TERMS & CONDITIONS OF USE

TERMS AND CONDITIONS FOR USE OF
NEIGHBOURHOODSERVICES.COM'S FREE & FEE BASED COMMUNITY WEBSITE FACILITIES

In these Terms and Conditions the following terms shall have the following meanings:-

1. Definitions:

2. Services provided by NeighbourhoodServices.com

1. NeighbourhoodServices.com permits each participating organisation to have access to one website within the NeighbourhoodServices.com Website. NeighbourhoodServices.com will provide to the participating organisation, the use of web space and services which NeighbourhoodServices.com in its absolute discretion, deems necessary to enable that participating organisation, to use it’s website to it’s fullest potential, regardless of whether the website has been provided free or is part of our fee based structures.
2. All NeighbourhoodServices.com services can be used by the participating organisation only for the purpose of maintaining a Member Site. All NeighbourhoodServices.com services and information remains the sole property of NeighbourhoodServices.com at all times and the participating organisation shall obtain no rights to it or to use it except as expressly set out herein. Upon removal of a Member Site from the NeighbourhoodServices.com Website for any reason, the participating organisation will return all NeighbourhoodServices.com copyright protected information to NeighbourhoodServices.com, and shall not keep, transfer, sell, or give away any copies of any such information whatsoever. Unless previously agreed with NeighbourhoodServices.com, all free and /or fee based websites to be removed from our services will be subject to a termination fee applicable at that time (please email us for further details).
3. The participating organisation shall not provide or disclose the NeighbourhoodServices.com copyright protected information to any third party or permit any third party to use the NeighbourhoodServices.com information.
4. NeighbourhoodServices.com permits each participating client to have access to the NeighbourhoodServices.com Online Neighbourhood Network.
5. NeighbourhoodServices.com will provide free (or  for the fee payable at that time if applicable), the use of web space and services which NeighbourhoodServices.com in its absolute discretion deems necessary to enable the client to use its website to its fullest potential.
6. All payments (ie - monthly, bi-monthly, annual payments made by standing order, direct debit, cheque, cash or any other form of payment) made to NeighbourhoodServices.com regarding our fee based web site services relate to provision of access to The Online Neighbourhood Network and are NOT payment towards any form of eventual ownership of the website concerned. (Please refer to paragraph 6.V below).

3. Participating organisation's obligations

1. Each participating organisation shall:-
   1. receive a website relating to its organisation or group as part of the NeighbourhoodServices.com Free Website facility, as soon as reasonably practicable after becoming a participating organisation;
   2. request an update to its Member Site not less frequently than every four weeks (apart from instances that NeighbourhoodServices.com deems exceptional);
   3. follow any guidelines which NeighbourhoodServices.com provides to it in relation to the content of its Member Site;
   4. obtain NeighbourhoodServices.com's prior written approval to any terms and conditions which it intends to use at the Member Site;
   5. inform NeighbourhoodServices.com of any complaint it receives about its Member Site;
   6. not (unless prior agreement has been reached with NeighbourhoodServices.com) use its Member Site for the purposes of advertising, promoting, selling or supplying any goods or services or otherwise for commercial purposes (except those specifically mentioned elsewhere in this Terms & Conditions of Use policy);
   7. not permit any third parties to use the Member Site in any way which breaches Conditions 3.I.v. & 3.1.vi.
   8. not insert any links on the Member Site to any sites which NeighbourhoodServices.com reasonably believes are inappropriate or may compete with the NeighbourhoodServices.com Website;
   9. not disclose to any third party any password, or any other security devices or mechanisms provided to it by NeighbourhoodServices.com in relation to its Member Site or otherwise knowingly do anything which would enable a third party to alter, add to or delete a Member Site (or any part of the NeighbourhoodServices.com website) without the prior written consent of NeighbourhoodServices.com;
   10. if (in time) it runs a bulletin/discussion board on its Member Site, impose such conditions of use on the bulletin/discussion board as NeighbourhoodServices.com may request and make such amendments to such conditions as NeighbourhoodServices.com may request from time to time.
2. The participating organisation acknowledges that NeighbourhoodServices.com has access to the Member Site and shall be entitled to place on the Member Site advertisements (in the form of Internet links, images and text) for commercial clients of NeighbourhoodServices.com. The participating organisation agrees that its Member Site shall not contain any advertisements other than the said advertisements as referred to in this Condition.
3. The participating organisation hereby grants to NeighbourhoodServices.com a non-exclusive, worldwide, royalty free licence to copy, distribute, publish and use (in paper form, electronically or otherwise) and for that purpose to reformat, the material forming part of the Member Site on the Internet, on any website or other publication published by NeighbourhoodServices.com or any of its partner companies and/or any future parent company. In connection therewith, the participating organisation hereby grants to NeighbourhoodServices.com a non-exclusive, worldwide, royalty free licence to use its trade marks, trade names and logos in connection with such copying, distribution, publication and use of the said material.
4. The participating organisation acknowledges that it will not acquire any rights to copyright, trade marks, trade names or other intellectual property rights owned or used by NeighbourhoodServices.com or its group companies except as expressly set out herein.
5. The participating organisation (or any representative of the participating organisation) shall not download, copy, print, photocopy or otherwise duplicate any information contained within its own (or other) website(s), without the prior consent of NeighbourhoodServices.com.

4. Cancellation by participating organisation or WebFolio client

1. If the participating organisation or WebFolio client no longer wishes to use its Member Site (or WebFolio facility), it/they shall give NeighbourhoodServices.com not less than 1 week's prior written notice. At the expiry of the said notice, NeighbourhoodServices.com shall remove the said Member Site/WebFolio from the NeighbourhoodServices.com Website. This shall not affect the participating organisation's obligations under Condition 6.

5. Rights of NeighbourhoodServices.com

1. NeighbourhoodServices.com retains the right, in its sole discretion, to refuse to allow any party access to a free Member Site.
2. NeighbourhoodServices.com, may, in its sole discretion, at any time, without liability to the participating organisation, delete any Member Site or WebFolio from the NeighbourhoodServices.com Website, prevent access to a Member Site or WebFolio or make any amendments or additions to the material contained on a Member Site or WebFolio, Such action, shall be without prejudice to the participating organisation's (or client's) obligations under Condition 6.

3. NEIGHBOURHOODSERVICES.COM reserves complete and sole discretion with respect to the operation of NEIGHBOURHOODSERVICES.COM, and the participating organisation (or client) hereby agrees that NEIGHBOURHOODSERVICES.COM may use any and all promotional materials available throughout the NEIGHBOURHOODSERVICES.COM website for any form of marketing it deems appropriate, without any form of recourse to NEIGHBOURHOODSERVICES.COM. This applies to any and all materials included on the Member Site or WebFolio NEIGHBOURHOODSERVICES.COM web pages. Notwithstanding any termination of this agreement, NEIGHBOURHOODSERVICES.COM retains complete and sole worldwide intellectual (and all other) copyrights to all digital, textual, audio, video and any other forms of information included within any website, WebFolio and/or advertisement, banner, display, photograph or text, whether static or in the form of hyperlinks that have been designed, developed, maintained and hosted by NEIGHBOURHOODSERVICES.COM, excluding such information that has been supplied by the participating organisation or client and is under the participating organisationclient (or other party) copyright. Such copyright will remain in force following termination and is applicable to information throughout the whole of the NEIGHBOURHOODSERVICES.COM website in it's entirety.

4. NeighbourhoodServices.com retains the right to review any or all of the terms outlined in this document at any time. This extends to all financial structures relating to any of the commercially based services provided by NeighbourhoodServices.com and/or any of the other website services provided by NeighbourhoodServices.com.
5. NeighbourhoodServices.com, may, in its sole discretion, at any time, without liability to the participating organisation, delete any party from any of the NeighbourhoodServices e-mail 'opt-in' subscriber database.

6. Contents of Member Site or WebFolio

1. The participating organisation or WebFolio client undertakes and warrants to NeighbourhoodServices.com that:-
   1. it either owns the copyright in the content of its Member Site or WebFolio or else has the right to use the content of its Member Site or WebFolio ;
   2. the content of its Member Site or WebFolio does not and will not consist of any material which, or the accessing of which, is offensive, pornographic, unlawful, defamatory or obscene in any part of the world;
   3. the content of its Member Site or WebFolio does not and will not contain any material which infringes any copyright or other intellectual property rights or rights to confidential information belonging to third parties or any other third party rights whatsoever;
   4. the content of its Member Site or WebFolio does and will comply with all applicable law and regulations; and
   5. the content of its Member Site or WebFolio is and will be accurate and not misleading.
2. When, in the event of a participating organisation or client operating its Member Site or WebFolio and any bulletin board forming part thereof, the participating organisation shall comply with its obligations under the Data Protection Acts 1984 and 1998 and other similar statutory provisions enforceable from time to time in other parts of the world.
3. To the extent that the participating organisation or client is in breach of any warranties set out in Condition 6.I or the said warranties are not true or accurate or the participating organisation or client is otherwise in breach of these Conditions, the participating organisation or client shall indemnify (and keep indemnified) NeighbourhoodServices.com and its group companies against all losses, expenses, damages and claims that may arise as a result.
4. The participating organisation or client undertakes to indemnify (and keep indemnified) NeighbourhoodServices.com against any losses, expenses, damages and claims which it may incur as a result of any use of the Member Site or WebFolio by the participating organisation or client.
5. the participating organisation or client accepts and acknowledges that (notwithstanding existing copyright protected content used on each website) all websites (and information contained therein) designed by NeighbourhoodServices.com remain the sole copyright of NeighbourhoodServices.com, unless and until a mutual agreement has been reached between the participating organisation and NeighbourhoodServices.com regarding transferral of ownership of any data/information/images in any form whatsoever from the NeighbourhoodSevices.com website, at which time the termination fee applicable at that time will be payable to NeighbourhoodServices.com prior to the transferral of any information from the NeighbourhoodServices.com Website.

7. Exclusion of Warranties and Liability

1. THE FREE WEBSITE SERVICES PROVIDED TO THE PARTICIPATING ORGANISATION BY NEIGHBOURHOODSERVICES.COM HEREUNDER ARE PROVIDED COMPLETELY FREE OF CHARGE. NEIGHBOURHOODSERVICES.COM DOES NOT GIVE ANY WARRANTY AND MAKES NO REPRESENTATIONS ABOUT THE SERVICES PROVIDED HEREUNDER. IN PARTICULAR, WITHOUT LIMITATION, NEIGHBOURHOODSERVICES.COM GIVES NO WARRANTIES AND MAKES NO REPRESENTATIONS RELATING TO THE AVAILABILITY OF THE NEIGHBOURHOODSERVICES.COM WEBSITE OR THE MEMBER SITE OR AS TO ANY NEIGHBOURHOODSERVICES.COM SOFTWARE OR IN RESPECT OF ANY SECURITY BREACHES WHICH MAY OCCUR AT THE NEIGHBOURHOODSERVICES.COM WEBSITE OR THE MEMBER SITE. ALL WARRANTIES, REPRESENTATIONS AND TERMS WHICH MAY OTHERWISE HAVE BEEN IMPLIED INTO THIS AGREEMENT BY LAW OR OTHERWISE ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
2. NEIGHBOURHOODSERVICES.COM SHALL NOT BE LIABLE TO THE PARTICIPATING ORGANISATION IN ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR FOR ECONOMIC LOSS, INCLUDING LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, HOWSOEVER ARISING AND WHETHER CLAIMED UNDER CONTRACT, TORT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT SUCH LOSS IS REASONABLY FORESEEABLE OR MADE KNOWN BY THE PARTICIPATING ORGANISATION TO NEIGHBOURHOODSERVICES.COM.
3. FOR THE AVOIDANCE OF DOUBT, NEIGHBOURHOODSERVICES.COM SHALL HAVE NO LIABILITY TO THE PARTICIPATING ORGANISATION WHATSOEVER RESULTING FROM THE PARTICIPATING ORGANISATION'S USE OR ATTEMPTED USE OF THE MEMBER SITE OR THE NEIGHBOURHOODSERVICES.COM SERVICES, SOFTWARE OR ANY SUCH USE BY THIRD PARTIES.
4. NOTHING IN THIS CLAUSE SEEKS TO LIMIT NEIGHBOURHOODSERVICES.COM'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE FOR WHICH LIABILITY WILL BE UNLIMITED.

8. Personal Information/Data Protection

1. All information of whatever nature provided to NeighbourhoodServices.com by the participating organisation or client will be stored on computer. Each participating organisation or client consents to NeighbourhoodServices.com using such information for marketing purposes, including making the participating organisation or client aware of products/services which, in the opinion of NeighbourhoodServices.com, it may find of interest. NeighbourhoodServices.com may pass all said information to any future parent company, whether such companies are based in the UK or elsewhere. The participating organisation or client agrees to such use of the said information by becoming a participating organisation or client. If at any time thereafter the participating organisation or client objects to such use of that information or wishes to terminate such use of such information, it must inform NeighbourhoodServices.com in writing. Unless notified of changes in these terms and conditions of use, all correspondence for NeighbourhoodServices.com is to be sent to NeighbourhoodServices.com, 48, Park Lane, Bootle, Merseyside, L20 6DN.  All information provided by participating members or clients may be retained by NeighbourhoodServices.com and any future parent companies and so used for up to six months after the Member Site or WebFolio is removed from the NeighbourhoodServices.com Website.

9. General

1. NeighbourhoodServices.com shall not be required to provide any services hereunder to the extent and for so long as it is prevented from doing so by any circumstances beyond its reasonable control (which shall include, without limitation, the unavailability of access to the internet, failure of third party software, systems, equipment or networks and failure of third party suppliers and subcontractors).
2. These Conditions may be amended from time to time by NeighbourhoodServices.com by means of e-mail notice. The participating organisation or client shall be bound by such amended Conditions unless it sends NeighbourhoodServices.com a cancellation notice pursuant to Condition 4.
3. No other terms and conditions, other than these Conditions, apply to use of the NeighbourhoodServices.com Website.
4. NeighbourhoodServices.com reserves the right to assign its rights under these Conditions to any member of the NeighbourhoodServices.com group of companies.
5. A participating organisation or client may not assign, charge, sub-licence, sub-contract or otherwise deal with all or any of its rights or obligations under these Conditions in whole or in part, without the prior written consent of NeighbourhoodServices.com.
6. These Conditions will be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over all matters arising pursuant hereto.

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