Terms & Conditions of Service

The Esix Group (which means Esix Limited, Company No. 102503 Registered in Gibraltar, and its' associated websites and companies) provides Internet connectivity to its customers via our VPN Access and Web Proxy Services. Use of The Esix Group Access Service, henceforth referred to as "the Service", software and the service is provided by The Esix Group, subject to the notices, terms, and conditions set forth below and on the Esix Group web sites. We may regularly amend these notices, terms and conditions at any time without prior notice by posting new or revised terms of use policies and other documents on the Esix Group web sites. It is important for you to check this and other terms and conditions related to use of the Service and other ESIX GROUP products and services from time to time. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ESIX GROUP WEB SITE. USE OF ESIX GROUP PRODUCTS AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH NOTICES, TERMS AND CONDITIONS.

1. Terms of Service

You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the failure or inaccuracy of the Service. You are responsible for paying all applicable license fees, taxes and for all hardware, software, service and other costs you may incur in connection with your use of the Service, and providing all equipment and software necessary to connect to our web site and to use the Service via the Internet. When using the Service, you are also responsible for your own conformity to the various regulations imposed by a third party website. The Esix Group does not control or filter access to any third party website. The Esix Group may add, delete or change some or all of our services provided in connection with the Service at any time. Any new features that augment or enhance the Service will be subject to these notices, terms and conditions and will also be subject to all other applicable policies, terms, notices and conditions as discussed above. We may establish general practices and limits concerning use of the Service. You agree to accept these general practices and limits as they may be in effect from time to time. In addition, we reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any portion thereof), or your access to the Service (or any portion thereof), for any reason or no reason, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or your access to the Service.

2. No Unlawful, Prohibited or Corporate Use

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. This service is provided for SINGLE USER, HOME usage ONLY. The service provides a single connection per account, and may not be used by more than one computer at a time. The Service is provided to enable expatriate users to access UK based media and content services. Use of this service for other purposes such as gaming are expressly forbidden under these Terms & Conditions. You may not use this service for any commercial purposes including corporate gateways, the sending of bulk emails, promotion of websites advertising or any other commercial activity, nor may this service be used to "cloak" your original IP address for such purposes. . Where a company or corporate organisation registers an account which is deemed by Esix Ltd as a corporate rather than private use account. Esix reserves the right to disconnect the user account and retain the monthly or quarterly fee paid in lieu of administration costs. You may not use the Service in any manner which could damage, disable, overburden, or impair any Esix Group Website or Service(s), or the network(s) connected to any Esix Group Website/Service(s)) or interfere with any other party's use and enjoyment of any Esix Group Website/Service(s). You may not attempt to gain unauthorized access to any Esix Group Website/Service, other accounts, computer systems or networks connected to any Esix Group Website/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Esix Group Website/Service(s). You are responsible for any content that you post or transmit on or through the service. You will not use the service to carry out unlawful activities. You will not use the Service to spam or invade the privacy of, or threaten, other persons. If you violate any of these terms and conditions, your permission to use the Esix Group Website/Service(s) will be immediately withdrawn, and all fees paid by the user will be considered forfeit. Wherever third party websites impose licensing or geographical restrictions, all users of this service are responsibe for their own conformity to them. The Esix Group do not accept any responsibility for user access to any third party website, and therefore do not impose any controls or restrictions on subscribers.to this service.

3. Links to Third-Party Sites

The Service provides connectivity and access to third party websites. These third parties may provide, links to other World Wide Web sites or other Internet resources. Any third-party sites to which the Service may link are not under control of The Esix Group. The Esix Group does not have any responsibility or liability for any access, information, contents, communications or materials available on such third-party sites.

4. Applicable law

This Legal and Terms of Service as well as all disputes arising out of or in connection with these Terms shall be governed by the laws of the United Kingdom & Gibraltar, without regard to or application of choice of law rules or principles. Any dispute arising out of or in connection with this Legal and Terms of Service, or in future agreements resulting there from, shall be exclusively resolved before the competent court in the United Kingdom or Gibraltar.

5. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.

6. Indemnification

Esix Group Service subscribers must agree to indemnify and hold The Esix Group, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these notices, terms and conditions, or your violation of any rights of another. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE NOTICES, TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THE ESIX GROUP SOFTWARE AGREEMENT, WHICH INCLUDES THIS ESIX GROUP LEGAL NOTICE AND TERMS OF SERVICE AND THE OTHER POLICIES AND DOCUMENTS POSTED ON THE ESIX GROUP WEB SITES, WHICH MAY BE MODIFIED FROM TIME TO TIME BY THE ESIX GROUP, AND ANY OTHER MATERIALS EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES, AND SUPERSEDE ANY AND ALL PRIOR AND CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS EXISTING BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER.

7. No Resale or Service

None of The ESIX Group's users are allowed to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

8. Modifications to or Suspension of Service

The Esix Group reserves the right to modify or discontinue the Service temporarily or permanently, at any time, with or without notice. The Esix Group will attempt to provide reasonable notice of such changes to the subscribers or the website.

9. The Esix Group's Proprietary Rights

The Esix Group's name, the Esix Group logo, and other Esix Group related properties are trademarks of the Esix Group. All other trademarks appearing on the Service are trademarks of their respective owners.

10. Disclaimer of Warranties

The services, content, audio transmissions or other data of any kind or nature made available through the Service are provided on an "AS IS" and "AS AVAILABLE" basis or at the specific providers own terms. All representations and warranties, either express or implied are disclaimed, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Esix Group makes no warranty, representation or guaranty as to the content, accuracy, timeliness or completeness of the site or the information or that the information may be relied upon for any reason. Any material downloaded through the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material.

11. Limitation of Liability

You understand and agree that The Esix Group shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) The use or the inability to use the service; (ii) The cost of procurement of substitute goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the service; or (v) Any other matter relating to the service.

12. Willful misconduct and death or injury

The limitation of liability referred to in article 11 shall not apply in the event of (i) wilful misconduct or gross negligence on the part of The Esix Group and/or (ii) in the event of claims for compensation as a result of death or injury. However, in no event shall The Esix Group's total liability to you for all damages exceed the amount of a £100.

13. Notice

The Service may provide notices of changes to the License Agreement or other matters by displaying notices or links to notices to you generally on the Service. You are obliged to update your knowledge hereto continuously. Lack of knowledge does not imply that these terms are not accepted by you.

14. Miscellaneous

These Terms of Service constitute the entire understanding between you (the client) and The Esix Group with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure or delay of The Esix Group to exercise or enforce any rights or provision of the Terms of Service does not constitute a waiver of such right or provision. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations. Should any part of these Terms of Service be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if these Terms of Service had been executed without that part having been held to be invalid.
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