directory all charges which are due for the. Service under this Contract, including any unpaid charges for the remainder (if any) of the Minimum Period of Service.

6.3 The Customer will remain liable to pay all charges which are due for the service during any period in which the Customer, does not comply with this Contract.

6.4 If Lakeland Directory waives a breach of this Contract by the Customer, that waiver is limited to that particular breach. Lakeland Directory's delay in acting upon a breach is not to be regarded in itself as a waiver.

7. ENDING THE AGREEMENT BY NOTICE.
7.1 Either party can terminate this Agreement on giving 14 days' notice to the other party.

7.2 if notice is given under paragraph 7.1, the Customer shall pay all charges due for the Service up to the expiry of the notice. If the Customer gives notice, the Customer must also pay the charges due for any remaining part of the Minimum Period of Service, unless the Customer has given notice because Lakeland Directory intends to change any of the conditions of this Agreement to the Customers material detriment.

7.3 If Lakeland Directory gives notice under paragraph 7,1, Lakeland Directory will repay or credit the appropriate proportion of any charges paid in advance following expiry of the notice period.

7.4 Termination by notice under this paragraph 7 does not avoid any liability for Service already provided. The customer must pay for any work and/or expenses incurred in getting ready to provide the service. Such costs will be deducted as necessary from the security deposit held by Lakeland Directory, and any remaining balance will be repaid to the Customer.

8. LAKELAND DIRECTORY LIABILITY.
8 1 Lakeland Directory's duty in performing any obligation under this Agreement is only to exercise the reasonable skill and care necessary to provide the Lakeland Directory Service.

8.2 The Customer accepts that Lakeland Directory is under no obligation to monitor or approve Information and Third Party Information and that Lakeland Directory does not examine the use to which customers put the Service.

8.3 Lakeland Directory excludes all liability of any kind for all material comprising Information or Third Party Information and is not responsible for the provision or delivery of any goods and services (including Information) advertised, sold or otherwise made available by means of the Service

8.4 Lakeland Directory is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including Internet registration authorities) or for faults in or failures of their equipment.

8.5 Lakeland Directory is not liable to the Customer either in contract, tort (including negligence) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss whatever

8.6 Each provision of paragraph 8 limiting or excluding liability operates separately. If any part is held unreasonable or inapplicable in any circumstances the other parts shall continue to apply.

9. INDEMNITY.
The Customer must indemnify Lakeland Directory against any claims or legal proceedings and other professional costs that anyone (other than the Customer) threatens or makes against Lakeland Directory arising from the way the Service is used or because the Service is faulty or cannot be used. The customer accepts full responsibility and liability in respect of their participation in Lakeland Directory.

10. GIVING NOTICE.
Notices given under this Agreement must be in writing and delivered by hand, or sent by prepaid post or electronic mail as follows:

10.1 To Lakeland Directory: to the address shown on the Service Agreement Form, or any alternative address which Service Agreement Form notifies to the Customer at any time;

10.2 To the Customer: the address specified by the Customer when entering into this Agreement, or any alternative address which the Customer notifies to Lakeland Directory at any time.

11. MATTERS BEYOND THE PARTIES' REASONABLE CONTROL
If either Lakeland Directory or the Customer is unable to perform any obligation under this Agreement because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, it will have no liability to the other.

12- DOMAIN NAME REGISTRATION.
12. 1 The Customer warrants that it is the owner of or that it is duly authorised by the owner of, any trade mark or name that it wishes to register as its Domain Name and use as part of its URL,

12.2 Unless otherwise agreed, Lakeland Directory will undertake Domain Name and URL registration on behalf of the Customer with the appropriate Internet registration authorities. The Customer is responsible for paying all fees for this Service in advance.

12.3 The Customer acknowledges that Lakeland Directory cannot guarantee that any Domain Name or URL requested by the Customer will be available from or approved for use by the Internet registration authorities.

13. VARIATION OF TERMS AND CONDITIONS Lakeland Directory may change the conditions of this -contract at any time and will give the Customer notice of such changes at least 14 days before they take effect.

14 ENTIRE AGREEMENT.
14 1 This statement of conditions contains the whole agreement between the parties relating to its subject matter and supersedes all previous written or oral agreements relating to it.

14,2 the parties acknowledge and agree that:

14.2.1 they have not been induced to enter into this Agreement by any representation, warranty, or other assurance not expressly incorporated into it; and

14.2.2 in connection with this Agreement, and except in the case of fraud, their only rights and remedies in relation to any representation, warranty or other assurance shall be for breach of the terms of this Agreement and that all other rights and remedies are excluded.

© 2001 Sumware Designs.
Lakeland Directory is the registered trading name and domain name of Sumware Designs.