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Broward County, Fla., Residents Say Internet Company Denied Access.
Source: South Florida Sun-Sentinel (Fort Lauderdale, Florida) (via Knight-Ridder/Tribune Business News)
Publication Date: 30-AUG-02
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Broward County, Fla., Residents Say Internet Company Denied Access.
COPYRIGHT 2002 South Florida Sun-Sentinal
Byline: Joseph Mann
Aug. 30--Two Broward County residents filed a lawsuit Monday against AT&T Broadband LLC, a unit of AT&T Corp. that alleges that the cable television and Internet service company intentionally denied fast-access Internet service to minority neighborhoods and overcharged other customers for its services.
In the action, filed at the U.S. District Court in West Palm Beach, plaintiffs
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The great transition that is taking place on the Internet -- from free to fee -- is now gathering speed. You used to be able to listen to audio streams of Major League Baseball for free. Not anymore. Now you have to buy something called Total Ticket at www.mlb.com for $9.95 a month or make do with Gameday Audio for a onetime fee of $14.95. You used to be able to read the Financial Times at www.ft.com for free. Not anymore. Now you have to buy a subscription to read its "most valuable features," just as you do for online content from the Wall Street Journal. Want extra storage space for your Hotmail account? Please remit $12.95 annually.
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There's a blog that chronicles all of this at http://theendoffree.com. It reports on the latest converts from "free to fee and beyond." If you read it every day, you can see the trend unfolding in real time, right before your eyes.
This was inevitable. None of the dotcom revolutionaries ever thought through the permission-advertising model that might have enabled "forever free" Web content. The Webmasters went with a broadcast-advertising model instead. White space on a Web page was filled with billboards that no one wanted or needed. The Webmaster's response to consumer indifference was to make the advertising ever more invasive, which made it ever more annoying. We have gotten to the point where "traditional" advertising on the Web is probably an exercise in bad brand management. And so the end of free content nears.
This trend, from free to fee, is emblematic of a more ominous development in the Internet arena. Bill Taylor, one of Fast Company's founding editors, calls it "the counterrevolution": mature companies in mature categories striking back at Silicon Valley technology and the pricing-power collapse that it implies. They are doing so in Washington, DC and in state capitols, where the technology crowd is weakest and most clueless. Their efforts are meeting with considerable success.
To understand what is happening, it's necessary to back up a few years. Back then, on Sand Hill Road, where the top venture firms met the top technologists, there was the sense that the work that they were engaged in represented the future. It was the future. Their technology would reinvent every business and shift the paradigm of every enterprise. And nothing could stop it or them.
They had no use for politics, no use for government, no use for the old rules. But it was more than that. They were openly disdainful of government regulation of any kind, and they didn't bother to hide their contempt. When the National Security Agency raised concerns about unbreakable encryption software, Valley technologists sniffed that their concerns were the product of old thinking. The whole nation-state thing was so retro. The digerati weren't really Americans, after all; they were citizens of a wider world. They were global technologists. They could sell to whomever they chose. And they did.
Just as their technology raised security concerns, it also threatened two established businesses in particular. The first was old-fashioned telephony -- the telephone business was the choke point of Internet technology. With billions of dollars of Wall Street cash, thousands of miles of information-superhighway fiber-optic cable was laid into the ground between major hubs. The problem was the so-called last mile: the wire into your home. Most homes were equipped with three wires: electric, telephone, and cable television. Most people connected to the Web over a standard phone line. Converting that line into a high-speed-access line was crucial to the success of all of the other Internet technologies that the Valley had to offer.
But there was a problem. Regional Bell Operating Companies made their money on local and long-distance telephony. The Valley was proclaiming that the days of such services being fee-based were numbered; in the future (through Internet-Protocol telephony), all voice calls would be free. And it was true. If every last mile was connected by fiber-optic wire or high-speed cable, every voice call could be free.
The RBOCs, of course, did not see such a future as beneficial to their financial health. So they went to work at the state and federal level to forestall the implementation of this technology until they could control it. RBOCs have state and federal political relationships that are the envy of every industry, with the possible exception of the electric utilities. They own most state legislatures, and they know everyone and anyone who matters at the federal level. They have been dealing with regulators since the first part of the last century, and they've been contributing to the political war chests of committee chairmen for as long as anyone can remember.
And so the Tauzin-Dingell bill, a blatantly pro-RBOC piece of legislation that granted the Baby Bells the more or less exclusive right to build out DSL access, passed the U.S. House of Representatives this spring by a comfortable margin. This success came on top of an FCC regulatory ruling that favored the RBOCs on building out DSL access. Tauzin-Dingell will probably not pass the Senate in its current form, but when and if it gets to a House-Senate conference committee, the betting among political professionals in Washington is that something favorable to the RBOCs will emerge.
This outcome would have seemed unimaginable three years ago, when Internet technology seemed like a tsunami. But today, the outcome seems almost predictable. After all, the last-mile logjam hasn't been broken. Voice calls are still not free. And the companies that will build out the high-speed-access system to most homes will be the very companies that did so little to make it available (at an affordable price) for so long.
The other empire striking back is the entertainment industry. Bad as Tauzin-Dingell might be, it pales in comparison with what Hollywood is proposing. Threatened by companies such as TiVo and Napster and copying technology that essentially Napsterizes everything from movies to television to live programming, the entertainment industry called in all of its chits and asked for passage of the Digital Millennium Copyright Act, which was enacted in 1998. It is now asking for passage of the Consumer Broadband and Digital Television Promotion Act, introduced by Senator Fritz Hollings (D-SC). That would require computer makers to build copyright-protection technology into all personal computers. It could also make illegal all software that enables copying. The target of the latter piece of legislative legerdemain is the Free Software movement itself.
The Hollings bill is breathtakingly far-reaching legislation, but it is a measure of Hollywood's clout that California senator Dianne Feinstein -- formerly the mayor of San Francisco -- has cosponsored it. If it passes both houses of Congress, the Hollings bill will likely be vetoed by President Bush. But that's not the point. The point is that legislation that would effectively devalue Apple Computer (whose new iMacs are capable of copying music and video and sharing those copies over the Internet) may well pass both houses of Congress. That's real power. There aren't many industries that can cut themselves that kind of deal.
With free content heading toward extinction, free telephony on hold, free sharing of private property under attack, the design of personal computers in question, and the Free Software movement in the gun sights, you might think that Silicon Valley would be organizing itself to fight back on the political front. But they're late to the game. And remarkably, they still haven't appealed to the public for support. There is no widespread public campaign to defeat Tauzin-Dingell. There is no widespread campaign to defeat the Hollings bill. And there are no grassroots efforts on the Web. The Internet army, which is enormous, hasn't been engaged or conscripted.
There was a time when Silicon Valley could ignore politics. But that was then. These days, their business depends on it. Either they get a mitt and get in the game, or they lose. And if they lose, we -- the Internet army -- lose big-time.
John Ellis (jellis@fastcompany. com) is a writer and consultant based in New York. Read his weekday musings (www.johnellis.blogspot.com) or find a catalog of his columns
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What is DSL?
DSL (Digital Subscriber Line) is a constant Internet connection at a fixed price and replaces your dial up account. DSL is Internet access with no connection delay at a fixed price and usually for an unlimited amount of time. The principal difference between a dial up account and DSL is speed. DSL is much faster than a modem connection. Pages load in seconds.
How fast is it, really?
With your DSL connection you can connect to the Internet at speeds up to 50 times faster than a 28.8 Kbps connection. Actual connection speeds will vary depending upon your geographic location and your distance from your phone company's central office.
Why do I need additional speed?
DSL offers the fastest, dedicated link to the Internet for your home. You will be able to download streaming audio and video and play Internet games with relative ease.
Do I need to be a computer expert to use DSL?
No. Providers have make things simple. They are the best technical people around who work hard so you don't have to, and make sure your online and Internet experiences are fast, fun and easy. DSL is simple to install and use. And you'll have complete support if you need it.
Just how easy is it to install?
Most DSL customers install the DSL modem themselves - it's easy, quick and convenient. But if you need it, technical help is available 24x7. Or one of our providers can send a technician to install the service for you at a reasonable fee. It's your choice.
Convenience. DSL saves you time by eliminating dial-up delays and annoying busy signals.
What about cost? DSL is often less than the combined cost of a second phone line and your current ISP. You can surf all you want without having to worry about paying for extra hours.
What is a dedicated connection?
Unlike cable modems, DSL provides you with your own dedicated connection from your computer to our central office. That means you won't have to share a connection with other users or fight for bandwidth. As a result, you'll experience more consistent download speeds. Important files can be transmitted with the peace-of-mind that comes with having a dedicated connection.
Usage of all NewNet services is assumed to indicate acceptance of the terms and conditions as shown.
1. Terms and Defintions
2. Acceptance
3. The Service
4. Right to change Username, Internet Address and Password
5. Payments
6. Usage
7. Equipment
8. Telecommunications tariffs
9. Liability
10. Changes to the Service
11. Suspension
12. Termination
13. Rights on Termination
14. User Name and Internet Address
15. Notices
16. Expenses of the Company
17. Non-Waiver
18. Invalidity
19. Confidentiality
20. Assignment
21. Miscellaneous
22. Other Printed or Standard Conditions
23. Variation
24. Service Level Guarantee
25. Law and Arbitration
Download the Terms and Conditions as a PDF file
1. Definitions and Interpretation
In these Conditions:
Accepted Order means an Order which has been accepted by the Company, acceptance being indicated by an Order being signed by the Company and returned to the Customer;
Agreement means any agreement made subject to these Conditions that shall incorporate these Conditions;
BT means British Telecommunications plc;
A Call is defined as the connection of one or more parties via the networks or the PSTN by which the ability to transmit or receive digital data or other information is made possible. This applies to one and two way traffic and includes any recorded and/or automated transmissions and or the reception of data;
Colocated Equipment means any of equipment owned by the Company, its agents, service providers or sub-contractors sited at the Customer‘s or other third party‘s premises as required to provide the Service;
Colocation is defined as the housing of equipment (customer provided or leased) within one of our Data Centres. Colocation is offered with a Standard Level Service Agreement unless otherwise specified within the appropriate schedule.
Company means NEWNET PLC (company registered number 3128506) of West Barn, Cams Hall Estate, Fareham, Hampshire PO16 8UT;
Company Equipment means any equipment owned by the Company and used in connection with the provision of a colocation service, or which is supplied by the Company for lease by the Customer under an Accepted Order;
Customer means any person or organisation with whom the Company enters into an Agreement subject to these Conditions;
Customer Equipment means any equipment owned by the Customer and used in connection with the provision of a colocation service, or which is supplied by the Company for purchase by the Customer under an Accepted Order;
Domain Name means any name and appropriate classification and or geographic locator registered with an appropriate domain registry and converted to an Internet Address by means of a Domain Name Server (dns);
Internet Address means such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify himself and or his computer or computers to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer;
Internet means the global data network comprising interconnected networks using TCP/IP to which the company is connected and provides access to its Customers;
ISP means an Internet Service Provider;
Leased Equipment means any equipment owned by the Company and leased to the Customer;
Network Operator means the legal entity or entities responsible for operation of a communications network;
OLO means a Network Operator other than BT (or Other Licensed Operator);
Password means the alphanumeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to the Company's service;
PDN means the Public Data Network operated by a PTO as defined by the Telecommunications Act 1984;
POLO is the pence per minute ”payment to OLO” rate payable by BT to the Company's telecommunication provider from time to time for the termination of a Call originated on the BT telecommunications system to a Customer as set out in BT‘s carrier price list from time to time;
PSTN means the Public Switched Telephone Network operated by a PTO as defined by the Telecommunications Act 1984;
PTO means a Public Telecommunications Operator as defined by the Telecommunications Act 1984;
Retail Rates mean the rates for retail telecommunications services provided by BT as set out in BT‘s retail price list from time to time;
RIPE means the Réseaux IP Européens - RIPE administer and provide technical co-ordination necessary to enable the operation of a pan-European IP network. RIPE manage the allocation of all IP‘s in Europe;
Service Commencement Date means the date identified as the delivery date on the company invoice to the Customer;
Service means the services described in the current Company literature together with such Value Added Services to be provided by the Company to the Customer but in any event include the provision of data network services using TCP/IP. Representations made by the Company‘s distributor will not form part of this agreement unless confirmed in writing prior to purchase of the service;
TCP/IP is the abbreviation for Transmission Control protocol/Internet Protocol;
Transit Charges means the charges payable to BT by the Company‘s telecommunications provider for the transit of Calls originated on an OLO‘s system and terminated on an OLO‘s system, as set out in BT‘s carrier price list from time to time;
Upgrade Usage Charges means such charge for such predetermined unit of time and or volume of data together with any charges related to Value Added Services from time to time provided by the Company in each case at the rates set out or referred to in the Company‘s published tariffs and or such as may be agreed in writing with between the Customer and the Company;
User Name means such sequence of alpha numeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer;
'U' - one 'U' in relation to space within server racks refers to a vertical height of 44.45mm
Value Added Service means the provision of a service other than simple connectivity that may be detailed in the current Company brochure.
In these Conditions and an Agreement, unless the context otherwise requires or is otherwise specified:
reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;
any reference to a party includes a reference to its successors in title and permitted assigns;
references to clauses and schedules are to be construed as references to the clauses of, and schedules to, these Conditions or the Agreement;
the headings to the clauses are for ease of reference only and shall not affect the interpretation or construction of these Conditions or the Agreement.
In the event of any conflict (whether as to interpretation or otherwise) between the provisions of an Accepted Order, the Agreement, these Conditions and the provisions of any other agreement or document referred to in this Agreement the following order of precedence shall apply:
the Accepted Order;
the Agreement;
these Conditions; and
that other agreement or document.
A third party who is not a party to the Agreement has no right to enforce any term of it.
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2. ACCEPTANCE OF Orders
The Company reserves the right to refuse any order for subscription, services or goods.
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3. THE SERVICE
Subject to these Conditions the Company will, as required and subject to the Customer Order:
connect the Customer to the Company‘s network Internet points and service;
register the Customer‘s Domain Name; and
provide the web site hosting service.
Domain Name registration is subject to the availability of the requested Domain Name, and the Customer accepts that registration will take from 1 to 40 working days from the date of payment and receipt of full details.
Domain Name renewals are the responsibility of the Domain Owner. The Domain Owner must not rely upon receiving notification from domain registrars, agents or resellers for domain renewals. It is the responsibility or the Domain Owner to ensure the renewal fee has been received by the registrar within the existing registration period.
The Customer acknowledges that the web sites hosting service will take up to 2 weeks from the date of payment until it is fully operational.
The Company shall procure the provision of connectivity to the Customer as soon as reasonably possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly the Company will not be responsible for any delay in connection beyond such a date.
The Customer must inform the Company of any change to their telephone, fax, email or other contact addresses within 5 working days of the change becoming effective.
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4. RIGHT TO CHANGE USERNAME, INTERNET ADDRESS AND PASSWORD
The Company shall have the right from time to time to change the Customers User Name, internal Address and or Password allocated by the Company for the purpose of essential network maintenance, enhancement, modernisation or other work deemed necessary to the operation of the Internet. Any such changes to be notified by email or fax.
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5. PAYMENTS
Charges for the Service shall be paid by the Customer to the Company in advance annually or quarterly unless any other payment method has been agreed in writing between the Company and the Customer or as detailed on any Accepted Order.
The Company reserves the right to vary from time to time all charges with one months‘ notice to the Customer.
Any Upgrade Usage Charges detailed in any of the Company‘s published tariffs and that of its appointed distributor currently in operation shall be paid by the Customer to the Company in advance, covering the period to the next payment date for the original data rate supply rate and thereafter simultaneously with the original data rate supply payment.
If this agreement is upgraded to provide a higher level of service, then the service will continue at the higher rate for the remainder of the contract period.
Colocation bandwidth is monitored on a monthly basis. If usage exceeds commitment then an additional invoice will be presented to the Customer for the difference between usage and commitment. The uncommitted bandwidth will be charged at a rate as may from time to time be amended and advertised by the company on its web site
Itemised details of excess usage and any other relevant charges may be made available to the Customer if ordered in advance and the Company reserves the right to make an additional charge for this service.
All payments shall be due to the Company net on presentation of invoice unless otherwise specified on the invoice at the Company's main office or at such other address as may from time to time be specified by the Company in writing. All usage charges shall be payable in full in respect of the month in which the notice to terminate the Agreement expires.
Interest payable on demand whether before or after judgement shall accrue from day to day on overdue amounts at the rate of 2% above base rate together with VAT if applicable.
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6. USAGE
The Customer hereby agrees to:
Accept and abide by the NewNet Acceptable Use Policy as published on the NewNet web site at: http://www.newnet.co.uk/aup and as may from time to time be changed.
refrain from transferring any illegal material (including but not limited to material which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or in breach of copyright, privacy or other rights) to or from other users of the service or the PDN and the other privately owned and operated services to which the Company may from time to time provide access;
refrain from sending menacing, offensive, abusive or annoying messages (commonly referred to as, but no exclusively, 'spam' or Unsolicited Commercial email 'UCE'), whilst using the Service via the Company or any other ISP;
not divulge their Password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties;
keep the Company informed of any change to the Customer's address as set out overleaf and other such information as may effect the payment of charges due;
immediately cease to use and return any Internet Addresses allocated by the Company to the Customer on termination of this Agreement;
not to announce by any means any and all Internet Addresses allocated to or by the Customer by the Company as part of an autonomous system unless the addresses originate from inside the Company's network and the Customer has obtained permission from the Company to operate an autonomous system;
not to use or permit the usage of the Service in an unlawful manner or in contradiction of published legislation and regulations governing the Internet; and
include the above restrictions in all the Customer‘s on selling conditions using the Company‘s Service and not to resell a bandwidth greater than that purchased and contracted from the Company unless linked to the Internet through another provider in addition to the bandwidth provided by the Company (dual homed) when the restriction will apply at the aggregated data rate.
The Company reserves the right to restrict or block internet traffic to or from a Customer server in the event of a failure to abide by the published terms of the Acceptable Use Policy. This may include, but not exclusively, the transmission of unsolicited email.
The Company reserves the right to make an administrative charge as a result of abuse of the Acceptable Use Policy.
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7. EQUIPMENT
Customer Equipment shall:
at all times be at the Customers risk;
be insured by the Customer against all risks;
be subject to the terms and conditions of the landlord or owner of the building in which the equipment is located; and
be compliant with the 'Control of Noise at Work Regulations' and any equipment that exceeds the 'lower action value' may not be operated within the building.
Leased Equipment from the Company shall:
at all times remain the property of the Company;
shall be covered by and the Customer agrees to maintain at Customer's expense during the entire time this Agreement is in effect, comprehensive general liability insurance.
Customer Equipment which is supplied by the Company pursuant to a purchase order shall:
remain the property of the Company until full payment for the Customer Equipment in cleared funds has been received by the Company, at which time title to the relevant Customer Equipment shall pass to the Customer; and
be supplied without any warranty, representation or condition, whether express or implied by common law or statute and all such warranties, representations and conditions are excluded to the fullest extent permitted by law, save that any manufacturers‘ or suppliers‘ warranties that are capable of assignment shall be assigned by the Company to the Customer.
All Customer Equipment which is not located on land owned or leased by the Customer or its agents shall be subject to a general and particular lien for the payment of fees or charges payable by the Customer to the Company under any Agreement, and the Company may sell any Customer Equipment and apply the proceeds of sale in or towards satisfaction of every lien and all proper charges and expenses related to each lien, accounting to the Customer for any surplus, if the lien is not satisfied with 14 days from the date when the Company first gave notice of its exercise of any lien.
Where Colocated Equipment or Customer Equipment is located on land owned or leased by the Customer or its agents, the Customer shall grant or shall procure the grant to the Company, its employees, agents or contractors of a licence to enter the land to execute any works for and in connection with the maintenance, adjustment, repair, alteration or removal of the Colocation Equipment or Customer Equipment, subject to the Customer‘s or its agent‘s reasonable terms and conditions governing security and access procedures to enter the land if such terms and conditions provide for emergency access to the Colocated Equipment or Customer Equipment outside of normal business hours.
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8. TELECOMMUNICATION Tariffs
The Customer warrants to the Company on the date of this Agreement, on an ongoing basis throughout this Agreement, that it has independently verified the Retail Rates, POLOs, Transit Charges and any other applicable charges by reference to BT‘s retail and carrier price list from time to time.
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9. LIABILITY
The Company shall not be liable for the following to the extent permitted by the applicable law:
indirect damages, loss of profits, business revenue, goodwill or any economic loss;
any claim made against the Customer by another third party that does not follow a breach of these Conditions by the Company;
any loss or damage to the Customer caused by or arising from any act or omission of the Customer, any PTO or Value Added Service supplier, or other customers or persons; or
any act caused as a result of force majeure or beyond the Company‘s control.
The Company‘s total liability for any loss or damage suffered by the Customer shall not exceed the greater of £2,500 or the aggregate of all charges payable or paid by the Customer for the Service supplied in the 12 month period beginning on the Service Commencement Date or its anniversary in which the event giving rise to the claim occurs.
Neither party excludes or limits its liability to the other for death or personal injury resulting from the proven negligence of either party, its employees or agents.
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10. CHANGES TO THE SERVICE
10.1 If any Network Operator shall discontinue the provision of telecommunications services to the Company or shall alter by modification, expansion, improvement, maintenance or repair the telecommunications services or any part thereof provided to the Company or shall disconnect the Customer‘s apparatus from the PSTN, PDN or Internet, the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Services as necessary.
10.2 If a Customer‘s equipment produces excessive heat, generates disruptive or excessive internet traffic or any other kind of disturbance or nuisance which affects equipment operated by other customers or the Company, the Company reserves the right, on giving three months written notice to the Customer, to relocate a customer‘s rack and/or equipment.
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11. SUSPENSION
The Service may be suspended or suspended during peak times by the Company without notice and without prejudice to the company‘s rights of termination under clause 12 in the event of the following:
Failure by the Customer to make any payment to be made to the Company on its due date for payment.
If the Customer does or suffers anything to be done which jeopardises the Service or any network to which the Customer is from time to time connected.
If the Customer‘s credit limit has been exceeded or if the Customer is otherwise in breach of these Conditions.
No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company, and without limitation, the annual subscription charge will continue to accrue. During suspension the Company reserves the right to refuse to release the Customer‘s Internet Address as issued by the Company
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12. TERMINATION
This Agreement shall remain in force for a minimum period of 12 months, or unless as shown otherwise on the service schedule (attached), from the date of an Accepted Order . Termination can be effected as follows:
By the Customer
The Customer may terminate this Agreement by giving 3 months‘ written notice, which may expire at any time after 12 months, or other time as shown on the service schedule, from the Service Commencement Date. Email notification will not be accepted as notice of termination of Agreement.
Some services, for example ADSL broadband, have alternative minimum periods and are subject to alternative terms which are shown to the Customer during the ordering process.
By the Company
The Company may terminate this Agreement at any time and without notice if:
the Customer commits any breach of this Agreement including, but without limitation, non-payment of any subscription charges; or
by at least 3 months written notice to the Customer; or
with immediate effect if bankruptcy or insolvency proceedings are brought against the Customer, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of the Customer‘s assets, or the Customer goes into liquidation.
The Company reserves the right to invalidate any Customer‘s User Name and Internet Address issued to the Customer following termination of this Agreement.
Domain name hosting and transfer request for DNS records must be in writing with the authorised signature of the domain owner. There is no charge for the transfer, but a small charge may be made for administration.
Domain Name transfers will not be made until all outstanding amounts have been paid by the Customer.
Domain Names shall remain the property of the Company until all outstanding amounts have been paid by the Customer except in such situations where the Domain Name has been previously registered and paid for in full by the Customer or third party.
No refund of subscription charges will be made to the Customer upon termination of the Agreement by either the Company or the Customer.
The Customer shall at his own cost return to the Company all equipment cables and literature belonging to the Company within 5 days of final completion of the agreement and ensure that it arrives in good working order.
The Company has the right to terminate the Contract immediately if the Customer or any of its employees or agents engages in any conduct that is prejudicial to the Company or in the event of non-payment of the Fees by the Customer within thirty (30) days of the due date for payment.
Upon termination, the provision of the Services shall immediately cease and the Customer shall:
pay all outstanding feed due under this Contract, including all contract termination costs;
at it's own cost, remove all its equipment from the premises without delay (providing all outstanding fees under this contract are paid);
return to the Company any materials and Restricted information belonging to the Company
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13. RIGHTS ON TERMINATION
Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement.
On termination of the Agreement the right to the use of the Internet Address allocated by the Company shall revert to the Company under RIPE terms or agreement except where a specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Address and the fee or other payment required by the Company in connection with such transfer has been paid for by the Customer.
In the event of termination of the Agreement by the Company on account of any breach of these Conditions by the Customer, the Company shall be entitled to the balance of all annual subscription payments and call charges which would, but for such termination, have accrued up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with these Conditions.
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14. USER NAME AND INTERNET ADDRESS
The Company shall not be requested or required to release the User Name Domain Name or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder. Domain Names, when registered by the Company at the request of the Customer, remain the property of the Company until all sums due have been received.
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15. NOTICES
Any notices under or in connection with this Agreement shall be in writing and shall be delivered by Royal Mail post to the relevant address given in the Agreement or to such address as the recipient may have notified to the other party via e-mail for that purpose.
Suspension notices for non-payment of charges will be deemed as delivered by facsimile to the relevant facsimile number given in the application or to such facsimile number as the Customer may have notified.
Any notice shall be duly given, if given by pre-paid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a pre-paid first class letter.
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16. EXPENSES OF THE COMPANY
The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company.
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17. NON-WAIVER
The allowance of time to pay or any other indulgence by the Company in respect of payments due to it shall in no manner affect or prejudice its right to payment together with interest provided under these Conditions.
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18. INVALIDITY
If these Conditions or the Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged to be valid effective and enforceable if part of the wording were deleted or a provision were reduced in scope these Conditions of the Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions) valid effective and enforceable.
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19. CONFIDENTIALITY
Each party hereto undertakes to the other that it shall keep, and shall procure that its directors and employees shall keep secret and confidential and shall not use or disclose to any other person any information or material of a technical or business nature relating in any manner to the business, products or services of the other party which the first party may receive or obtain in connection with or incidental to performance of the Agreement, provided that:
the first party shall not be prevented from using any general knowledge, experience and skills not treated by the other party as confidential or which do not properly belong to the other party and which the first party may have acquired or developed at any time during the Agreement;
the first party shall not be prevented from using the information or material referred to above to the extent such information or material comes into the public domain otherwise than through the default or negligence of the second party; and
notwithstanding the above, either party shall have the right to communicate any information concerning the other party to any Government department or body or other authority established by statute or under subordinate legislation, where such information is required by law or is otherwise properly required under a PTO licence, Office of Telecommunications regulation, or Code of Practice or otherwise.
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20. ASSIGNMENT
Neither party shall assign or transfer any of its rights or obligations under an Agreement save that the Company may assign to an associated company within the meaning of Section 416 of the Income and Corporation Taxes Act 1988, on notice.
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21. MISCELLANEOUS
The Company and the Customer acknowledge and agree that this Contract shall not establish or constitute any relationship of partnership, joint venture, employment, franchise or agency between the parties. Neither party will have the power to bind the other without the other's prior written consent.
Any typographical, clerical or other error in any sales literature, marketing materials, quotation, price list or other document issued by the company or contained on any page of the company website shall be subject to correction without any liability on the part of the company. For the avoidance of doubt, the company brochure and other sales literature or marketing materials (either appearing on the company website or in printed form) are not incorporated into and do not form part of this contract.
The customer agrees that the company may refer to the customer (with relevant description of the customer's business) in any of the company's marketing materials or on the company website. The customer hereby grants the company a limited licence to use any customer trade names and trademarks solely in connection with such marketing.
Except as expressly provided, the parties do not intend any term of this Contract to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
The failure or delay of the Company to enforce any part of the Contract shall not affect or waive the Company's rights to enforce it at a later date.
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22. OTHER PRINTED OR STANDARD CONDITIONS
All Services are provided on the foregoing conditions which, together with any special terms set out on an Order or in the Agreement, constitute the entire agreement to the exclusion of any other terms and conditions and no agreement terms and conditions contained in any document sent by the Customer to the Company shall be of any effect with respect to the Agreement unless expressly accepted by a duly authorised officer of the Company in writing.
The Customer acknowledges that the Customer has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which is not set out in these Conditions, the Agreement or an Accepted Order, including any representation made by or on behalf of the Company in relation to the Service which has induced the Customer to enter into the Agreement with the Company.
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23. VARIATION
The Company reserves the right to vary these Conditions as a result of changes required by its insurers, new legislation, statutory instruments, Government regulations or licences. These Conditions may not otherwise be varied or waived except by express written agreement between both parties.
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24. SERVICE LEVEL GUARANTEE
1.1 Basic Service Level Guarantee
The Company warrants that its supply of access to the Internet shall be available at a level not less than 99% per month (the “Basic Service Level Guarantee“). This warranty shall apply to all customers with the exception of those subscribing to the “Standard” or “Platinum Service Level Guarantee”.
This warranty excludes:
failures of network/equipment/circuits not operated by the Company;
failures of circuits external to the Company's premises.
1.2 Standard Service Level Guarantee
The Company warrants that its supply of access to the Internet shall be available at a level not less than 99.7% per month (the “Standard Service Level Guarantee“) where such guarantee level is purchased by the Customer.
This warranty excludes:
failures of network/equipment/circuits not operated by the Company;
failures of circuits external to the Company's premises.
1.3 Platinum Service Level Guarantee
The Company warrants that its supply of access to the Internet shall be available at a level of 100% the “Platinum Service Level Guarantee“) where such guarantee level is purchased by the Customer.
This warranty includes:
failures of all networks/equipment/circuits;
application of up to 20 firewall rules to customer server or leased line.
Hardware and Software monitoring - where provided only as part of an additional Service Level Agreement:
Equipment not owned by the Company is not directly monitored
Indirect monitoring is provided in the form of a standard Ping Test performed every 6 minutes to one IP address per Customer service account. By mutual agreement with the company, the Customer will provide a nominated IP address for testing purposes.
Notification of Outage and Service Interruption events - as part of an additional Service Level Agreement:
An outage or service interruption event is defined when the second ping test fails or when the Customer notifies the Company, which will be carried out in the first instance by use of the online form and then as per the escalation procedure put in place by mutual agreement
The Company shall notify the Customer via the service status page of an outage or service interruption event within 30 minutes of such an outage being officially recorded.
In the event of suspension of Service due to a technical fault in the network or act of God, the Company will use all possible endeavour to resume service with minimum delay but will not be responsible for loss suffered by the Customer.
The Company may suspend the Service from time to time for necessary technical reasons and network upgrades without invalidating its Service Level Guarantee set out above provided that 12 hours notice via the Company‘s network status page or email has been given to the Customer and the period of suspension is not more than one hour. The Company shall use its reasonable endeavours to time such suspensions between 0000 hours and 0600 hours local time.
If the event reported as per the escalation procedure is confirmed by the Company, then the Customer will receive service credit as calculated by the following formula:
The Availability of the service shall be calculated at the end of each month in accordance with the following formaula:
A = (X - Y) / (X - planned outages) x 100%
Where:
“A” = the Availability of the service (expressed as a percentage)
“Y” = Minutes of downtime in 1 calendar month
“X” = Total minutes in 1 calendar month based on 1 minute past midnight on the 1st to midnight on the last day of the month
Calculation of Downtime
Downtime is calculated from the time of notification of a fault by either the Company or the Customer, and ends when the service is restored to full working order. These times will be logged and notified by email.
Compensation Calculations
Basic Service Level Guarantee
In the event that availability falls below the guaranteed level of 99% in any particular month, then NewNet shall credit the Customer using the following guide:
Availability
% Reimbursement rate
% of monthly charge Maximum outage period - hours
Above 99 0 7.44 hours
95.00 - 98.99 5 37.2 hours
90.00 - 94.99 10 74.4 hours
85.00 - 89.99 15 111.6 hours
80.00 - 84.99 20 148.8 hours
75.00 - 79.99 25 186 hours
below 74.99 35 Exceeds 186 hours
Standard Service Level Guarantee
In the event that availability falls below the guaranteed level of 99.7% in any particular month, then NewNet shall credit the Customer using the following guide:
Availability
% Reimbursement rate
% of monthly charge Maximum outage period - hours
Above 99.7 0 2.23 hours
99.00 - 99.69 5 7.44 hours
95.00 - 98.99 10 37.2 hours
90.00 - 94.99 15 74.4 hours
85.00 - 89.99 20 111.6 hours
80.00 - 84.99 25 148.8 hours
below 79.99 35 Exceeds 150 hours
Platinum Service Level Guarantee
In the event that availability falls below the level of 100%, then NewNet shall credit the Customer using the following guide:
Availability
% Reimbursement rate
% of monthly charge Maximum outage period - hours
Above 99.7 5 2.23 hours
99.0 - 99.69 10 7.44 hours
95.0 - 98.99 15 37.2 hours
90.0 - 94.99 20 74.4 hours
85.0 - 89.99 25 111.6 hours
80.0 - 84.99 30 148.8 hours
below 79.99 40 Exceeds 150 hours
“Availability” means the availability of a Server or Web Site as demonstrated by means of a trace route program.
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25. LAW AND ARBITRATION
These Conditions and all Agreements are subject to the laws of England.
These Conditions incorporate the provisions for arbitration if any are available under any Code of Practice issued by the Network Operator under the provision of its licence. Any dispute which may arise between the parties concerning this Agreement shall be determined either in accordance with such arbitration procedure, if any, or by the High Court of Justice in England and the parties hereby submit to the exclusive jurisdiction of that court for such purpose.
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Web Programming
July 12th, 2006
Most of us are unaware of what is Web Programming. What is Web Programming ?
Web Programming is nothing but writing the source code to create or develop a website. In simple words web programming is creating HTML pages, ASP and PHP pages. In most of the websites created with the help of HTML pages JAVA Script can be implemented. JAVA Script is used to access the data base or any custom processing that the user requires from the web server. The web server processing is programmed with JAVA, VB Script, Perl and many other languages.
Java script is a very popular scripting language that is used in web browsers and other web tools. Java script is mainly used for interactive functions for HTML pages because HTML is only a display language and not a programming language. Java script was developed from Netscape’s Livescript Language. Java script was first released with Navigator 2.0. Java script is mainly used to display a data entry form and confirm the input, while java applet or java servlet are used to process information.
With Poornima Infotech you can move one-step ahead of the world with our advanced web programming skills and make your site achieve what you want. Poornima Infotech is helping companies to empower their enterprises with the latest Internet technology. They offer Ecommerce and shopping cart solutions, web application development, Windows and Linux application development, database development, and integration, dynamic web development and user interface design. They have experienced hands in Java, ColdFusion, ASP, .Net, XML, JavaScript, PHP, CGI, Perl, Flash, Smarty templates. Changes are swift in IT world but we will insulate from the ‘future shock’. Their web Programming work range from small to large projects executed for clients all over the World.
Poornima Infotech provides cheap, high quality web designing services and solutions for small, medium and large businesses. Their Web Services is to develop a set of services including professional website designing, software development and programming services. They also offer web-hosting services, take up redesigning jobs, offer search engine optimization, search engine submission and link exchange services.
Danny Wirken | Web Programming | No comments
E – Commerce
July 12th, 2006
What do you mean by E-commerce? E-commerce is the greatest catchword of the online business revolution at present. E-commerce has captured the excitement and focuses on this fast up-coming market. The main concept of E-commerce is doing business online.
The abbreviation of E-Commerce is nothing but Electronic Commerce. E-commerce in other words is exchange of business information using electronic data interchange (EDI), E-Mail, electronic bulletin boards, Fax transmissions and electronic funds transfer. E-Commerce is related to internet shopping, online stock and bond transactions, downloading and selling of soft merchandise like software, document, graphics, music etc. and business-to-business transactions.
With the help of E-Commerce one can do business better and faster though the net. E-Commerce is all about giving its customers a proscribed admission to your computer and letting people serve themselves. With the help of E-Commerce your business could start flourishing in no time.
In E-Commerce business the Internet’s role can be compared to that of a telephone. That means it is a way people can communicate easily with other. It is also a way a customer can communicate with a company’s computer systems without any human interference.
There are many ways through which people can communicate their business. A few of them are: face to face, body language, tone of voice and facial expressions. When you are unable to meet the person face to face, there are other ways you can communicate they are: a telephone conversation, a fax machine, postal service or even a messenger services.
Likewise internet is also a way to communicate about your business to others.
Dot Com Infoway is a millennium generation software development company that has mastered the nuances of the business world and a company that understands every hue of customer requirements. Dot Com Infoway provides services like Web Hosting, Search engine optimization, Website designing, Web programming, E-commerce, Multilanguage web design, Data entry, Flexible staffing solutions, Outbound call centre, Multimedia, animation, content development, Translation services, Domain registration, Templates and many other services.
Danny Wirken | E – Commerce | No comments
Conversion Tracking in Google AdWords
June 30th, 2006
We earlier talked about conversion in relation to determining whether your AdWords campaign is successful in terms of profitability. Conversion occurs when a user clicks on your ad, and then does some favorable behavior, such as purchase products, acquire services, or other things relevant to your business.
How do you exactly measure a conversion?
One simple solution is to separate products into their own domains or even subdomains. This way, you can use your webhost’s domain statistics to determine the number of visitors referred by Google searchs. However, it can be time consuming to check on several domains, especially if your products span into the dozens or even hundreds.
Solution: Use Conversion Tracking Software
Tracking software usually consists of cookies (or small files downloaded by a user’s browser to store and return data to you) that can track the activity of users directed to your website with users clicking on Google AdWords ads. Using these, you can now determine how many people accessed your site, and how many actually made a purchase.
Google AdWords actually has its own conversion tracking. However, it’s not advisable to use Google’s own conversion tracking software, as this is something that Google might potentially use to peek into the financial status of its AdWords advertisers.
We suggest going for third-party conversion tracking software. There are several free and paid (for-subscription) services that let you do just that—track the conversions from your AdWords ads, and then compute profitability from the company figures you would key in.
What’s important is for you to have a tool that so that people can automatically figures out if your AdWords campaign is actually earning you some profits.
2006-12-01 10:26:56
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answer #5
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answered by neema s 5
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