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Definitions

In our Agreements the following words and phrases shall have the following meanings unless the context otherwise requires:

  1. "Acceptable Use Policy"

    The document describing the actions prohibited by Pro-Net in respect of the use of the Pro-Net Network by any third party.

  2. "Access Line"

    The telecommunications circuit that the Customer/End User uses to obtain telecommunications services over the public switched network at the Premises as notified by the Customer to Pro-Net. It is the Customer/End Users responsibility to ensure the Access line meets the criteria detailed in the Service Description.

  3. "Agreement"

    The contract between the Customer and Pro-Net Incorporating these terms and conditions, the Acceptable Use Policy and the Service Description and/or Order Form.

  4. "Carrier"

    Any supplier of telecommunications services to Pro-Net for the Service.

  5. "Confidential Information"

    Any information of a confidential nature obtained under or in connection with this agreement including, but not limited to, any information regarding the existence of errors or viruses found in the Service and all other information which Pro-Net characterises as confidential at the time of disclosure either in writing or orally. Confidential Information does not include information, which the customer can demonstrate:

    1. Is previously rightfully known to the customer without restriction at the time of disclosure.
    2. Is or becomes from no act or omission on the Customers part, generally known in the relevant industry or public domain.
    3. Is disclosed to the customer by a third party as a matter of right without restriction at the time of disclosure;
    4. Is independently developed by the Customer without access to the Confidential Information.
       
  6. "Content"

    The electronic data, software, programs or information provided by the customer and made available to end users by means of the Equipment, which may include but not limited to advertisements, product information, announcements, news, software services, electronic exhibitions or games of various types.

  7. "Customer"

    The person who orders the Service and person shall be taken to include bodies corporate or unincorporated. Pro-Net may accept instructions from another person who Pro-Net believe is acting with the Customer's authority or knowledge.

  8. "Domain Name Service ('DNS')"

    The resolution of character based Uniform Resource Locators into the dotted decimal notation used to perform Internet switching and routing which may refer to the servers providing this facility.

  9. "Effective Delivery Date"

    The Effective Delivery Date for the service as defined in the relevant Service Description.

  10. "End User"

    Any person enabled through a data connection over the Internet either proved or not provided by Pro-Net, to access, use, purchase, download or otherwise interact with the Content, which is located on or distributed by means of the Equipment.

  11. "Equipment"

    Computer, Networking and data communications hardware and software. These may be owned, located and maintained by the Customer in the available spaces or may be rented from Pro-Net as set out in the Service Description.

  12. "Initial Term"

    The initial period during which we Pro-Net will provide the service as defined in the relevant Service Description and which commences on the Effective Delivery Date.

  13. "Internet"

    The global data network comprising interconnected private and public networks using TCP/IP ("Transmission Control Protocol/Internet Protocol") and/or UDP/IP ("User Datagram Protocol/Internet Protocol").

  14. "Internet Service"

    Pro-Net's Internet Services, which provide TCP/IP connectivity to the Internet on a dedicated access basis at a wide range of data rates.

  15. "Internet Standards"

    The protocols and standards defined in the following Internet documents: RFC1009, RFC1122, RFC1123 and RFC1250 and any such future protocols and standards as appropriate.

  16. "Name"

    Any name specifically requested by or allocated to the Customer for the provision of service including, without limitation, any domain name or mailbox name.

  17. "Order Form"

    The form the Customer/End User fills out and signs to order the Service.

  18. "POP"

    A network Point-Of-Presence where the Space for the equipment will be located.

  19. "Premises"

    The Customer/End User premises where service is to be received.

  20. "Pro-Net"

    Pro-Net Internet Services Limited of 2nd Floor, Hyde House, The Hyde, Hendon, London, NW9 6LH.

  21. "Pro-Net Equipment"

    Any equipment which is supplied by or on behalf of Pro-Net to the Customer/End User or placed at or on the Customer/End User Premises for providing the Service as described in the relevant Service Description.

  22. "Pro-Net Network"

    Points of presence, network hubs and host computers owned or operated by Pro-Net or Pro-Net authorised contractors or agents.

  23. "Set-Up-Fee"

    The initial set-up-fee in respect of the Service as described in the relevant Service Description.

  24. "Service"

    The installation, connection and supply of the service as described in the Service Description.

  25. "Service Description"

    The document containing the description of the Service to be provide by us to the Customer/End User and the applicable fees to be paid by the Customer/End User and may be varied from time to time by us. Each Service Description shall be governed by the terms of this agreement.

  26. "Standard Tests"

    The tests carried out by Pro-Net or any third party to determine whether the service is ready.

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