Terms & Conditions

Last revised: January 2006

Terms and Conditions: theopenworld.com mail packages in General

These terms apply if you use theopenworld.com's network (via Freeola).

1. Freeola.com may provide you with software to enable you to access and use the theopenworld.com's Services subject to the terms of this Agreement. You are granted a non-exclusive, non-transferable licence to use such software for purposes stipulated within condition of use of that software. You will use all reasonable endeavours to protect and keep confidential such software, and shall not attempt to examine copy, alter, reverse engineer, de-compile, or tamper with such software except to the extent specifically permitted by statute.

2. Your dealings with theopenworld.com's and interest in promotions, services, or merchants found on or via the theopenworld.com's Services are unless explicitly stated solely between you and the person or company with whom you are dealing and accordingly theopenworld.com's accepts no liability in this regard. theopenworld.com's does not endorse any products advertised.

3. theopenworld.com's will then be obtaining and using personal information from you comply with the provisions of the applicable United Kingdom data protection legislation from time to time in force. You agree that theopenworld.com's will not use your personal information for the any purposes unless notified to you. The e-mail addresses and addresses supplied to you by theopenworld.com's will be used to communicate with you and such communications may carry advertising especially from other entities on the Internet. If at anytime you receive unsolicited e-mail, theopenworld.com's can only remind you (the user) that your e-mail address is kept as private as possible. If (for example) you where to pass on your e-mail address to a website and it returns e-mail advertising (SPAM), we cannot be held responsible for its content or volume. Your details are not only theopenworld.com's responsibly, but also yours (the user) to keep safe and we remind all users to be cautious when displaying / entering your e-mail address on the Internet.

4. You shall not use the Freeola / theopenworld.com's Services to publish, link to, post, or otherwise transmit:

4.1. Any material that is defamatory, pornographic, obscene, indecent, abusive, offensive, menacing or which may incite violence, cruelty, or racial hatred, or which is in any other way unlawful;

4.2. Any material that infringes the copyright, trademark, or other intellectual property rights of any party;

4.3. Unsolicited promotional e-mail or other bulk e-mail (spam);

4.4. Computer viruses, Trojan Horses, worms, or other destructive or contaminating code or program or any information that advises any other party how to do such acts;

4.5. Streaming data, downloads or web pages accessible to the public or any matter that is likely to create a heavy load upon the systems or bandwidth of Freeola.com, or theopenworld.com.

4.6. Anything illegal will be recorded and sent to the appropriate authorities for further investigation.

5. Freeola.com / theopenworld.com's may at any time without notification or notice to you remove from any server used or operated by Freeola.com / theopenworld.com's in the provision of the Freeola / theopenworld.com's offer any information including any messages posted or transmitted by you in breach of the provisions of this Agreement. Decisions on such matters will be entirely at the discretion of Freeola.com / theopenworld.com's and the material removed will be destroyed or disabled.

6. You shall not invade the privacy of other users of the Freeola / theopenworld.com's Services or the Internet in general and you shall when using the Freeola / theopenworld.com's Services comply with any applicable data protection legislation currently in force.

7. You are fully responsible for maintaining the confidentiality of your login name and password assigned to you on registration and for all activities that occur under your password or account. If you suspect any unauthorised use then you should change your password by contacting us.

8. Freeola.com / theopenworld.com's does not guarantee continuous or uninterrupted use of any of the Freeola / theopenworld.com's Services, especially where Freeola.com / theopenworld.com's finds it necessary to carry out routine maintenance, repairs, reconfigurations or upgrades or where there are circumstances beyond its control. Freeola.com / theopenworld.com's cannot and will not be liable to you for any failure of or interruptions to the e-mail services made available to you (the user). You are also responsible for backing up any information or other data posted or transmitted by you via the Freeola / theopenworld.com's Services. Freeola.com / theopenworld.com's will not be liable for any loss or corruption of such information or data including the loss of incoming or outgoing message data or information in any form without exception. Please make a back-up copy.

9. Freeola.com / theopenworld.com's will not be liable for the content or effect of any program, item, material, information or data which may be received via any Freeola.com / theopenworld.com's service or associated service including software viruses.

10. Freeola.com / theopenworld.com's gives no warranties, conditions or representations, express or implied, statutory or otherwise in relation to the Freeola / theopenworld.com's Services. It is your responsibility to ensure that the software used by you is suitable and complies with all Internet standard protocols and the entire risk as to the performance and results of such software is assumed by you. If you are dealing as a consumer, nothing in this agreement affects your statutory rights.

11. Freeola.com / theopenworld.com's does not exclude or limit its liability in negligence for death or personal injury, or for fraud, or otherwise insofar as any exclusion or limitation of its liability is void, prohibited or otherwise unenforceable by law. Subject to this, Freeola.com / theopenworld.com's is not liable and will not be liable under any circumstances for any loss or damages which result or may result from your use of the Freeola / theopenworld.com's Services (included but not limited to corruption or loss of data, defects or delays in transmission or any failure or unavailability of the Freeola Services) or for any reliance on or use of information, services purchased on or through the Freeola / theopenworld.com's Services. theopenworld.com is also not liable to you for any act or omission of any other entity furnishing products or services that are required by you to use the Freeola / theopenworld.com's Services.

12. You undertake to fully indemnify and keep indemnified at all times Freeola.com / theopenworld.com's against all costs, claims and expenses suffered by Freeola.com / theopenworld.com's as a result of your breach of the terms of this agreement or of any law, regulation or code of practice relating to the Freeola / theopenworld.com's Services.

13. If any of the provisions of this agreement are found by any court to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Failure or neglect by Freeola.com / theopenworld.com's to enforce at any time any of the provisions of this agreement shall not be deemed a waiver of Freeola.com's / theopenworld.com's rights hereunder nor prejudice Freeola.com's / theopenworld.com's rights to take any subsequent action.

14. These conditions may be amended at any time, and without prior notice. Amendments will be posted at the theopenworld.com's homepage at www.theopenworld.com and will apply from the date of posting in respect of any use of the theopenworld.com's Services thereafter.

15. These conditions shall be governed by and construed in accordance with English Law. You, Freeola.com and theopenworld.com's hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts for the purpose of hearing and determining any dispute arising out of this agreement and for the purpose of enforcement of any judgement.

16. You may terminate your use of a theopenworld.com's E-mail Package subject to the relevant rules of that package. If your 31 day free trail is terminated within the correct period of time, you will not be charged for the subscription cost. However, you cannot cancel your subscription and then reapply. This is against theopenworld.com's rules and by breaking the, is in effect breaking these terms and conditions. If you do wish to reapply you must notify admin@theopenworld.com of your wish to reapply and pay one years annual subscription period in advance without the free trial recurring for the second time or more. Regardless of whether or not you choose to have the same e-mail address.

17. Upon termination of your use of a theopenworld.com's Internet / E-mail Package (however caused) theopenworld.com's will remove from any server used or operated by it in the provision of the Freeola service all information and data posted by you and will deny you access to the Freeola / theopenworld.com's Internet / E-mail Package.