Redten Internet offer FREE computer woth £500 if you sign up for 3 years @ £19.99 pm!

rebellion_x

McMikes wrote: »

could you please publish it here or send via PM?

thank you

They are now on the DEADTEN site.

jaypee638

McMikes wrote: »

where are these terms? this is the main problem with these slugs, they change terms and put it somewhere far away. they don't even bother to notify us as I believe must be done by law.

Hopefully someone will put a copy on the Deadten.co.uk site then Fatcat can read them as well.

What a bungling shower, I don't know if the leaks are deliberate, in order to gauge reaction or just plain careless and inefficient.

Sorry Rebellion you beat me to it, I was still typing this when they were posted.

:beer:

McMikes

an interesting page I found in new fatcat terms > https://secure.njpservices.com/cust_signup/includes/rev_adsl.asp

it looks like they are trying to backdate the changes to terms back to Jan 2008?

Never been notified about them! have you?

essex_zx7r

jaypee638 wrote: »

Hopefully someone will put a copy on the Deadten.co.uk site then Fatcat can read them as well.

What a bungling shower, I don't know if the leaks are deliberate, in order to gauge reaction or just plain careless and inefficient.

Sorry Rebellion you beat me to it, I was still typing this when they were posted.

:beer:

Copy put on there as requested..:beer:
http://www.deadten.co.uk/Resources.html

rebellion_x

McMikes wrote: »

an interesting page I found in new fatcat terms > https://secure.njpservices.com/cust_signup/includes/rev_adsl.asp

it looks like they are trying to backdate the changes to terms back to Jan 2008?

Never been notified about them! have you?

Seems to be just the fair use policy that they are saying was changed then, I have been told that terms and conditions with fatcat are the same as they were with redten. call me cynical but I dont think that is entirely correct

Hugo_Rune

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https://secure.njpservices.com/cust_signup/csuterms.asp?sm_acc_type...1 of 11 21/06/2008 21:40
Terms & Conditions Fatcat Max Package

In these terms and conditions “we”, “us”, “our” and the “Company“ refers to NJP Services Ltd and
“you”, “your” and “yours” refers to the main registered adult user. You are responsible for ensuring
that your Fatcat Internet internet account is not abused and that all legitimate users of your Fatcat
Internet account observe these terms and conditions and the Acceptable Use Policy. The term “week”
refers to a timescale beginning Monday at 00.00 hrs and ending 23.59 hrs the following Sunday.
Please note these terms and conditions are for new customers only; existing customers need to refer to
the terms set out in their My Account space.

1 Definitions
In these terms and conditions the following terms shall have the meanings allocated to them:
1.1 "Agreement" means these terms and conditions, the Price List, the Registration Details and the
Technical Requirements;
1.2 "BT" means British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ;
1.3 "Charges" means the charges payable by you for the Service and the Modem, details of which
appear on the Price List;
1.4 "Helpdesk Facility" means the facility provided by Fatcat Internet to report faults in the Service;
1.5 "Minimum Period" means a period of 1 month commencing from the Start Date;
1.6 "Modem" means the high-speed modem and ancillary equipment that is purchased by you from
Fatcat Internet when you subscribe to the Service that enables you to connect your PC to the public
telephone network and access the Internet;
1.7 "Premises" means the residential address at which Fatcat Internet agrees to provide the Service to
you;
1.8 "Order Date" means the date on which you accept these terms and conditions and thereby place an
order for the Service and Modem.
1.9 "Price List" means the prices published by Fatcat Internet on the sign up pages of charges payable
for the Service and the Modem, as may be amended by Fatcat Internet from time to time.
1.10 "Privacy Policy" means the privacy policy governing our use of the personal information that we
collect from you in connection with the Service and set out on our website
1.11 "Registration Details" means the personal information you provide on registration for the
Service;
1.12 "Service" means the Fatcat Internet Broadband service that provides you with high-speed access
to the Internet via your BT telephone line whilst retaining the ability simultaneously to carry out voice
telephone conversations.
1.13 "Service Availability Area" means a geographic area specified by BT where the Service is
potentially available, as published on Fatcat Internet's web site.
1.14 "Early Termination Fee" means that in the event that you wish to move providers or cancel the
service provided to you, within the Minimum Period you will be liable to pay a fee equal to the full
contract term as defined by the Minimum Period.
1.15 "Start Date" means the date when the Service or any part of it is first made available to you or
when you first start to use the Service, whichever is the earlier.
1.16 "Technical Requirements" means the requirements to enable the Service to be provided to you as
published on Fatcat Internet's website
1.17 "You/your" means the person with whom Fatcat Internet is making the Agreement, as specified
in the Registration Details.
2. The Service
2.1 Registering with the Service gives you the ability, subject to Clause 4, using a PC (of appropriate
specification) and Modem, to access the Internet on an 'always-on' basis at transmission speeds of up
to 24MB.This entitles you to access to the internet for one calendar month (irrespective of the length
of that month).
2.2 The Service will be provided or procured by Fatcat Internet with reasonable skill and care and in
accordance with the provisions of this Agreement.
2.3 The Service is provided for use by residential consumers and business or commercial customers of
Fatcat Internet.
2.4 Before we can be sure that we can provide you with the Service we need to do the following:
(a) Perform a telephone line test and check that you are in a geographical area where you can receive
the Service;
(b) confirm that you have successfully installed the Modem needed for you to receive the Service;
(c) activate the Service;
2.5 If we are unable to provide you with the Service because the conditions in 2.4 cannot be
successfully satisfied, such satisfaction to be determined solely by us, then:
(a) we will notify you as soon as possible;
(b) we are entitled to the return of the modem. Please retain original packaging.
(c) we will refund any payments made for the Modem and the Service including the cost of returning
the modem to us.
2.6 In the event that you move from the Premises, and you wish to continue to receive the Service, we
shall terminate your Service and you will be required to register again for the Service and commit to
the Minimum Period at our then current rates. If termination is during the Minimum Period you will
be charged for the Service up to the end of the Minimum Period.
2.7 In the event that you terminate your telephone account with BT or you change the services on the
telephone line on which you currently use the Service, so that the Service is unable to operate
normally, your Service will terminate and you will be liable for the Charges during the Minimum
Period.
2.8 BT requests that we inform you that activation of the service may result in you experiencing a
temporary loss of your analogue BT line.
Personal Information
3.1 The Registration Details that you provide shall be true, accurate and complete. You agree to
inform Fatcat Internet of any changes to your Registration Details immediately by using the secure
members control panel.
3.2 Fatcat Internet will respect your personal information and undertakes to comply with all applicable
UK Data Protection legislation.
3.3 In relation to your Registration Details, you agree and hereby consent to Fatcat Internet passing
those details to BT and to such other third parties as may be necessary in order to provide and operate
the Service and deliver the Modem.
3.4 Use of your Registration Data will be in accordance with our Privacy Policy. If applicable, our use
will however be subject to any limitations you selected or choices you made on the registration form
in which you have provided Registration Details. As a member of the Service you agree that we may
send you information mailings regarding the Service.
3.5 Other than as required by law, or as permitted under this Agreement, Fatcat Internet shall not
disclose your Registration Details to any third party without your permission.
4. Fatcat Internet's Obligations
4.1 In consideration of the Charges, Fatcat Internet shall provide the Service in accordance with the
terms and conditions of this Agreement. You acknowledge that Fatcat Internet's provision of the
Service and its ability to provide the Service is dependent upon BT and its ability to provide certain
parts of the Service to Fatcat Internet. You acknowledge that there may be technical limitations that
inhibit the activation or provision of the Service. Fatcat Internet agrees to notify BT of any issues
concerning the Service that you bring to Fatcat Internet's attention, but we cannot guarantee
rectification of these issues by BT.
4.2 Fatcat Internet does not accept any responsibility for any defects or errors in either the Service or
the Modem.
4.3 You acknowledge that Fatcat Internet cannot warrant that the Service will be interruption-free or
that the transmission of information through the Service will be secure. The Service may be suspended
for operational reasons (such as maintenance or Service upgrades) or because of an emergency. Before
suspending or interrupting the Service (as aforesaid) Fatcat Internet shall use reasonable endeavours to
give you as much notice as possible.
4.4 You acknowledge that it is technically impracticable to provide the Service free from errors and/or
faults and Fatcat Internet does not undertake to do so. Fatcat Internet shall provide a Helpdesk Facility
to enable faults to be reported and resolved but does not warrant that all faults will be corrected.
4.5 The obligations of Fatcat Internet to provide the Service shall be conditional upon the Technical
Requirements being satisfied. You acknowledge that the Service shall not be available to you outside
the Service Availability Area and that:
(a) it will only be available to you if you have a valid contract for the use of a BT analogue direct
exchange line which terminates on a master socket forming part of BT's telecommunications network;
(b) you have a PC that satisfies the Technical Requirements; and
(c) your Premises falls within the Service Availability Area.
4.6 Except as may be expressly stated in this Agreement, all warranties and conditions, whether
express or implied by statute, common law or otherwise are hereby excluded to the fullest extent
permitted by law.
4.7 You acknowledge that due to contention on both the BT network and Fatcat Internet's access link,
the speed of the Service may be reduced or may not be available at times.
5. Your Obligations
5.1 You agree that you will be responsible for any equipment (including the Modem) that may be
provided to you for the purpose of receiving the Service and that you will be responsible for all
charges necessary to access and use the Service and that you will use any equipment (including the
Modem) connected or used with the Service in accordance with any instructions, safety and security
procedures applicable to it.
5.2 You agree to notify Fatcat Internet of any proposed move of Premises.
5.3 You agree that as part of your wish to take part in the Service, some minor modifications may need
to be made to your PC to make it operate with the Service. It is your responsibility to ensure that such
modifications do not invalidate the terms of any warranty you may have concerning your PC. Fatcat
Internet shall incur no liability for any claim that your warranty has been invalidated (if applicable) as
a result of work carried out by you, Fatcat Internet or its agents (including BT) in order to make your
PC operate with the Service.
5.4 You will be allocated both a username and a password in order to access the Service and you will
be responsible for keeping your password confidential and agree to take all necessary steps to ensure
that it is kept secure and is not disclosed to any unauthorised person. You will inform us upon
becoming aware of any suspected or actual unauthorised use of the Service and will take all steps
necessary (or requested by us) to prevent such use.
5.5 You acknowledge that Fatcat Internet and/or its agents (including BT) may give you instructions
from time to time which they believe are necessary for health, safety or quality of other
telecommunications services provided by BT to you.
6. Use Of The Service
6.1 You shall not use the Service:
(a) in a way that does not comply with the terms of any legislation or any licence applicable to you or
that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
(b) without prejudice to the generality of (a) above, in connection with the carrying out of a fraud or
criminal offence against Fatcat Internet and/or its agents (including BT), or any public
telecommunications operator;
(c) to send, knowingly receive, upload, download, use or re-use any material which is abusive,
indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any
other rights;
(d) to send or procure the sending of any unsolicited advertising or promotional material;
(e) in a way that does not comply with any instructions Fatcat Internet or its agents (including BT) has
given under Clauses 5.1 and 5.5;
(f) in a way that in BT's reasonable opinion could materially affect the quality of any
telecommunications service, including the Service, provided by Fatcat Internet;
(g) to store more than 10MB of email or 100 emails on your Fatcat Internet email account;
(h) to send emails with attachments greater than 5MB in size.
6.2 Fatcat Internet shall have the right to enforce such provisions set out in Clause 6.1 above by
suspending or terminating the provision of the Service to you if Fatcat Internet knows or reasonably
concludes that you are in breach of such obligations.
6.3 You will indemnify Fatcat Internet and/or its agents against any claims or legal proceedings that
are brought or threatened against Fatcat Internet and/or its agents by a third party:
(a) because the Service is used in breach of any of Clause 6.1 (a) to (f) inclusive; or
(b) in circumstances where you are in breach of Clause 6.2.
6.4 You will notify Fatcat Internet of any such claims or proceedings referred to in Clause 6.3 and
keep Fatcat Internet informed as to the progress of such claims and proceedings.
7. Delivery Of Modem
7.1 Fatcat Internet, or its representative, shall deliver the Modem to either the Premises or any other
location (only in the United Kingdom) notified to us by you (and for the avoidance of doubt you shall
be liable for any reasonable costs incurred by us in relation to carriage, postage and packing and any
other applicable duties taxes and charges).
7.2 We shall use our reasonable endeavours to deliver the Modem to the notified location by the
delivery date communicated to you. You should be aware that this delivery date is not guaranteed or
of the essence of the Agreement.
7.3 You shall inspect the Modem immediately upon receipt and inform us in writing within 5 (five)
days of delivery of any damage or missing items from the delivery.
7.4 If you fail to take delivery of the Modem (or fail to give us appropriate delivery instructions)
unless this was out of your reasonable control then without prejudice to any other rights or remedies
available to us, we may store the Modem until actual delivery and charge you for the reasonable costs
(including insurance) of this storage.
8. Faulty Modem Replacements
8.1 In the event that Fatcat Internet provides you with replacement Modem as a result of a fault which
is covered under the manufacturer's warranty you must return the faulty Modem to Fatcat Internet or
its appointed agent in the prepaid returns envelope provided within 14 days. If you fail to return the
faulty Modem to Fatcat Internet within 14 days, Fatcat Internet reserves the right to charge you the
full replacement cost for such Modem unless actual proof of postage can be provided to Fatcat
Internet. If the Modem is returned incomplete or not in the original condition then charges will be
incurred. If the supplied Modem is found to be not faulty then a replacement will be sent to the
customer but will carry a standard charge of £3 +vat to cover postage and packaging. This will
therefore be the same model as the original Modem ordered. Alternatively you may change the model
of Modem to be re-despatched, however, if there is a difference in sale value then an upgrade price
will be incurred prior to despatch. If the Modem is returned for any reason and a subsequent Modem is
not requested then your account type will be changed to the appropriate account type and charged
accordingly.
8.2 Incurred Charges
The following charges will be incurred if the above conditions are not met.
Missing or Damaged Modem £20 +vat
Missing or Damaged Driver CD £4 +vat
Missing or Damaged USB lead £7 +vat
Missing or Damaged RJ11 lead £7 +vat
Missing or Damaged Filter £10 +vat
Missing or Damaged Original Packaging £4 +vat

Hugo_Rune

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9. Insurance
You will assume the risk of damage to or loss of the Modem from the moment the Modem is delivered
to you. Despite you assuming this risk, until Fatcat Internet has received in cash or cleared funds
payment in full for the Modem, you will not be deemed to own the Modem.
10. Modem Warranties And Liability
10.1 The Modem is covered by a manufacturer's warranty. You shall be responsible for contacting and
returning any registration or warranty cards to the Modem manufacturer.
10.2 Before you install the software supplied with the Modem and before you connect the Modem to
your PC, you should back up or save any data on your PC.
11. If You Must Return Your Modem
11.1 As a consumer, you have the right to cancel your agreement to purchase the Modem on the terms
contained in this Agreement ("Modem Agreement") within 7 working days from the day after the date
of delivery of the Modem. If you do exercise your right to cancel you must give us written notice by
hand, post, or fax. So that there is no misunderstanding, you should be aware that, in accordance with
Clause 16.2 you are not entitled to cancel the Service after the Start Date even if you have cancelled
the Modem Agreement.
11.2 If you do exercise your right to cancel the Modem Agreement, as specified above, we shall, in
accordance with the Distance Selling Regulations, reimburse any payment made by you under the
Modem Agreement within 30 days from the day on which you give us this notice of cancellation.
11.3 You will not be entitled to cancel the Modem Agreement if you do not take reasonable care of the
Modem either prior to cancellation of the Modem Agreement or, after cancellation while the Modem
remains in your possession. To take reasonable care of the Modem you shall retain and keep the
original box and packaging to the Modem in good condition and shall ensure that the Modem is stored
in accordance with the manufacturer's recommendations.
11.4 If you do return the Modem, as specified above, you shall return it to Fatcat Internet using only a
carrier approved by Fatcat Internet. If we are required to collect the Modem, we shall be entitled to
charge you for the direct costs of so doing.
12. Intellectual Property Rights
12.1 You will agree to enter into any agreement reasonably required by the owner of the copyright in
any software made available to you for the purpose of accessing the Service.
12.2 You acknowledge and agree that all intellectual property rights in the Service (including, without
limitation, the Modem and any associated software) are vested and shall remain vested in Fatcat
Internet, its agents (including BT), the Modem manufacturer or their licensors, as appropriate.
13. Intellectual Property Rights Indemnities
13.1 Fatcat Internet will protect you against all claims and proceedings arising from the infringement
of any intellectual property rights by reason of Fatcat Internet's provision of the Service to you. As a
condition of this you must:
(a) notify Fatcat Internet promptly in writing of any allegation of infringement;
(b) make no admission relating to the infringement;
(c) allow Fatcat Internet or its agents (including BT) to conduct all negotiations and proceedings and
give all their assistance in doing so (Fatcat Internet will pay your reasonable expenses for such
assistance); and
(d) allow Fatcat Internet or its agents (including BT) to modify the Service, or any item provided as
part of the Service, so as to avoid the infringement provided that the modification does not materially
affect the performance of the Service.
13.2 The protection in Clause 13.1 does not apply to infringements caused by the use of the Service in
conjunction with other equipment or software not supplied by Fatcat Internet or its agents (including
BT), or to infringements caused by designs or specifications made by you, or on your behalf. You will
indemnify Fatcat Internet and its agents against all claims, proceedings and expenses arising from
such infringements or alleged infringements
14. Charges
14.0 Your account runs from calendar month to calendar month commencing with the date upon
which your application is accepted. Each subsequent payment is then collected there after every 30
(thirty) days unless extended by us for any reason. In making your application, you are asking us to
commence the service to you immediately. Under the Consumer Protection (Distance Selling)
Regulations 2000, you are entitled to cancel your account at any time within seven (7) working days
of your application being accepted but in asking us to make your account available to you
immediately, you are thereby waiving your right to cancel. Please also note that the account services
continue to run for more than thirty (30) days.
14.1 All payments must be made by credit/charge card or alternatively by bank Direct Debit (if
available). We will debit your credit/charge card account or bank account (as applicable) with your
monthly fee until the expiry of any notice of termination under these terms. If for any reason we are
not able to collect money from your account at any time, it will be deemed a material breach of these
terms and your account may be suspended or terminated immediately without notice but without
prejudice to our right to collect sufficient monies from you to cover any period of notice of
termination which should have been given before terminating the account. If for any reason we are not
able to collect money from your account at any time, we will continue to try to bill you every 24 hours
until the transaction goes through successfully. As soon as the transaction clears, either using your
existing details or the new ones you provide, your account will automatically be unsuspended.
14.2 If we continue your account despite non-payment, any unpaid monies will attract interest at an
annual rate of 8% above HSBC Bank Plc base rate for the duration of the time the account remains
unpaid. Interest will be calculated on a daily basis.
14.3 All monies due to us must be paid in pounds sterling (net).
14.4 You are not entitled to exercise any right of set off or other deduction against all monies due to us
under these terms.
14.5 Fatcat Internet reserve the right to vary the Charges at any time on giving you 28 days notice in
writing. We reserve the right to amend the policy relating to charges and their collection at any time.
Any amendments will be effective fourteen (14) days after being conspicuously posted on the Fatcat
Internet.co.uk website.
14.6 All Charges for the Service are inclusive of VAT at the applicable rate.
14.7 You warrant to us that you are over eighteen (18) years of age and that you are the holder of the
credit card used for payment of your Fatcat Internet account from time to time.
14.8 We have a friends referral scheme that allows you to receive a discount on your monthly
subscription. Each new customer that signs up for a broadband package quoting your customer ID
number in the relevant areas of the sign up pages, will then automatically award you a £1.00 per
month deduction on your own subscription. This deduction will then apply until this new user either
ceases the service, or ceases paying for the service.
14.9 The deduction can increase for each successive new sign up quoting your ID number as long as
these new accounts fulfill the conditions laid out in clause 14.8.
14.10 The total amount of deduction can equal only up to the total subscription paid per month, this
offer carries no monitory value and therefore is not redeemable against any other offer. No monies are
to be paid to yourself with regards this offer.
15. Limitation Of Liability
15.1 Fatcat Internet accepts unlimited liability for death or personal injury resulting from its
negligence.
15.2 Neither party shall be liable to the other, either in contract, tort (including negligence) or
otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or
consequential loss or damage or for any destruction of or impairment of access to any data arising in
relation to this Agreement including, without limitation, Fatcat Internet's ability to provide the
Service.
15.3 The liability of Fatcat Internet in contract, tort (including negligence) or otherwise in relation to
this Agreement is limited to the price paid by you for the Modem and the Charges in the year
(commencing from the Start Date or any anniversary of the Start Date) in which the liability first
arose.
15.4 Each provision of this Agreement, excluding or limiting liability, operates separately. If any part
is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
16. Term And Termination
16.1 This Agreement may be terminated at any time prior to the Start Date, however, if we have
supplied you with a Modem you must either pay for the Modem or return such Modem to us (at our
request) to the Fatcat Internet registered address, and we will refund you for any payment received
from you for such Modem.
16.2 After the Start Date this Agreement may be terminated as follows and the cancellation provisions
of the Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations")
will not apply to the Service:
(a) by us on 28 days' written notice, unless we terminate pursuant to Clauses 2.6 and 2.7 without
notice; however if we terminate your account for reasons other than stated in clause 6.2 you will be
liable for payment to the value of the full term of the contract (the remainder of the Minimum Period).
(b) by you using the Cancel Account link in your secure members control panel. Cancellation must be
completed by using the Cancel Account link within your secure members control panel. Any
purported cancellation by telephone, email, fax, post or any other form will not be acceptable and
must be completed within your secure members control panel before it will be accepted and effective
under these terms.
(c) by you giving 7 days notice if we inform you of a material change to the Service or we give notice
of an amendment to this Agreement pursuant to Clause 18 where such changes are to your detriment;
If you give notice of termination of this Agreement, or we terminate pursuant to Clause 6.2, during the
Minimum Period and the Service is available for you to use, you must pay all Charges payable during
the Minimum Period.
(d) the broadband service provided by Fatcat Internet is ordered specifically to your post code and BT
telephone number. If this changes due to any condition including a house move then this will
constitute a break in the agreement. A full disconnection and re connection of the service will be
implemented and the charges of such will be automatically levied on your account.
16.3 Either party may terminate this Agreement immediately, on notice if the other:
(a) commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the
breach within a reasonable time of a written notice to do so; or
(b) commits a material breach of this Agreement which cannot be remedied; or
(c) is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or
composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise
than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is
appointed over their assets.
16.4 Fatcat Internet shall be entitled to terminate this Agreement in the event that:
(a) the contract between Fatcat Internet and BT enabling Fatcat Internet to provide the Service is
terminated;
(b) the service provided to Fatcat Internet by BT is not of the quality deemed by Fatcat Internet to be
appropriate to provide the Services; or
(c) you no longer have a valid contract for the use of a BT analogue direct exchange line as referred to
in Clause 4.5(a).
16.5 If any of the events detailed in Clause 16.3 occur as a result of your default, Fatcat Internet may
suspend the Service without prejudice to its right to terminate this Agreement. Where the Service is
suspended under this Clause 16.5 you must pay all the Charges due in respect of the Service until this
Agreement is terminated.
16.6 In the event that Fatcat Internet agrees to you terminating this Agreement before the expiry of the
Minimum Period, you must pay all the Charges due up to and including the date of expiry of the
Minimum Period.
16.7 Termination in accordance with this Clause 16 shall not prejudice or affect any right of action or
remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are
expressed to survive this Agreement or impliedly do so shall remain in full force and effect.
16.8 In the event that Fatcat Internet agrees to you migrating your connection to an alternative
provider, you must pay all the Charges due, up to and including the date of expiry of the Minimum
Period.
16.9 If you terminate without notice or cause us to terminate in accordance with our rights in these
terms, fees will be due until the date that termination would have been effective had proper notice
been served. No part month payments or refunds will be entered into at any time. You undertake not to
withdraw authority to debit your credit card for fees due in respect of any notice period. You
acknowledge therefore that withdrawal of your authority for the card to be debited or any attempt to
persuade your credit card service provider to charge back any monies debited lawfully under these
terms will be treated as the criminal offence of fraud and carries a standard administration fee of
eighty pounds (£80).
17. Events beyond our control
17.1 If either party is unable to perform any obligation under this Agreement because of a matter
beyond that party's reasonable control such as lightning, flood, exceptionally severe weather, fire,
explosion, war, civil disorder, industrial disputes (whether or not involving that party's employees), or
acts of local or central Government or other competent authorities or events beyond the reasonable
control of that party's suppliers, the party will have no liability to the other for that failure to perform.
17.2 If any of the events detailed in Clause 17.1 continue for more than one month either party may
serve notice on the other terminating this Agreement.
18. Variation
Fatcat Internet reserves the right to vary the terms of this Agreement or the nature of the Service
(where the technical specification of the Service is varied) at any time and Fatcat Internet will inform
you of any such changes through email, newsletter or such other medium, as Fatcat Internet considers
appropriate.
19 Miscellaneous
19.1 The Agreement shall be governed by and construed in accordance with English Law and the
parties hereby agree to submit to the exclusive jurisdiction of the Courts of England in respect of any
dispute or matter arising out of or in connection with the Agreement.
19.2 This Agreement constitutes the entire agreement between the parties and supersedes
representations, communications and prior agreements (oral or written). This Clause shall not apply to
any statement, representation, or warranty made fraudulently, or to any provision of this Agreement
that was induced by fraud for which the remedies available shall be all those available under the law.
19.3 Any notice or other communication to be given under the Agreement must be in writing to the
other party and may be delivered or sent by email, pre-paid first class letter post or fax transmission at
the party to be served last known address. Any notice or document shall be deemed served if
delivered, at the time of delivery; emailed, at the time of delivery to your email server; posted, 48
hours after posting; and if sent by facsimile transmission, at the time of transmission.
19.4 This Agreement shall not be assigned, sub-contracted, novated, sub-licensed or otherwise
disposed of by you. Fatcat Internet reserves the right to assign, sub-contract or otherwise transfer its
obligations to provide the Service and/or supply the Modem to any third party.
19.5 The illegality, invalidity or unenforceability of any provision this Agreement shall not affect the
continuation in force of the remainder of this Agreement.
19.6 A person who is not party to this Agreement shall have no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any of these terms. This clause does not affect any right or remedy
of any person that exists or is available or otherwise than pursuant to that Act.

Hugo_Rune

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ACCEPTABLE USE POLICY
1. The following constitutes guidance on the acceptable use of your Fatcat Internet Internet account. In
this policy "we", "us", "our", "you" and "your" are given the same meaning as in Fatcat Internet
Internet terms and conditions. "download" or "upload" means the amount of information downloaded
or uploaded through the network, this is measured in Gigabytes "Gb".
2. You agree to accept responsibility for acceptable use by anyone using your account, whether
authorised or not - this is for you to ensure that you keep passwords and user IDs sufficiently secure to
prevent unauthorised access.
3. You must not disclose your password to any third party other than members of your household
using your computer and telephone line.
Email
4. You must not use your account to initiate or propagate chain emails or pyramid emails nor must you
send malicious, bulk or unsolicited emails, whether of a commercial nature or not.
5. You must not do anything, which may lead to an excessive demand on the Fatcat Internet servers.
6. You must not email someone who has specifically requested that you do not do so.
7. You must make sure that your computer cannot be used to forward emails for a third party.
8. You must not send emails, attempting to disguise the fact that you have sent that email.
Unlawful behaviour
9. You must not use your account for illegal or unlawful purposes. In particular you must not do
anything, which may be obscene, defamatory, cause offence, constitute an illegal threat or harassment
or breach any third party intellectual property rights. This includes the downloading or sharing of
material covered by copyright laws. You must also not use your account in order to gain or attempt to
gain unauthorised access to any computer system including ours nor for any other illegal purpose.
Personal Use
10. You may only use your account for personal, non-commercial use. If we have reasonable cause to
suspect that your account is being used to business purposes, it will be deemed to be a material breach
of our terms and conditions and entitle us to terminate your account immediately.

Network Abuse
11.1 The Network may be used only for lawful purposes. Transmission, distribution or storage of any
material in violation of any applicable law or regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark, trade secret or intellectual property right used
without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or
violates export control laws.
11.2 To ensure we offer all our customers the best possible service, we apply the following
restrictions. We continuously monitor our networks to ensure that congestion is not occurring. If usage
is such that it is significantly affecting service to other users we will instigate congestion control
measures. Heavy-usage applications such as continuous Peer-to-Peer (P2P) file sharing, streaming
video, binary downloads or other intensive uses are not acceptable. Where the Service has been
deemed to have been used inappropriately or indeed illegally to the detriment of the overall Service,
we reserve the right to take action against this account.
11.3 We will automatically identify the very small number of extremely heavy users and manage their
bandwidth to protect the service for all of our other customers. We believe that this is the fairest
approach as it protects the quality of service for the vast majority of our customers who use the service
for normal Internet activity. Customers affected by this will share bandwidth with each other and will
be separated from other customers. The amount of bandwidth available for affected customers to
share, will be at least as much as for those customers unaffected by the policy. The speed that the
affected customers will experience when downloading will therefore depend on what these customers
are doing. If they are all web-browsing and reading emails, they will experience a normal broadband
speed. If on the other hand they are using Peer to Peer or file sharing software they will experience a
slower broadband speed.

Fair Usage Policy
11.4 A small number (under 1%) of our customers use our service unfairly; taking up a
disproportionate amount of bandwidth between peak hours. By constantly downloading extremely
large movie and data files, 24 hours per day, every day, they affect other people's service.
If your peak time usage exceeds what is fair for your product we will temporarily reduce your
connection speed during peak hours to ensure you don't affect other peoples service. This speed will
restrict your ability to download large files as quickly as normal, but should not affect web browsing
or email. Your speed will run as normal at all other times.
The status of your personal fair usage is displayed by the traffic light graphic in your members area.
To reset your status you will need to speak to customer services.
Green = Fair usage, thank you.
Amber = Caution, please reduce your downloads.
Red = Your speed is restricted during peak hours.
Our Fair Usage Policy operates in addition to our network abuse policy.
General
12. Violations of system or network security are prohibited, and may result in criminal and civil
liability. We will investigate incidents involving such violations and will involve and co-operate with
law enforcement if a criminal violation is suspected. Examples of system or network security
violations include, without limitation, the following :
Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or
test the vulnerability of a system or network or to breach security or authentication measures without
express authorisation of the owner of the system or network.
Unauthorised monitoring of data or traffic on any network or system without express authorisation
of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mailbombing,
flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an email or a
newsgroup posting.
If approached with complaints relating to any of the above violations, the ISP will co-operate and
assist the Police and law enforcing bodies with their investigations in order to bring such mis-use and
violations to an end.
We reserve the right to amend this policy at any time. Any amendments will be effective fourteen (14)
days after being conspicuously posted on the Fatcat Internet website.
These Terms Last Modified 4th February 2008 (Click for Details)
In applying for internet access and an email account through Fatcat Internet you are accepting the
terms and conditions set out above including also the terms of our Acceptable Use Policy accessed on
the page containing these terms. We may change these terms or our Acceptable Use Policy at any time
by posting the amended terms conspicuously on the Fatcat Internet website (“the Website”) and any
variations will be effective fourteen days after they have been posted on the website.


This is available on DEADTEN.CO.UK in pdf format should you require a copy!

Looking forward to a day in court!

nedmundo

Damn I hate using dial-up!

Brmbaz44

strider8888 wrote: »

Asked for MAC yesterday..no internet from 10:21 am today..now very angry !! Wont even consider giving 1second more business let alone 1 month on a new contract..beware of loss of internet the second you ask for a MAC. Still was going to lose it at the end of month just annoyed by their blatant tactics to remove prepaid users ( they prob make no more money from us)

I never asked for any MAC been without any internet yesterday and today.Good job ive got backupp on Mobile broadband 0n 3 to send this £5 unlimited a month and fast. No mail from any of this shower as yet (if ever) Ime on to clode today.