ACCEPTABLE USE

PRIVACY POLICY

PRICES and REFUNDS

INTRODUCTION

For the Internet to operate in a manner that satisfies the majority of its users, all users need to observe some rules and behaviours governing their use of it. These requirements are usually contained or referred to in the relevant terms and conditions governing the particular Internet service as well as the law.

To enable its customers to have a better understanding of what is and is not acceptable when using the Internet, and to help you get the best out of the Internet, we have developed a number of Acceptable Usage Policies. These policies should help you benefit from safer surfing and minimise the risk of suffering "online abuse".

We have also included some general advice on how to protect you and your computer to each of these policies which we encourage you to follow.

TV, Video, Films, & Movies�

Uploading, Downloading or Viewing this type of material is not allowed using this service.� This type of activity causes huge demands on the wireless network resulting in poor service for others.

 

Illegal and inappropriate activities

As an Internet user, whilst connected to the Internet via our service must comply with the relevant laws that apply in the UK . You should also be mindful of the fact that the Internet is a global medium and is regulated by the laws of many different countries. Material which is legal in this country may be illegal in another and vice versa.

These are some of the things that you must not do whilst connected to the Internet:

You must not, by using the service, download, possess or transmit in any way, illegal material for example indecent images of children.

You must not send, publish, distribute, circulate or otherwise propagate any material that may be deemed to be grossly offensive or of an indecent, obscene nature or menacing in character.

You must not infringe the rights of others, including the right of privacy and copyright (an example would be sharing without permission of the copyright owner protected material such as a music or video file).

You must not send, with the intention of causing annoyance, inconvenience or needless anxiety a message that you know to be false, or to cause such a message to be sent or to persistently make use of our service for that purpose.

You must not gain or attempt to gain unauthorised access to any computer systems for any purpose, including accessing the Internet.

You must not, without authorisation intentionally impair or attempt to impair the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data (this could include deleting files, changing the desktop settings introducing viruses etc.).

These activities may result in legal action, a fine or a term of imprisonment or both.

If you are in any doubt as to the legality of anything, take independent legal advice before proceeding.

Our obligations

We always cooperate with local Police authorities and will provide them with any necessary information which may be used as evidence.

We are obliged under the Regulation of Investigatory Powers Act to disclose information to Law Enforcement Agencies and Public Authorities that are legally entitled to obtain such information. Similarly we must comply with court orders to disclose information.

If we believe an instance of abuse has occurred we may notify the police or relevant law enforcement agency.

Restricting Access

We reserve the absolute right to deny access� to the Internet if we consider anyone to have abused this service.

General Terms and Conditions of Service:

1.0 The Service

The service provides a data network connection to the Internet, and a range of Internet services.

2.0 When does our Contract with you Start
The service starts when you agree to these Terms and Conditions and access the Internet via our network.

3.0 Our Commitment to You
When we provide the service to you we promise to use the reasonable skill and care of a competent Internet service provider.�

4.0 Things we May Have to Do
4.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.
4.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.
4.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.

5.0 Repairing Faults in the Service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.

6.0 Paying our Charges
6.1 You must pay the charges for the service that are set out in the price list.
This price list is part of this contract.
6.2 When you register for the service we will ask you to select a payment option and we will charge you for the service on the date that the service is activated and available for you to use.

7.0 Use of the Service
7.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies (AUP) shown below and located at http://aup.pogolink.com as may be amended from time to time; or
(f) in a way that does not comply with any instructions that we have given you; The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
7.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
7.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.

Other uses of the service

8.When we provide you with content
8.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
8.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
8.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
8.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.

9.0 Your use of the Internet
The service allows you to access the Internet. The Internet is separate from the service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the Internet.

10.0 If you Break this Contract
We can suspend the service or end this contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 7.1, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. If we have suspended or terminated this contract under paragraphs (a), (b) or (d) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.

11.0 Suspension of the Service
11.1 If we decide to suspend the service, we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.
11.2 If we decide to suspend the service under paragraph 10, this contract will continue during the period of suspension and you will have to pay all relevant charges.

12.0 Matters Beyond our Reasonable Control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
13.0 Our Liability to You
13.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 13.2 or 13.3 or in any other way.
13.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
13.3 Any liability we have of any sort (including liability for negligence)is limited to �500,000 for any event or related series of events and �1,000,000 for all events in any 12 month period.
13.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
13.5 Each provision of this paragraph 13 operates separately in itself and survives independently of the others.
Ending this contract

14.0 Before the Service has been Activated
You may end this contract at any time before the service is activated and available for you to use. Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.

15.0 After the Service has been Activated
15.1 This contract can be ended by:
(a) you giving us seven days notice if under paragraph 16 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
15.2 If you give us notice that ends, or we end this contract under paragraph 10, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months.
15.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 15.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you

16.0 How this Contract can be Changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.

17.0 How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).

18.0 How to Give Notice
18.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.

19.0 Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.

20.0 Third Party Rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

21.0 The Law that Relates to this Contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.

PRIVACY POLICY

Our principal activity is: Public Access Internet Service Provider

Our privacy policy covers: The Pogolink service and its Web site.

Providing Visitors with Anonymous Access
You can access our Web site home page and browse our site without disclosing your personal data.

The services and links of our Web site
Our Web site does not enable our visitors to communicate with other visitors or to post information to be accessed by others.

Automatic Collection of Information
We do not automatically log personal data nor do we link information automatically logged by other means with personal data about specific individuals.
We do not use cookies to store personal data nor do we link non-personal information stored in cookies with personal data about specific individuals.

Data Collection and Purpose Specification
We collect the personal data that you may volunteer while using our services.

We do not collect information about our visitors from other sources, such as public records or bodies, or private organisations.

We do not collect or use personal data for any purpose other than that indicated below.

If we wish to use your personal data for a new purpose, we will offer you the means to consent to this new purpose.

Disclosure and Visitor Choice
We do not disclose your personal data to third parties or other organisations.

Confidentiality / Security
We use a secure transmission method (1024 bit Encryption) to send the following types of personal data:

We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from:

We ensure that your personal data will not be disclosed to State institutions and authorities except if required by law, other regulation or if we believe you are involved in illegal activity.

Credit Card information
We process credit and debit cards via a number of providers. We only use providers that encrypt their communications.

We do not retain any information after a transaction that would allow a future transaction to occur. Specifically we destroy the security code and all but four digits of the card number held in our server's memory once it has been transmitted for processing to our provider.

Access to the personal data we may hold about you
You can ask us, by sending an email to customer-service@pogolink.com, whether we are keeping personal data about you.

We will provide you with a readable copy of the personal data which we keep about you - although we will require proof of your identity.

We allow you to challenge the data that we hold about you and, where appropriate, you may have the data:

Privacy Compliance
Our privacy policy is compliant with the UK Data Protection Act (1998)

Privacy Support
If you have an enquiry or concern about our privacy policy, please send an email to customer-service@pogolink.com, stating your concerns.

Details of ownership & trademarks:
Pogolink is a trading style of Bytefetch Ltd, Company registered in England and Wales , Number:� 05646398.���� VAT� Registration Number: GB 881 9021 15

Pricing and Refunds

Types of Service
We offer two services, a subsidised service and a paid service. These are explained in detail at http://advice.pogolink.com

To purchase a product select "Credit Card / PayPal" and click sign-up or the buy now button. You will be presented with current pricing and purchase options.

Delivery
Once payment has been authorised you will immediately be able to access the internet. If you have problems please visit http://help.pogolink.com

Refund Policy
Should you not gain access to the internet when payment has been collected please contact us via the help page: http://help.pogolink.com. If we cannot resolve the problem in a timely manor you will be given a full refund.

However should you use the service and no fault has been reported then no refund will be issued.

Voucher Cancellation Policy
If a user breaches any part of this policy. no refund will be given and the voucher or account deleted. A fine or other reasonable administration charges may also be applied at our sole descretion.

Our products apportioned on a pro-rata basis. No refund will be provided for 'unused minutes' when paying for our service.

Debit and Credit Card Authorisation
PayPal (One of our providers) charges (or pre-authorises) a nominal fee to your card (up to £1 or $1), EVEN IF YOUR CARD IS REFUSED.

Complaints
Should you have a problem with our service and wish to make a formal complaint, you must first follow instructions at http://help.pogolink.com.

If your issue has not been handled in a professional and timely manor and you’re still dissatisfied you can write to:

Pogolink Wireless Services
Bytefetch Ltd
24 Rookswood
Alton, GU34 2LD
UK

Email: customer-service @ pogolink.com
Tel +44 (0) 2031 372372

Company Information
Pogolink is a trading style of Bytefetch Ltd registered in England and Wales - Registration number: 05646398
Registered for V.A.T. within the E.U. Registration number: GB 881 9021 15

Bank details:
Sort code: 72-00-00
Account No: 04594061
Account name: Bytefetch Ltd
Alliance & Leicester Commercial bank plc
Bootle, Merseyside, GIR 0AA

Copyright
The Pogolink name and logo are ©Copyright 2007-2010 Bytefetch Ltd