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TERMS AND CONDITIONS OF USE

1. Website Operator

1.1 This website and the Service (defined below) are operated by Square Mile International Limited, a company registered in England registered under number 4580183 and whose registered address is 4 West End Close, Launton, Oxon OX26 5EB ("Square Mile", "Us" or "We").

2. Terms

2.1 The following terms and conditions together with the Acceptable Use Policy and the privacy policy (below) ("Terms") govern Your use of the website and the wireless local access network services (together "the Service").

2.2 Your use of the Service indicates your acceptance of these Terms. If you do not agree to Our Terms, do not use the Service.

2.3 We reserve the right, at our discretion, to modify, change, add to or remove any of the Terms at any time. Your continued use of the Service following the updating of the Terms shall mean you accept those changes.

3. Licence

3.1 Square Mile grants you a non-exclusive licence to use the Service upon the Terms.

3.2 Square Mile may terminate this licence at any time if you are in breach of any of the Terms.

4. Materials in this website

4.1 This website contains material which is owned by or licensed to Square Mile. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.

4.2 All trademarks reproduced in this website, which are not the property of, or licensed to Square Mile, are acknowledged on the website.

4.3 You may view, use, download and store the material on this website for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties is prohibited.

4.4 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

5. Accuracy of Information

5.1 The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. Square Mile is not responsible for any inaccuracies and makes no representation and gives no warranty as to its accuracy.

5.2 The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.

6. Linking

6.1 This website may contain links to other websites. Square Mile accepts no responsibility or liability for the content of other websites that are not under the strict control of Square Mile. Any link is not intended to be, nor should be construed as, an endorsement of any kind by Square Mile of that other website.

6.2 You may not create a link to this website from another website or document.

7. The Service

7.1 The Service

7.1.1 The Service is a wireless data service using radio frequency to access a site location. Fixed line connections from this website connect You to Square Mile network and subsequently to the Internet, or if applicable to Your airtime service provider.

7.1.2 When You are located within the radio frequency coverage area of a location, You may connect to the Service using Your computer equipment. The Service is dependent on the suitability of Your computer equipment.

7.1.3 Square Mile offers the Service for activities such as the active use of e-mail, instant messaging, browsing the World Wide Web and accessing corporate intranets.

7.1.4 Customer Service is available in the United Kingdom at admin@squaremileinternational.com by phone at 0906 7800440, and through services described on our Website: www.squaremileinternational.com

7.2 Square Mile's Obligations and Rights:

7.2.1 Square Mile is committed to providing uninterrupted access to our Service. Square Mile always will try to accomplish routine maintenance outside of regular business hours, and will, whenever possible, provide advance notice of maintenance or other suspension of the Service on our Website: www.squaremileinternational.com. We must, however, reserve the right to modify or temporarily suspend the Service or any part of it without notice to You for emergency technical repair.

7.2.2 Any security that You have in Your dealings on the Internet or Your corporate intranet is maintained by You when You use the Service. Square Mile provides no more or less security than You already have, because we provide access and do not interfere with content. For that reason, we cannot be, and are not responsible for the security of the information which, includes without limitation, data You transmit on the Service. Nor may Square Mile be responsible for the accuracy, completeness or timeliness of any information obtained through the Service from the Internet.

7.3 User's Obligations and Rights

7.3.1 You are responsible at Your own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless LAN (IEEE 802.11b) and associated software and configurations for use with the Service.

7.3.2 The password and username are issued to You personally and You are responsible at all times for its safe keeping and

7.3.2.1 maintaining the confidentiality of the username and password, and

7.3.2.2 all activities that occur under Your username and password.

7.3.3 You will be liable for all losses, damages, costs and expenses, direct or indirect, however incurred, suffered by Square Mile due to the loss, misuse and/or disclosure of Your username and password whether such use was with or without your consent.

7.3.4 If it comes to the attention of Square Mile you have given others access to your username or password, Square Mile reserves the right to terminate your right to receive the Service immediately.

7.4 You must not use the Service:

7.4.1 to make high volume data transfers, especially sustained high volume data transfers;

7.4.2 to host a web server or any other server;

7.4.3 to access someone else's account;

7.4.4 to send unsolicited bulk e-mail;

7.4.5 to collect other people's personal data without their knowledge;

7.4.6 to interfere with other network users;

7.4.7 for any illegal purpose.

7.5 Square Mile reserves the right to suspend the Service if:

7.5.1 Square Mile reasonably believes that Your use of the Service is unreasonably excessive (i.e., in excess of one gigabyte per month/average network throughput cannot be in excess of 40 megabytes per hour ); or

7.5.2 Square Mile reasonably believes that You are using the Service for criminal or illegal activities.

7.6 Square Mile reserves the right to suspend the Service if You are in breach of these Terms.

7.7 You do not have the right to resell this Service to a third party.

8. Liability

Consumer

8.1 Square Mile does not guarantee that use of this Service will be compatible with all hardware and software which may be used by You.

8.2 You understand and agree that prior to your use of the Services, it is your responsibility to make sure that your computer system has been completely backed up. Square Mile is not responsible for loss of computer programme data or information.

8.3 IN THE EVENT THAT YOU USE THE SERVICES IN THE COURSE OF YOURS OR ANOTHER PERSON'S BUSINESS PURPOSES AND EXCEPT AS SET OUT IN CLAUSE 8.3:

8.3.1 SQUARE MILE WILL BE UNDER NO LIABILITY TO YOU WHATSOEVER WHETHER IN CONTRACT, TORT, (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE FOR ANY INJURY, DEATH, DAMAGE OR, INDIRECT OR CONSEQUENTIAL LOSS (ALL THREE OF WHICH TERMS INCLUDE, WITHOUT LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL AND LIKE LOSS) HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR RELYING ON ANY INFORMATION OR OTHER MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY COMPUTER VIRUS; AND

8.3.2 IF SQUARE MILE IS FOUND TO BE LIABLE TO YOU, SQUARE MILE'S LIABILITY SHALL BE LIMITED TO DIRECT LOSS AND IN THE AMOUNT YOU PAID FOR THE SERVICES GIVING RISE TO THE CLAIM.

8.4 The Terms do not exclude Square Mile's liability (if any) to you for personal injury or death resulting from Square Mile's negligence, for fraud or for any matter which it would be illegal for Square Mile to exclude or to attempt to exclude its liability.

8.5 Square Mile shall not be liable to You if You cannot use the Service because:

8.5.1 there is a general power outage at the location You are accessing;

8.5.2 the location is undergoing maintenance as previously scheduled and noticed on our website; or

8.5.3 the Service has been suspended or interrupted because of a reason outside of Square Mile's reasonable control.

8.6 If, however, the Service is not available for reasons other than those listed in 8.4 above at any time or for any period of time due to any failure of Square Mile, please contact Customer Service.

8.7 Square Mile does not give or assume any warranty, condition, undertaking or term, whether statutory, express or implied as to condition, satisfactory quality, performance, durability, fitness for purpose or otherwise of the Service and all such terms and warranties are hereby excluded to the fullest extent permitted by law

8.8 You shall indemnify Us, keep Us indemnified and hold Us harmless from and against any loss, damage, claims, liabilities, costs and proceedings that We may incur or suffer arising out of or in connection with your use of the Service.

9. Privacy

9.1 Square Mile's privacy policy can be seen below. This privacy policy forms part of these Terms.

10. Square Mile Subscription Agreements

10.1a  For the period April 1 2006 to 31 March 2007 all subscription agreements will be deemed to run for 12 months

10.1b Pay-as-You-Go - this package allows for no monthly payment or commitment and billing at a rate of £0.20 incl. VAT.

10.2 £5.00 per month - this package allows for 100 minutes of use at any Square Mile location.  After the 100 minutes have been used, each minute thereafter will be charged at £0.20 per minutes

10.3 £10.00 per month - this package allows for unlimited use at any Square Mile location. This will also allow access to 10,000+ hotspots not operated by Square Mile at a rate of £0.15 per minute.

10.8 All prices include VAT at the current rate of 17.5%.

10.9 All packages are 12 month agreements.

11.  Early termination on Subscriptions

11.1  Subscriptions terminated before the 12 months expire are at the discretion of Square Mile.  Early termination is charged at £100 + vat per user account to cover cancellation administrative costs and subsidised startup costs.  Users may cancel ther subscrption in wiriting with 30 days notice.

This does not affect your statutory rights.

12. Complete Agreement

These Terms (including the privacy policy referred to in clause 9) contain all the terms which You and Square Mile have agreed in relation to the use of the Service.

13. Jurisdiction and acceptance of these terms and conditions

13.1 This website is controlled and operated by Square Mile from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms or any dispute in relation to the materials contained in this website shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms.

Usage Policy

When using the Service you agree to the following policy.

This policy is intended to improve the use of the Service by preventing unacceptable uses. We do not actively monitor your use of the Service. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Service provided. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Square Mile to liability or may breach this policy.

Square Mile may co-operate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Breach of this policy may result in the suspension or termination of either access to the Service or other actions as detailed below.

The following, without limitation, constitutes examples of breaches of this policy.

Your use of the Service to:

1. transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, defamatory, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

2. harm, or attempt to harm, minors in any way;

3. transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);

4. transmit any material (by uploading, posting, email or otherwise) that infringes any intellectual property right or other proprietary rights of any party;

5. transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

If you are aware that a person is in breach of this policy, we should be grateful if you would email Square Mile at admin@squaremileinternational.com with the date, time and venue of such breach (and any other information that you think would be useful).

Square Mile may take any one or more of the following actions, or other actions not listed, at Square Mile's sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend your account; (3) terminate your account; (4) bill you or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (5) commence legal proceedings against you.

Privacy Policy

Please read our Privacy Policy carefully before using this website ("our website") and the Service. In these conditions "we", "us" and "our" means Square Mile and "you" means the individual using our website.

This Privacy Policy sets out how we comply with European Union data protection requirements. This applies to the entire website.

We are committed to respecting your privacy. Once you choose to provide us with any information by which you can be identified, then you can be assured that it will only be used in accordance with this Privacy Policy.

For your protection, we are registered under the Data Protection Act 1998 and have given all appropriate notifications to the Information Commissioner.

How do we collect information about you?

We may collect personal information from you when you register to use the services provided on our website.

What information do we collect?

We may collect the following information:-

Your name; email address; organisation name; phone number; technical details on your computer or access device; time and date of access; location of access; views and comments about the Service.

What do we do with the information we gather?

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.

We may use the information to improve our products and services.

We may use the information to manage the security of our services.

Our representatives may follow up, by e-mail, or mail, to people as part of our customer care procedures.

We may periodically send promotional e-mail about new products, special offers or other information which we think you may find interesting using the e-mail address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by e-mail, or mail, unless you have registered with the appropriate Preference Service.

If you don't want us to tell you about certain products and services or wish to cease receiving e-mail updates, then please email us at admin@squaremileinternational.com

What if you think we have incorrect information or you would like a copy of the information we hold about you?

We will provide a summary of any personal information held about you upon request. A small fee will be payable. This fee will not exceed £10. This information will only be sent to the e-mail address on file for the username name associated with it. To obtain an information summary please e-mail us at admin@squaremileinternational.com

If you believe that any information we are holding on you is incorrect or incomplete, please e-mail us as soon as possible at admin@squaremileinternational.com. We will correct any information which is found to be incorrect promptly.

Who We Share The Information With And Your Choices

When you use this website and the Service and have not advised us to the contrary, you are agreeing that we may use your personal information for the purposes set out in this statement.

This process may include sending personal information outside of the European Economic Area and, if necessary, across international borders. The data protection laws in these countries may not be as extensive as in the European Economic Area. However, we have taken appropriate steps to ensure the same level of protection for the processing carried out in these countries as within the European Economic Area.

When you provide any information on line, you should look for the address which you can email to say that you do not want the information to be used by anyone for direct marketing purposes. If you have not previously objected to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or e-mailing us at:

Data Protection Compliance Officer
Square Mile International Ltd
Regency House
Mere Park
Dedmere Road
Marlow Bucks
SL7 1FJ

admin@squaremileinternational.com

Other Websites

Our website may contain links to enable you to visit other web sites of interest easily. We do not have any control over that other web site. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites and such websites are not governed by this Privacy Policy. You should exercise caution and look at the privacy statement or policy applicable to the web site in question.

How We Use Cookies

A cookie is a piece of text which asks permission to be placed on your computer's hard drive. Once you agree, your browser adds that text in a small file. A cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. For example, when you visit an electronic store, a cookie makes it easier to shop, by allowing you to place things into a shopping basket; the basket itself is not the cookie, the cookie is placed on your hard drive and keeps track of your basket versus others in use at the same time.

We may use traffic log cookies to identify which pages are being used and to record your preferences in using the Service. This helps us analyse data about web page traffic and improve our web site in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Denial of a traffic log cookie should not prevent you from using one of these sites.

Overall, cookies help us provide you with a better web site, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. This practice is strictly in force. We know that people have concerns about cookies, but we believe that the benefit we both gain from their proper use is worthwhile. You may set your web browser (Microsoft internet explorer or Netscape navigator) to notify you of cookie placement requests or decline cookies completely. You can delete the files that contain cookies - those files are stored as part of your internet browser.



 

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