RM SafetyNet Plus Terms and Conditions

Terms and Conditions

(1) This is a legal agreement between you ("the Customer") and Research Machines plc ("RM"), which expression shall include its subsidiaries, agents, successors and assigns.

(2) It is a condition of use of the RM SafetyNet Plus service and/or the RM SafetyNet Universal service (each "the Service") that the Customer and any of its licensed end-users agree to abide by the following terms and conditions (as revised from time to time by RM). By subscribing to, downloading, installing or otherwise accessing the Service, the Customer and its licensed end-users shall be deemed to accept these terms and conditions of use of the Service.

(3) RM may revise these terms and conditions at its discretion. The continued use of the Service by the Customer following any revision to these terms and conditions shall be deemed to be acceptance by the Customer and its licensed end-users of the revised terms and conditions current in use at any given time. Up to date copies of the terms and conditions of use of the Service can be found at http://www.ifl.net/safetynet/terms.htm.

(4) RM makes no express or implied warranties or guarantees as to the performance of the Service, the accuracy or completeness of the Service, the merchantability or fitness for a particular purpose of the Service, or as to the complete filtering of all sites. RM shall provide a service that will, so far as is reasonably possible and within the confines of commercially available software and generally accepted commercial practice, prevent access to web sites that contain any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability or in the reasonable opinion of RM is inconsistent with the educational purpose of its service. The Service can only decrease the likelihood of the Customer or an end-user accessing any content.

(5) If, and only to the extent (if any) that the Service enables the Customer to allow the Customer and end-users to access web sites that RM has determined should be filtered, the Customer may access such web sites by positively selecting such web sites for access. Any such selection by the Customer is made entirely at the Customer's own risk and RM shall not be liable to the Customer, end-users or any third parties, such as relatives of end- users, for any claim, loss or expense caused directly or indirectly by such access and, further, the Customer hereby indemnifies and shall keep indemnified RM against all claims, losses, damages, costs and expenses arising from or incurred by reason of such access.

(6) The Service requires the Customer to provide access (at its cost) via a telecommunications and Internet connection.

(7) In the case of RM SafetyNet Plus, RM will monitor the Service twenty four (24) hours per day and in the event of any disruption to the Service, will respond to any such Service failure within one (1) hour of notification (provided that notification is given to RM before 4.00pm Monday - Friday excluding bank holidays). RM will make back-ups of all updates every twenty four (24) hours. In the case of RM SafetyNet Universal, the Customer is solely responsible for monitoring the Service and making back-ups of updates.

(8) RM reserves the right to change the technical specification of the Service at any time for operational reasons or to temporarily suspend the Service for repair, maintenance or update (but before doing so will give as much notice as is reasonably practicable).

(9) RM is not liable for disruption to the Service caused by the acts or omissions of third parties or other providers of telecommunications or Internet services or by faults in or failure of the Customer's apparatus. The Licensee acknowledges to the Licensor that the Licensor makes no express or implied warranties as to the merchantability or fitness for a particular purpose of the Service, the Data or the Database.

(10) Other than in relation to death or personal injury, RM's liability in relation to the Service shall not exceed the annual subscription fee paid by the Customer for the Service. RM shall not be liable to the Customer for any loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss whatsoever.

(11) The Customer hereby indemnifies RM against any claims or legal proceedings that anyone (other than the Customer) threatens or makes against RM because of the way the service is used by such third party or because the Service is faulty or cannot be used. The parties hereby expressly exclude any rights of third parties to bring a claim under the Contracts (Rights of Third Parties) Act 1999.

(12) The Customer agrees to pay an annual subscription fee in advance for the Service, at the appropriate rate set out in any current quote provided by RM to the Customer, and such fee shall be paid within thirty (30) days of receipt of an invoice from RM. Interest at a rate of 3% above the base rate from time to time of Barclays Bank plc shall apply to any late payments.

(13) All intellectual property rights in connection with the service and created previously or in the future (and derived from the service) by any party shall vest on creation in RM. This shall include all lists and updates of filtered sites added to or deleted from the Service and RM shall have the right to access and use such information at any time.

(14) Neither party is liable to the other because of any matter beyond its reasonable control.

(15) Neither party may assign or transfer any rights or obligations under this Contract without the written consent of the other.

The parties agree that the law of England and Wales shall apply to these terms and conditions.