4. Conditions of Use
6. Privacy and Data Protection
7. Billing and Collection
8. Users' Obligations
9. Suspension or termination of service
10. Limitation of Liability and Indemnity
11. General GreenNet User Code and Conditions Of Use (WEB)
GREENNET USER PLEDGE
GreenNet Ltd is a Limited company with a not-for-profit status, owned
by a registered charity, the GreenNet Educational Trust [charity number:
1037080]. GreenNet Ltd and the GreenNet Educational Trust are dedicated
to the use of information communication technologies for the furtherance
of peace, environmental protection, civil rights and social justice.
The Internet has become a vitally important area for civil society.
While more powerful political and economic interests dominate traditional
media, the Internet has allowed the voices of ordinary citizens and
organisations lacking strong financial resources to be heard. We live
today in an era of globalisation, distinguished by the emergence of
giant multinational corporations and unelected bureaucracies with the
power to make decisions that have profound effects on people all over
The Internet, with over 200 million users worldwide, provides a unique
public sphere where decisions that shape all our lives can be freely
debated and considered. Global communities can be built that have the
ability to limit the power of corporations, bureaucracies and governments.
In a globalised world, that continuously undermines localised democratic
institutions, the Internet provides an essential means for defending
and extending participatory democracy.
GreenNet is a not-for-profit Internet Service Provider dedicated to
supporting and promoting groups and individuals working for peace, human
rights and the environment, through the use of Information and Communication
Technology (ICT). GreenNet is a founding member of the Association For
Progressive Communications (APC). Since 1990, the Association for Progressive
Communications has been in the forefront of using the Internet to build
community across borders. It was the first globally interconnected NGO
network of groups working for peace, human rights, development and protection
of the environment.
By 2005 it is estimated that more than 1 billion people may be online.
Large numbers of individuals and organisations that could greatly benefit
from using the Internet for social campaigning are still unaware of
the enormous possibilities there are for them in using this medium.
pledges to continue its work of building civil society use of the Internet
and defending and extending the rights of those who use the Internet
for social campaigning purposes.
As responsible members of the global Internet community
and as a legal entity doing business in the U.K, GreenNet Ltd must ensure
that our systems are being used to further our mission in compliance
with our own ethics and principles, and appropriate laws and conventions.
To this end, we have a User Agreement, which we need you to read and
indicate your acceptance of.
Please note: everyone is welcome on GreenNet, unless
in conflict with our mission. You are welcome to express your views
and participate in discussions of significant issues, providing you
acknowledge and observe the contents of our user agreement. Certain
places on the system may be open to all, some may be on an "invitation-only"
basis and some may be private work spaces. Please remember, you are
always responsible for what you say and do on-line.
Our aim is to promote the
free exchange of ideas and protect the rights of the individual both
on and off the Internet. Complying with the terms of this User
Agreement will contribute to achieving those objectives. By subscribing
to GreenNet you agree to the terms and conditions of this User Agreement
(referred to further as "Agreement") as set forth below and will have
access to and be able to participate in open and active dialogue on
2. DEFINITION OF ‘PARTIES’
This Agreement is made between you the "User" and GreenNet
Limited [Company No. 2070438] registered in the UK having its registered
office at 56-64
Leonard Street, London EC2A 4JX, ENGLAND, "GreenNet".
3. GREENNET SERVICES
3.1 GreenNet provides a full range
of internet services including dial-up access, ‘email’, connection to
the Internet, website-hosting and a full range of domain name services.
3.2 GreenNet undertakes to provide
the User with Dial-Up Internet Access and/or FTP access to the WWW server
for those who have WWW space/sites with us. GreenNet aims to provide
a 24 hour, 7 days per week monitoring service but cannot guarantee a
continuous uninterrupted service.
3.3 From time to time certain servers
in the whole, or part of the Network may be taken down for routine repair
or maintenance work. GreenNet will give as much notice as possible prior
to ‘system downtime’ and will endeavour to carry out such work during
the scheduled maintenance periods as published from time to time.
3.4 Neither GreenNet nor any other
party has complete control over the Internet, a global decentralised
network of computer systems. Service interruptions may occur due to
causes beyond our control such as system malfunctions or failures of
other parties. Under these circumstances, we will use our best endeavours
to restore the service as soon as is reasonably practicable.
4. CONDITIONS OF USE
- APC Networks shall not be used to plan or carry out any activities
which are illegal under national or international law.
Penalties - Users found breaking these rules will receive, at
a minimum, a warning to cease their impermissible activities. If these
activities persist, GreenNet reserves the right to immediately suspend
the accounts of such users.
Liability Limit - While GreenNet shall attempt to ensure the
highest reliability of its hardware, software and system content, it
shall bear no responsibility for any damages accruing to site owners
because of system failures or content inaccuracy. Site owners shall
use the system at their own risk.
Copyright Information - All information on APC Networks, except
where otherwise noted, is non-copyrighted. It is our intent to distribute
information to as broad a spectrum of people as possible; however it
is up to the users of the system to abide by all applicable copyright
laws. Therefore, all material posted should contain appropriate source
references where applicable.
The User acknowledges that neither the Internet nor
the GreenNet server is secure and that GreenNet cannot guarantee the
security of any of the User’s information.
AND DATA PROTECTION (please read our Privacy
Protection and Data Retention Policy)
6.1 We reserve the right (but do not assume
any obligation) to inspect the content and material in your files, e-mails,
postings and website to ensure compliance with this Agreement or any
applicable laws, regulations or codes of practice.
6.2 Users understand that their postings to
‘newsgroups’ or ‘public conferences’ on the Internet may benefit other
discussions occurring in other conferences on the Internet. In support
of GreenNet's effort to distribute applicable postings to as broad a
spectrum of people and organisations as possible, "Users",
by subscribing to the GreenNet under this agreement, grant to GreenNet
the right to reproduce and distribute any posting made to a public conference,
to another conference on the Internet, to a computer conferencing system
with which GreenNet has a contractual relationship (such as a member
of the Association for Progressive Communications - APC), or otherwise,
unless otherwise agreed in writing by GreenNet.
6.3 GreenNet uses all reasonable endeavours
to maintain a high quality of content in public spaces (conferences,
bulletin boards, websites). However we exercise no control over the
content of the information passing through the network and make no warranty
as to its quality, accuracy or freedom from viruses.
6.4 When you register a UK domain name with
GreenNet, you are bound by Nominet's terms and conditions. This is a
separate contract to that with GreenNet for the provision of your service.
Please read their terms and conditions before proceeding. By agreeing
to the GreenNet terms and conditions, you are also bound to Nominet's
Terms and Conditions.
6.5 GreenNet will not release a domain name
until all outstanding debts are cleared.
7. BILLING AND COLLECTION
7.1 PAYMENT FOR SERVICES
GreenNet charges for services on a monthly or annual
basis in advance. All Invoices (whether monthly or annual) are due for
payment within 28 days of the date of the invoices.
If Users are unable to
make a timely payment, they should notify GreenNet billing by email
phone (0207 713 1941, 0845 0554011 local call rate) or fax (0207 837
5551) at least 5 working days prior to the due date of the invoice.
If no payment or notification has been received
within 5 days after the due date, an e-mail will be sent or a phone
call requesting payment, within 5 working days. If no contact is made
in response, the account will be suspended on the date indicated in
the e-mail/ call. If after 30 days of the account being placed
in a "suspended shell" GreenNet has not received payment in full of
the outstanding debt, the User's account may be terminated. By suspending
or terminating the User's account, GreenNet does not cancel any part
of the User's debt and payment will be pursued until received.
7.2 Annual Invoices: Invoices are issued on the account
anniversary for services used one year in advance of the anniversary.
All annual payments are based on a discount of 12 months for the price
of 10 months on the condition that they are paid for within 28 days
of the date of the invoice. If payment is not received within 28 days,
or notification via email, fax or phone explaining why payment is delayed,
the full cost of 12 months will be charged.
Monthly Invoices: Invoices are issued on or
about the 20th of the month for services in that month. Users
are responsible for paying all fees and charges that they incur through
their use of GreenNet. Monthly charges, if any, are due whether or not
there has been on-line activity during the month, unless otherwise stated
or agreed upon.
7.3 New Accounts
Annual: All new accounts must send remittance before
the new service can be activated. All annual payments thereafter must
be paid within 28 days of the date of the invoice. If payment is not
received within 28 days of the date of the invoice, the full 12 month
rate will be charged, unless otherwise agreed.
Monthly: All new accounts being paid on a monthly basis
must send remittance for 3 months in advance before the service is activated.
If an invoice is required before payment is made please request this
from the billing department. Otherwise an invoice will be sent at the
end of the current month indicating the payment made.
7.4 GreenNet reserves the right to
change the amount of any fee or charge and will endeavour to provide
at least 30 days notice to Users, but it may not always be practical
or possible to do so. All changes will be posted in the GreenNet support
list ‘firstname.lastname@example.org’ .and e-mail notices will be sent to Users
in advance of such changes taking effect. You are responsible for reviewing
pricing information posted on-line or e-mailed to you to obtain notice
of such changes. Continued use of GreenNet after the effective date
of a notified change will constitute acceptance.
7.5 Account Closure and Refunds
Accounts remain open until the User notifies GreenNet,
in writing (email or hard copy), of the User's desire to close the account
(unless terminated earlier by GreenNet in accordance with the terms
of this Agreement). All accounts are closed effective from the end of
the month in which GreenNet receives such notification from the User.
If there are outstanding charges to be paid, GreenNet will send an invoice
which reflects these.
Annual: If the User closes the account, the refund
will be calculated based on charging for services at the full 12 months
rate i.e. not discounted.
This is for standard email and org accounts only. Web hosting only services
are 1 year contracts and no refund can be made.
Third Party Services:
When Users purchase services from GreenNet which are supplied to GreenNet
via a third party, no refunds can be made. This includes Secure Ledger
Services, Global Roaming Services and Domain Name Registration services.
8. USERS OBLIGATIONS
8.1 You may use the Service to link
to other networks world-wide. You agree to conform to the acceptable
use policy of such networks and will be solely responsible for the consequences
of any use of such Network.
8.2 You must keep your User name and
password secure and notify GreenNet immediately if the password becomes
known to any unauthorised user or if you suspect that there has been
unauthorised use of your password.
8.3 When an account is set up a password is
sent by post. Should this be lost the owner of that account needs to
send a fax signed, and on headed paper, with their request for the new
password. The new password will then be faxed, or posted back, as requested.
Passwords will not be given out over the phone for
8.4 GreenNet provides the services
described herein for personal use by Users. Users may not resell or
redistribute such services in whole or in part, or otherwise commercially
exploit the services, without the express written approval of GreenNet.
Users may not assign or transfer their subscription to any other person
8.5 Our primary purpose is not to
provide a commercial service. If we find that commercial activities
are taking place which detract from the quality and function of our
network, we reserve the right to curtail such usage. Under such circumstances,
the opportunity for dialogue and negotiation will always be provided.
8.6 GreenNet reserves the right to
exercise any of our rights as described in Clause 6 below if a website
on our server receives excessive traffic such that the Service to other
Users is endangered. GreenNet does not require Users to keep within
specified maximum traffic levels, but reserves the right to introduce
maximum traffic levels should this become necessary in the interests
of maintaining the quality of the overall Service.
8.7 GreenNet does not control the
messages, information or files that you upload. It is your responsibility
to ensure that you do not engage in any of the following illegal activities.
If GreenNet believes a User has engaged in activities which are illegal
or prohibited under this agreement, GreenNet may exercise any of the
rights set forth in Clause 6 below.
8.8 You must not knowingly use the
Service to transmit or receive information which is obscene, threatening,
menacing, offensive, defamatory, in breach of confidence or otherwise
8.9 You must not post material which
is in breach of copyright or any other Intellectual property rights.
If you wish to post material protected by any such rights it is your
responsibility to obtain the owners written permission.
8.10 While GreenNet promotes the free
flow of ideas among Users on the Internet, Users may not use the net
to harass other people. GreenNet understands that what constitutes harassment
may vary according to the individuals or groups involved and therefore
encourages Users to first notify the offending party of the harassment
before requesting that GreenNet intervene. Once notified about the offending
communication(s), and if appropriate, GreenNet may exercise any one
or all of the rights set forth in Clause 6.
agree that you will, when using the service, observe all applicable
Data Protection legislation. The UK Data Protection Act 1984 sets out
principles which must be complied with to ensure fair and lawful processing
of personal data. Similar legislation exists in all EU member states.
You should not transmit personal data (i.e. data that identifies another
individual) over the nets without their consent. (Further information
on Data Protection can be obtained by visiting the website of the office
of the Data Protection Registrar: www.open.gov.uk/dpr).
8.12 You will not knowingly or recklessly
post, upload or transfer by any means any transmission which contains
viruses or other code or defects which are likely to cause damage to
any User’s system or data or engage any other activity which is in breach
of the UK Computer Misuse Act 1990. The UK Computer Misuse Act 1990
prohibits activities such as hacking and intentional transmission of
viruses which are criminal offences under the Act.
8.13 You may not use the net to engage
in activity which is in breach of any applicable national or international
9. SUSPENSION OR TERMINATION OF SERVICE
9.1 In the event of a User engaging
in any activities which are in breach of this Agreement (including,
but not limited to, failing to pay Service charges in a timely manner
or engaging in illegal activities) GreenNet may, at its sole discretion,
and without prejudice to any other legal rights or remedies which it
may have (in any order), take any one of the following actions. However,
prior to taking action, GreenNet will notify the User by e-mail or other
means that the User appears to be engaged in prohibited activity. The
User will then have 5 calendar days to show cause why GreenNet should
not take further action, including:
9.1.1 The deletion of an offending
9.1.2 Prevention or "blocking" the
User from posting messages to a particular area, or to a particular
User, on the network.
9.2 Place the User’s account in a
"suspended shell" (i.e.- restrict access to the network, but maintain
the User's files and mailbox for a designated period of time.)
9.3 Terminate the User's account.
Termination of a User's account will not prejudice GreenNet's legal
or equitable remedies in collecting such debt.
10. LIMITATION OF LIABILITY AND INDEMNITY
10.1 GreenNet shall provide the services
as described at Clause 3 above in accordance with the limited warranties
given in Clause 3. Save as expressly set out in this Agreement all conditions
or warranties which may be implied or incorporated into this Agreement
by law or otherwise are hereby expressly excluded to the extent permitted
10.2 The liability of GreenNet (if
any) in contact, tort, negligence or otherwise arising out of or in
connection with this Agreement, in respect of all defaults related or
unrelated, occurring in any one year will not exceed in aggregate the
charges received by GreenNet from the User during that year.
10.3 In no event will GreenNet be
liable for any indirect or consequential loss or damage of any kind
(including without limitation loss of profits, business interruptions,
or loss, corruption or misdelivery of data) however caused and whether
arising under contract, tort (including negligence) or otherwise.
10.4 The User agrees to indemnify
GreenNet against any claims brought by a third party resulting from
the User’s use of the Service and in respect of any losses or liabilities
incurred directly by GreenNet as a result of your breach or non-observance
of any of these terms and conditions.
10.5 The User shall defend and pay
all costs, damages, awards, fees (including any reasonable legal fees)
and judgements awarded against GreenNet arising from any such claims
and shall provide GreenNet with notice of such claims, full authority
to defend, compromise or settle such claims and reasonable assistance
necessary to defend such claims, at the User's sole expense.
10.6 The User agrees that GreenNet's
network vendor(s) shall be third-party beneficiaries of the above provisions
of this agreement.
10.7 The provisions of Clause 7 shall
survive any termination of this Agreement.
11.1 GreenNet reserves the right to
vary these terms and conditions from time to time. Notice of changes
shall be posted in advance in the GreenNet electronic newslist – ‘greennet-l’
and/or by e-mail. Continued use of GreenNet for a period exceeding 30
days after receipt of notification will constitute acceptance.
In the event that a User does not wish to continue
the Service based on such a modification and so notifies GreenNet, GreenNet
will terminate the User's account and refund the unused pro rata portion
of any prepaid fees or charges for the current month.
11.2 The terms and conditions contained
in this Agreement constitute the entire agreement between GreenNet and
its Users and supersede all other communications.
11.3 The User acknowledges that they
have read and accept the terms of this Agreement. Use of the Service
shall be deemed as acceptance of the terms of this User Agreement.
11.4 This Agreement shall be governed
by and construed in accordance with the laws of England and Wales and
the User hereby submits to the exclusive jurisdiction of the courts
of England and Wales.