I This is what the Service is

The Service is owned and operated by Spider Networks Ltd. The Service aims to provide you and your members with an on-line school community via the World Wide Web on Edukit systems.

II This is what the Service isn't

You must provide all your own equipment, including computer and modem. You must establish your Internet connection and telecommunication links. You must pay for your call time. We cannot monitor or edit the vast amount of information disseminated and accessible as part of the Service and therefore, we will not exercise an effective control over the persons responsible for transmitting and accessing such information. However, we will take any steps we deem necessary in connection with such information in order to comply with the law.

III We do not control the Internet

You use the Service at your own risk. We will not be liable if the systems go off-line or fails for any other reason. We will not be liable for any incompatibility of the Service with any of your equipment, software or telecommunications systems. We will not be liable to remedy any defects in the Service. We will not be liable for any errors or interruptions of the Service. We will not be liable for the unreliability or inaccuracy of any information sent or obtained through the Service. We will not be liable for deleted messages or messages not being stored. We will not be liable for any inadequacy of the Service to your needs. We will not be liable for any messages containing viruses. Our liability to you and your members in respect of any claim for breach of contract, negligence, breach of statutory duty or otherwise shall be linked, save in respect of any claim for personal injury or death caused by our negligence, to £5000. Notwithstanding these exclusions and limitation of liability we will at all times do our best endeavours to maintain the Service with care and skill.

IV. You are responsible for your transmissions and your members are responsible for their transmissions

Your members are responsible for the content of their messages and you are responsible for the content of your messages. You must comply with all regulations, policies and procedures of networks connected to the Service (including Internet specific regulations, policies and procedures).

V. What your organisation and its members can’t do

Your organisation and its members must not do any of the following: resell the Service without our written permission; use the Service for chain letters, junk mail, spamming or any use of distribution lists to anyone who has not given you specific permission to do so; send through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material transmit material that encourages conduct that could be a criminal offence, result in civil liability or otherwise violate any relevant law or regulation; use the System to attempt to gain access to other computer systems; interfere with any other person's or entity's use or enjoyment of the Service; breach any laws concerning transmission of technical data through the Service, interfere with or disrupt, networks connected to the Service, make, transmit or store electronic copies of materials protected by copyright without the permission of the owner.

VI We need accurate information from your organisation and members

For supplying you with the Service, you must give us certain accurate and complete registration data about yourself (as prompted by the Service), and must make sure this registration data is updated to keep it accurate. Such data will be kept confidential and will not be disclosed to a third party. We are able to terminate the Service if information provided by you is or becomes inaccurate. In order to carry out bulk registrations of members of your organisation, you must inform such members of the disclosure of information about them to us for the purpose of operating the Service. We will ensure that any data sent to us is reasonably secure and have implemented appropriate technical and organisational measures to protect such data against alteration, unauthorised disclosure or accidental or unlawful destruction.

VII. Your School Community Administrator account, ename and password

You will be given a password to access your service account once you become a member of the Service. You are responsible for keeping the password confidential, and for any activities occurring in your account or under your password. You must establish and maintain proper security measures and procedures to provide for the safe custody of the administration ename and password and to prevent unauthorised access to or use of the materials and/or any data available through the Service. You may change your password or set up or close an account at any time by following instructions given in the Service. You must immediately notify us of any unauthorised use of your account or any other breach of security which you know about. We will give you an ename (i.e. [ename]@schoolname.edukit.co.uk).

VIII. We can change or discontinue the Service

We can change or discontinue the Service and your membership of the Service at any time. If your account is inactive for a period of 90 days or more we might discontinue the Service and these terms. If you fail to comply with any of these terms we can discontinue the Service. If you need to keep your account inactive for 90 days, notify us, and we will then only discontinue the Service if your account is inactive for 180 days or more (unless we agree otherwise with you).

IX. We can amend these terms

We are able to amend these terms from time to time. We will do this by notifying you by email or by posting notification of changes to website. If you continue to use the Service after notification you have accepted the amendment concerned.

X. Either of us may terminate

Either of us may terminate your use of the Service at any time and without cause, effective immediately.

XI. If we terminate or discontinue the Service

If your use of the Service is terminated or discontinued, you must not use the Service and Edukit systems. You must not continue to use your ename. We will have no obligation to forward any unread or unsent messages.

XII. You must indemnify us

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with: (a) any claim by any third party that the use of the Service by your organisation or its members is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; (b) any claim by any third party that the use of the Service by your organisation or its members infringes that third party’s copyright or other intellectual property rights of whatever nature; and (c) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Service by your organisation or its members.

XIII. If you deal with advertisers

You might correspond with organisations or individuals advertising their products or services on the Service. Any correspondence, transactions, and terms relating to your dealings with advertisers are solely between you and the advertiser.

XIV. Our rights in content

The content of the Edukit website and Edukit’s advertisers adverts is protected by intellectual property rights and laws. This content includes text, software, music, sound, photographs, video, graphics and other material contained in or distributed in the Service. You may only use this content in ways expressly authorised by us or the relevant advertiser. In particular, you may not do any of the following without our permission: (a) remove the copyright or trade mark notice from any copies made of any of the content of the Edukit website; and (b) reproduce, modify or in any way commercially exploit any of the content of the Edukit website

XV. How to send notices

All notices between you and us must be in writing and sent by email or conventional mail or (in our case only) by broadcasts of messages through the Service or posting messages on the Edukit website.

XVI. The law

The construction and validity of these terms are to be governed by English law, and the English courts are to have jurisdiction over all matters relating to and arising out of these terms.

XVII The Entire Agreement

These terms of use represent the complete and only statement of the terms of use of the Service.