Below is a copy of the Contract and Fair Use Policy. Everyone will get a copy prior to the service going live but we thought we would put it on here so everyone can have a read of it first for any input.

Northlew Community Broadband
Terms and Conditions

(issue date 9^th July 2009)

These Terms and Conditions supersede any and all previous ones and the Customer's continued use of the service constitutes the Customer's agreement to be bound by these Terms and Conditions and no others. These Terms and Conditions must be read in conjunction with the Acceptable Use Policy, and which may be subject to change from time to time. It is the Customer's responsibility to ensure that they comply with all terms and conditions noted herein. Note: Customers who agree to host Access Nodes are subject to additional terms and conditions.

Definitions

a. 'Community Broadband' refers to Northlew Community Broadband Community interest company, Northlew, Devon

b. 'Customer' refers to the company or individual who has requested and completed the Broadband Service contract

c. 'Broadband Service' refers to the service Northlew Community Broadband will provide the Customer for the duration of the contract period

d. 'Contract Period' is the length of time the Customer is committed to using and paying for the Broadband Service.

Contract Terms

The Broadband Service provided by Northlew Community Broadband to the Customer is for a minimum period of 35 months and is then subject to one month's notice in writing of termination. Termination notices should be posted to Northlew Community Broadband, 14 Kimberlands, Northlew, Devon, EX20 3NQ and the applicable date of notice shall be the date the notice is received by Northlew Commuity Broadband.

General

The contract is between Northlew Community Broadband and the Customer. The contract is transferable by the Customer with the sole authorisation of Northlew Community Broadband. We reserve the right to change the Terms and Conditions of Service and will give one month's notice in writing of any such changes should we do so. The section headings in these Terms and Conditions are inserted for convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. No action, regardless of form or nature, arising out of these Terms and Conditions may be brought by either party more than two years after the cause of the action has arisen.

Provision of the Service

a. Northlew Community Broadband will provide the Broadband Service to the Customer in accordance with the conditions of this agreement and with reasonable skill and care. Where it is technically impracticable to provide the Broadband Service free of faults (such as where it is impossible to achieve sufficient signal quality) Northlew Community Broadband does not undertake to do so.

b. Northlew Community Broadband will use its reasonable endeavours to provide a prompt and continuing service but will have no liability to the Customer for any loss of service, whether planned or unforeseen.

c. To use the Broadband Service, the Customer needs to supply Northlew Community Broadband with certain details on the service contract. Community Broadband will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.

d. The Customer acknowledges that the Broadband Service will depend on the characteristics of the wireless signal quality and that it may not be possible to supply the service at the outset or at some point in the future. In this event Northlew Community Broadband will have the right to terminate this agreement without liability to the Customer.

e. From time to time certain nodes, servers, or the whole or part of the Network may need to be closed down for routine repair or maintenance work. Northlew Community Broadband or its authorised representative shall give as much notice as in the circumstances is reasonable and Northlew Community Broadband shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time on the website.

f. Northlew Community Broadband may occasionally have to interrupt the service or change the technical specification of the service for operational reasons or because of an emergency. Northlew Community Broadband will give the Customer as much notice as possible of any planned interruption of the Customer's service. In these circumstances the Customer shall have no claim against Northlew Community Broadband for any such interruption.

g. Equipment provided by Northnlew Community Broadband remains the property of Northlew Community Broadband and possession must be surrendered on termination of this agreement if required to do so or for any other reason at our discretion.

Payment Terms

Customers will pay by Standing order monthly in advance, unless agreed otherwise beforehand. One months charges are payable on successful installation, together with the installation fee of £50. Northlew Community Broadband will issue receipts via email for each payment made, unless requested otherwise. Northlew Community Broadband reserves the right to modify its charges for the Broadband Service, but will provide the Customer with at least one month's notice of its intention to do so should the modification result in an increase in those charges.

Should any request for payment be declined, the Customer will make alternative arrangements to pay the amounts due within five working days of being notified by Northlew Community Broadband or risk suspension of the service for non-payment. Community Broadband reserves the right to charge interest on any overdue amounts at a rate equal to 4 per cent per annum above the Base Lending Rate as is current from time to time and also charge an administration fee for each failed payment of £10 per transaction.

Suspension of Accounts

Northlew Community Broadband reserves the right to suspend a Customer's Broadband Service if the Customer breaches either our terms and conditions or our acceptable use policy. In such instances, Northlew Community Broadband will provide the Customer with formal written notice that the account has been suspended. The Customer remains liable for the monthly fee during such suspension, and service will only be resumed once the breaches have been resolved and/or any overdue amounts (including accrued interest) paid to Northlew Community Broadband.

Cancellation of Accounts

a. The Customer has the right to cease using the Broadband Service at any time although no rebate will be provided for unused time, and the Customer shall remain liable for the ongoing monthly fee until such time as this contract has run its course which is a total of 36 months from point of installation.

b. If the Customer is an access node, then at least two months written notice must be given after this contract has expired before requiring Northlew Community Broadband to remove the equipment. During the notice period, the Customer must continue to allow the equipment to operate and provide it with the necessary mains power.

c. In the event the customer sells their home or moves out of their rented accommodation at the end of their legal tenancy, Northlew Community Broadband will allow that customer to end their contract, provided they have given one months notice of the move, provided proof and their new accommodation is outside of our service area. If the customer moves within the boundaries of the service area, we will remove the equipment and install it in their new home or business free of charge, although in this case they will not be able to end the contract early without penalty.

d. All customers have a right to cancel this agreement at the end of the minimum term, providing they give one months notice which can be submitted at the end of the 35^th month.

Warranties

Northlew Community Broadband will not be held liable for incidental, special or consequential damages. Northlew Community Broadband makes no warranty, express or implied, relating to the fitness for purpose or merchantability of the Broadband Service. Regardless of the nature of any claim, the limit of Northlew Community Broadband's liability to the Customer shall not exceed the aggregate of one monthly payment for the Broadband Service.

The Customer indemnifies Northlew Community Broadband against any and all claims and damages made against Northlew Community Broadband as a direct or indirect result of the Customer's use of the Broadband Service.

Customer Obligations for the Broadband Service

a. The Customer is responsible for their personal computer and data security and shall take all reasonable steps to minimise unauthorised entry to the Customer's computer and/or network via the Broadband Service. The Customer is further responsible for the content of any transmission from their computer and/or network over the Broadband Service and the connection of non Community Broadband owned equipment to the service access point.

b. The Customer, or a previously notified nominated representative over the age of 16 years, must be present on the day of installation of the equipment necessary to provide the Broadband Service. Our installer cannot install the equipment without a responsible adult present. The Customer must further provide reasonable ongoing access to Community Broadband or its representatives to said equipment for purposes of necessary modifications, maintenance, or repair.

c. The Customer must provide adequate care of the equipment installed by Northlew Community Broadband, and is liable for loss or damage of said equipment caused by the Customer's direct or indirect actions, The equipment remains the property of Northlew Community Broadband at all times through this agreement and into the future.

d. The Customer must ensure that they comply with the latest edition of the Acceptable Use Policy in force at any given time, and not to use, or permit others to use, the Broadband Service for unlawful or immoral purposes or for any purpose for which the Broadband Service was not designed.

e. The Customer must ensure there are sufficient funds in their bank account for the monthly payments.

Community Broadband Obligations for the Broadband Service

a. On Customer completion of the Broadband Service Contract Northlew Community Broadband will contact the Customer to verify all initial Customer obligations have been met.

b. Northlew Community Broadband will arrange for installation of the appropriate aerial(s), equipment and associated cabling.

c. On installation day Northlew Community Broadband will provide the Customer with all the technical support needed to ensure the installation goes smoothly.

d. Northlew Community Broadband will provide email and/or telephone technical support on the Broadband Service throughout the contract period.

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Northlew Community Broadband Limited
Access Node SupplementalTerms and Conditions

(issue date 9^th July 2009)

These Supplemental Terms and Conditions supersede any and all previous ones and the Customer's continued use of the service whilst hosting an access node constitutes the Customer's agreement to be bound by these Supplemental Terms and Conditions (in conjunction with the Terms and Conditions) and no others. These Supplemental Terms and Conditions must be read in conjunction with the Terms and Conditions, which may be subject to change from time to time.

Definitions

a. 'Northlew Community Broadband' refers to Northlew Community Broadband Community Interest Company, Northlew, Devon.

b. 'Customer' refers to the company or individual who has requested and completed the Broadband Service contract

c. 'Broadband Service' refers to the service Northlew Community Broadband will provide the Customer for the duration of the contract period

d. 'Contract Period' is the length of time the Customer is committed to using and paying for the Broadband Service.

e. 'Access Node' refers to the additional aerial, equipment and associated cabling necessary to allow the onward transmission and reception of service across the network.

Contract Terms

An agreement by a Customer to host an Access Node is for a minimum period of six months and is then subject to two month's notice in writing of termination. Termination notices should be posted to Northlew Community Broadband, 14 Kimberlands, Northlew, EX20 3NQ and the applicable date of notice shall be the date the notice is received by Northlew Community Broadband.

General

The contract is between Northlew Community Broadband and the Customer. The contract is non-transferable by the Customer. Northlew Community Broadband reserves the right to change the Supplemental Terms and Conditions for Customers hosting Access Nodes and will give three month's notice in writing of any such changes. The section headings in these Supplemental Terms and Conditions are inserted for convenience only and are not intended to affect the meaning or interpretation of these Supplemental Terms and Conditions. No action, regardless of form or nature, arising out of these Supplemental Terms and Conditions may be brought by either party more than two years after the cause of the action has arisen.

These Supplemental Terms and Conditions refer specifically to those Customers that have agreed to host an Access Node. They are in addition to, and not in place of, the Terms and Conditions of service.

Provision of the Service

a. The Customer will permit Northlew Community Broadband to host an Access node at the Customer's premises for the duration of this agreement and subject to the contract terms of this agreement. However, Northlew Community Broadband is under no obligation to host an Access Node at the Customer's premises and may remove the Access Node at any time, subject to the Customer's rights to continue to receive the Broadband Service as detailed in the Terms and Conditions.

b. The Customer agrees to allow Northlew Community Broadband to publicise the fact that there is an Access Node at the Customer's geographic address, and to provide the precise location of the Access Node on company literature and on the web site.

c. The Customer agrees to use their best endeavours to ensure the continued operation of the Access Node, to absorb the small cost of additional electricity themselves, and in particular not to intentionally break the electricity supply to the Access Node equipment or to obscure the propagation paths of the aerials.

d. Northlew Community Broadband may occasionally need to have access to the Access Node equipment for modification, maintenance or repair purposes, and the Customer agrees to use their best endeavours to allow Northlew Community Broadband staff or representatives access to the relevant equipment at mutually agreeable dates and times.

e. Equipment provided by Northlew Community Broadband remains the property of Northlew Community Broadband and possession must be surrendered on termination of this agreement.

Benefits

In recognition of the value provided by the Customer to Northlew Community Broadband in the hosting of an Access Node, the Customer shall enjoy a reduced monthly fee and other such benefits as may be in force from time to time. Northlew Community Broadband reserves the right to modify the benefits on offer for the hosting of an Access Node, but will provide the Customer with at least three month's notice of its intention to do so should the modification result in a decrease in the value of those benefits.

The current benefits are:

a. Free installation of the Broadband Service. Where an existing Customer hosts an Access Node subsequent to taking service, their installation fee will be reimbursed in full.

b. 20 per cent reduction in the monthly fee for the standard tiers of the Broadband Service.

Suspension of Accounts

Northlew Community Broadband reserves the right to suspend a Customer's Broadband Service if the Customer breaches either our Terms and Conditions or our Acceptable Use Policy. In such instances, Northlew Community Broadband will provide the Customer with formal written notice that the account has been suspended. The Customer remains liable for the monthly fee during such suspension, and service will only be resumed once the breaches have been resolved and/or any overdue amounts (including accrued interest) paid to Northlew Community Broadband. In addition, for a Customer hosting an Access Node the Customer agrees to maintain the operation of that Access Node during any period of suspension.

Cancellation of Accounts

a. Where a Customer decides to terminate their agreement for the Broadband Service, they must still adhere to the minimum contract period and notice periods applicable to hosting an Access Node.

b. During the notice period for termination of hosting an Access Node, the Customer must continue to allow all necessary equipment to operate and provide it with the necessary mains power.

Warranties

Customer Obligations for the Broadband Service

a. The Customer, or a previously notified nominated representative over 16 years of age, must be present on the day of installation of the equipment necessary to host an Access Node. The Customer must further provide reasonable ongoing access to Northlew Community Broadband or its representatives to said equipment for purposes of necessary modifications, maintenance, or repair.

b. The Customer must provide adequate care of the equipment installed by Northlew Community Broadband, and is liable for loss or damage of said equipment caused by the Customer's direct or indirect actions.

c. For the avoidance of doubt, the Customer agrees to notify northlew Community Broadband in writing (email is acceptable to customer.service@northlew.net) of any prolonged periods of absence from their property and to use best endeavours to provide Northlew Community Broadband with a means of access during such periods (for example, by a trusted neighbour or relative). In particular, the Customer agrees to maintain the necessary mains power to the Access Node equipment during the period of absence.

Community Broadband Obligations for the Broadband Service

a. On Customer completion of an Access Node Hosting Contract, Northlew Community Broadband will contact the Customer to verify all initial Customer obligations have been met.

b. Northlew Community Broadband will arrange for installation of the appropriate aerial(s), equipment and associated cabling.

c. On installation day Northlew Community Broadband will provide the Customer with all the technical support needed to ensure the installation goes smoothly.

d. Northlew Community Broadband will provide email and/or telephone technical support on the Access Node throughout the contract period.

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Property Reference:

Signature…………………………….

Print Name …………………………………

Date…………………………………

Northlew & Belstone Community Broadband Network

Fair and acceptable usage policy

What’s this all about?

In a nutshell, the following list details all the uses Northlew & Belstone Community Internet services that we consider unacceptable - in other words, unfair usage. Community Broadband maintains and promotes a policy of fair and acceptable usage at all times, so please ensure that any use of our services, by yourself or anyone in your household doesn’t in any way contradict the restrictions listed below. You will also find your responsibilities to help keep our network secure listed at the end of this Fair and acceptable usage policy (the ‘Policy’).

Please ensure that anyone using your account to access our services agrees with this Policy and is aware of their obligations under it. This extends to your children or members of your household or your employees or office workers or any one accessing the network through your home or office.

So what can Community Broadband services not be used for?

1. Unlawful, fraudulent, criminal or otherwise illegal activities

2. Sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading, recording, reviewing, streaming or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person

3. Commercial purposes (unless you are a business member or someone working from home as a sole trader) Sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters except that of business or home workers in accordance with the Privacy and Electronic Communications Regulations 2003 if sent in batches of no more than fifty (50) emails at any time, each individual campaign being sent to no more than five hundred (500) recipients, with no more than five (5) campaigns per month

4. Knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programmes) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by Northlew & Belstone community broadband network or any other Internet user or person

5. Activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person

6. Activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material

7. Anything that may disrupt or interfere with our network or services or cause a host or the network to crash

8. Launching “denial of service” attacks; “mailbombing” attacks; or “flooding” attacks against a host or network

9. Granting access to our services to others not residing at your address or located at the premises at which these Internet services are provided

10. Making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments

11. Circumventing the user authentication or security process of a host or network

12. Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data

13. Monitoring or recording the actions of any person entitled to be in your home or business premises without their knowledge or any person or thing outside of your home or premises including, without limitation, any public highway or roadway or another person’s home or business premises using our network.

14. Collecting, streaming, distributing or accessing any material that you know, or reasonably should know, cannot be legally collected, streamed, distributed or accessed.

What about security?

You are responsible for ensuring that any member ID and/or password selected by you remain confidential so that the network cannot be used by any unauthorised person.

The member ID and/or password referred to include, but are not limited to, those controlling access to (a) any computer hardware systems or networks; (b) any computer software or applications; or (c) any other services accessed by you in the use of either of the above.

You shall not disclose any member ID or password to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.

You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.

You must immediately advise us if you become aware of any violation or suspected violation of these Security provisions.

What about usage by kids and others without you knowing?

No excuse. You are responsible for all uses made of Northlew & Belstone Community Internet services through your account (whether authorised or unauthorised) and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that Northlew & Belstone Community Broadband are not responsible for any of your activities in using the network. Although the Internet is designed to appeal to a broad audience, it’s your responsibility to determine whether any of the content accessed via our Internet service is appropriate for children or others in your household or office to view or use.

Anything else you should know?

Spam is evil, wrong and clogs up our network. We reserve the right to block any emails that have the characteristics of spam. You’ll be contacted by us if any emails sent by you are blocked for this reason. Any spamming activity may result in suspension or termination of your service at our sole discretion.

What about excessive network usage?

If it’s felt that any member’s Internet activities are so excessive that other members are detrimentally affected, We may give the member generating the excessive web traffic a written warning (by email or otherwise). In extreme circumstances, should the levels of activity not immediately decrease after the warning, We may terminate that member’s services.

What happens if the Policy is breached?

If any member’s use of these services constitute a breach of this Policy, We may, at its option and discretion, either give the member notice to stop the unacceptable use(s) or terminate that member’s services (with or without notice as we consider appropriate).

Northlew & Belstone Community Broadband supports (IWF). The IWF is the UK hotline for the public to report potentially illegal website content relating to child abuse, together with material of an unlawful nature. For more information about the IWF and its services please visit http://www.iwf.org.uk.

To report any illegal or unacceptable use of our services, please send an email to abuse@northlew.net.

Northlew Wireless Broadband

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