Dial-up Internet Terms and Conditions

IMPORTANT

If you ordered the Services (as defined below) from us either over the internet, by telephone, by mail order or by any other distance selling method you may cancel the Agreement (as defined below) pursuant to the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") at any time after receiving these terms and conditions for the Services up to, but not including, the date our supply of the Services to you commences ("Trial Period") provided that you notify us in writing of such cancellation within the Trial Period.

You will be deemed to have received these terms and conditions 48 hours after they are posted to you.

Please also note that if you have commenced using the Services after receiving these terms and conditions, you will be deemed to have accepted these terms and conditions and agree that you will lose your statutory right of cancellation under the Regulations.

These terms and conditions are effective from 25 January 2006.

Connection to the Services is by standard modem, or network router. The call is a local rate (0845) number from anywhere in the UK. TalkTalk supports all standard modems up to 56k and ISDN both 64k and 128k. No software is required and Windows users can download an auto-configure file which will set up your PC to use our free Internet and e-mail services.

"Agreement" means these terms and conditions as the same may be amended by us from time to time;

"Breach" means a failure to perform or observe any other obligation under this Agreement;

"Charges" means the telephone charges for the 0845 number (up-to-date details of which can be found in the Price List) used by you to access the Service;

"Content" means information, data, text, software, music, sound, photographs, graphics, video, messages and other material;

"Fees" shall have the meaning given to it in Clause 4.1;

"Network" means the telecommunications system used by us to provide the Services or the telecommunications network of any other company via which the Services are delivered to you;

"Price List" means the price list setting out the Fees and the Charges which is located on the Website;

"Services" means the Internet access services provided by us to you on the terms of this Agreement;

"TalkTalk Group" means The Carphone Warehouse Group PLC group of companies (including its mobile telephony, retail and insurance companies and us);

"We" means TalkTalk Telecom Limited, a company registered in England and Wales (company number 4633015) whose registered office is at 11 Evesham Street, London, W11 4AR (and "us" and "our" shall be construed accordingly);

"Website" means our website at www.talktalk.co.uk;

"You" means the subscriber to the Services and includes any person using the Services via your username and password whether with or without your knowledge or permission;

"Your Apparatus" means any apparatus (not provided by us) provided and used by you in order to use the Services;

This Agreement commences on the date we accept your request to receive Services and will continue indefinitely until terminated earlier by you or us in accordance with Clause 10.

3.1 We will provide the Services with reasonable skill and care and in accordance with the provisions of this Agreement. We can only provide Services in areas of the United Kingdom where we are technically able to do so from time to time.

3.2 In order to use the Services, you need a telephone line and a personal computer of a minimum specification.

3.3 We cannot guarantee that the Services will be fault free. However, if a fault occurs, you should report the fault by calling 0906 703 8255 and we will endeavour to rectify the fault as soon as reasonably practical but we do not guarantee that we will be able to do so.

3.4 We supply the Services to you via your existing connection to a Network it is your responsibility to maintain your connection to such Network and we shall not be responsible or liable to you for failing to provide the Services if such failure arises as a result of any interruption to or disconnection from such Network or because of failure or inadequacy in your Apparatus.

3.5 We may have to:

3.5.1 change the technical specifications of the Services for operational reasons;

3.5.2 interrupt or suspend the Services due to an emergency, for the purposes of repair, maintenance, improvement or because of operational reasons;

3.5.3 give instructions which we believe are necessary for health or safety or for the quality of the Services provided to you or to other customers.

3.6 Except in the event of an emergency, we will try to give you as much notice as possible of any interruptions, suspensions, periods of downtime of the Services by posting a notice on the Website or sending you an e-mail or by any other reasonable means. In such cases, we will restore the Services as soon as reasonably practicable.

3.7 We may, for operational or other reasons, change the specification of the Services. We may also modify or update the Services. Any such changes will not materially affect the Services.

3.8 We may, at our sole discretion, implement an automatic cut-off to interrupt the Services after a fixed period of time (currently 5 hours) to maximise the performance of the Services for all users. On each occasion that your session is interrupted in this way, you will be able to immediately reconnect to the Services.

3.9 We may remove any website you have created using the Services if:

3.9.1 your website does not contain an index file (index.htm or index.html) in the root directory of your homepage; and

3.9.2 you have not accessed your website for more than 3 months.

3.10 We may delete any e-mail held using e-mail addresses you have registered with the Services if you have not accessed your e-mail for more than 3 months.

3.11 In addition to our rights under Clauses 3.9.2, 3.10 and 10.5, we may terminate the services if you have not used them for more than 3 months.

3.12 As and when requested by us, you shall confirm that you are the owner of, or you have been duly authorised by the owner to use, any trade mark or name requested by or allocated to you as a domain name or mail box name and to provide documentary evidence of your rights in the name.

3.13 At our request you may be required to select a replacement name.

3.14 In order to register for the Service you must be (and hereby warrant that you are) at least 18 years of age and resident in the United Kingdom.

4.1 In addition to any Charges due to your telecommunications service provider, we will charge you one pence per minute (or part thereof) whilst you are connected to the Services ("Fees"). A minimum call charge of 5 pence per call applies when you connect to the Services. This means that once you have been connected to the Services for five minutes, you will begin to be charged at a rate of one pence per minute (or part thereof) for the sixth and each subsequent minute (or part thereof) that you are connected.

4.2 We reserve the right to vary the Fees at any time. If we do vary the Fees, we will notify you by changing the price list on our Website. The Price List is part of this Agreement.

4.3 You agree to pay us the appropriate Fees for your use of the Services as detailed in our Price List. Where you have agreed to participate in any promotion, the relevant Fees will apply from the date on which the free trial comes to an end.

4.4 We will send you your first bill approximately one month after we commence the provision of the Services and will continue to bill you on a monthly basis thereafter but we may also send you a bill at any time. We reserve the right to send you bills to the e-mail address of which you have notified us from time to time. We will notify you if we intend to send you bills by e-mail.

4.5 You must provide us with credit or debit card details to enable us to collect the Fees.

4.6 If your credit or debit card payment fails, we will inform you of this and ask you to arrange an alternative method of payment within 15 days of us notifying you.

4.7 We may at any time ask you to pay a non-interest bearing deposit as security against future non-payment of Fees.

4.8 If you fail to pay the Fees within 15 days of the due date for payment for any reason, we reserve the right to withdraw the Services. We may also charge an administration fee as detailed in the Price List.

4.9 If the Fees remain unpaid 30 days after the original due date for payment, we reserve the right to terminate the provision of the Services and this Agreement and take appropriate action to collect from you the amounts you owe to us.

4.10 The Charges will be payable directly to your telecommunications service provider or to us if you have registered for fixed line call services with us.

4.11 We offer telephone support for the Services at a cost of 50 pence per minute (or part thereof), or such other amount as is detailed on our Website from time to time. We do not accept any liability for loss or damage of any nature suffered by you as a result of being unable to connect to or use the Services.

5.1 The Services are provided solely for your use and you may not resell or attempt to resell the Services (or any part of them) to any third party.

5.2 You agree not to use the Services:

5.2.1 in a way that is in unlawful or fraudulent;

5.2.2 to deliver, knowingly receive, upload, download, use or re-use any information or material which is abusive, defamatory, obscene or menacing, or in breach of any patent, trademark, trade secret, copyright, privacy or any other rights of any third party ("Intellectual Property Rights") or which you do not have a right to transmit under any law or contractual or fiduciary duty (such as inside information (as the term is commonly understood in any jurisdiction) or proprietary or confidential information learned or disclosed as part of employment relationships or under non disclosure agreements) junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;

5.2.3 to send or promote, procure or permit the sending of any unsolicited advertising or promotional material;

5.2.4 in a way that does not comply with any written or electronic instructions sent by us to you or posted on www.talktalk.co.uk by us from time to time;

5.2.5 to harm minors in any way;

5.2.6 to impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

5.2.7 to forge headers or otherwise manipulate identifiers in order to disguise the origin of any communications or documents transmitted using the Services;

5.2.8 to upload any information which contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

5.2.9 to disrupt the normal flow of dialogue, cause a screen to scroll faster than normal or otherwise act in a manner that negatively affects other users' ability to engage in real time or other exchanges or to interfere with or disrupt the Service or servers or networks connected to the Service;

5.2.10 to stalk or otherwise harass another;

5.2.11 to collect or store information or personal data about others or to transmit, publish, link to, make available or cause to be transmitted any material designed to obtain passwords, account information or other information from other users of the Services;

5.2.12 to carry out port scanning/probing (which is an attempt to identify an open gateway into another Internet user's machine);

5.2.13 to register domain names which you do not intend to use yourself or which you intend to sell or make available to third parties;

5.2.14 in breach of the provisions of the data protection legislation or any directions issued by the Data Protection Commissioner; or

5.2.15 in excess of "normal use" bandwidth limits set out in this section. The Services are intended for normal recreational or educational use by individuals and families and our pricing and network architecture have been designed accordingly. Users who use the Services more heavily than a normal home user will reduce the performance of the network for other customers. "Normal use" is defined as up to 1 gigabyte downstream of data transfer daily (which equates to approximately 200 music tracks, 650 short videos, 10,000 pictures or around 100 large software programmes downloaded per day).

5.3 You shall be responsible for any losses, expenses or other costs incurred by us that are caused by your breach of Clauses 5.1 or 5.2.

5.4 We do not guarantee the accuracy or completeness of any of the information, sound, software and any other materials (in whatever form) and services which you may access whilst using the Services. We encourage you to make your own evaluation before relying upon any information accessed whilst using the Services and before entering into any transaction with any third party via the Services.

5.5 You acknowledge that we will not be responsible for any sites, goods or services offered or made available on the Internet provided by third parties.

5.6 You acknowledge that we will not be responsible for the content of the chat areas which you enter whilst using the Services. By entering these areas, you accept this, and agree to waive any claims against us for any distress, injury, loss, liability, damage and expense arising from or in connection with such use and you will indemnify us against any claims arising from the use of such areas or any content which you access, post or create.

5.7 When using the Services, you agree to comply with all local laws, rules and regulations regarding online conduct and acceptable Content.

6.1 You must ensure that your user name(s) and password(s) used in connection with the Services are kept confidential and are only used by you. You must inform us immediately if you know or suspect that your user name(s) or password(s) has been disclosed to an unauthorised user or is being used in an unauthorised way. You must not change or attempt to change a user name without our consent.

6.2 We may:

6.2.1 suspend your user name(s) and password(s) if at any time we think that there is or is likely to be a breach of security; and

6.2.2 ask you to change any password(s).

6.3 You must provide accurate information in your online registration form and inform us immediately if there are any changes to that information.

6.4 You accept and acknowledge that the Services, like other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Services using your user name(s) and password(s) or otherwise.

6.5 You acknowledge that you are fully responsible for all activities that occur under your user name and password whether by you or any other person, whether with or without your knowledge or authority.

7.1 We may hold information that you provide to us (such as on an application or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information ("Your Information") may include your name, address, date of birth, gender, telephone numbers, e-mail address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how you use the Services which may include data about what pages you visit within the Services, how long you stayed on a page, and the route you took to navigate through the pages (which helps us monitor the accessibility of the Services, and what your needs might be and to develop and improve the Services generally, in direct response to customer requirements) and information about your online purchases in order to suggest other products and services which may be of interest.

7.2 Your Information may be held and used by us (subject to your preferences indicated during the application process or at any other time) for a number of purposes and we may use third parties to support us with purposes which include, without limitation:

7.2.1 processing your orders or applications; administering your account; settling accounts with those who provide related services to us; dealing with requests, enquiries or complaints and other customer care related activities and legal actions and all other general administrative and business purposes;

7.2.2 carrying out market and product analysis of Your Information to develop and improve and to tell you about TalkTalk's other products and services and the products and services of other members of and new developments, special offers, discounts and awards offered from time to time by the TalkTalk Group which we believe may be of personal interest to you. We may tell you by automated means or otherwise, including by e-mail, fax, mobile text message, Mobile Messaging Service, telephone, post and via the Internet, WAP and similar sites subject to any preferences indicated by you at the time you apply to enter into this Agreement or subsequently; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;

7.2.3 carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; and

7.2.4 carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

7.3 If you proceed with an application we will check and share your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you or where we suspect fraud. Records held by fraud prevention agencies will also be shared with other organisations to help them make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.

7.4 If you do not become our customer or if your application is declined we will continue to hold information about you for the purposes of dealing with customer enquiries, complying with any legal obligation and for crime and fraud prevention and detection.

7.5 You can ask us at any time for details of the fraud prevention agencies to whom your information is disclosed and obtained from however we will not be able to provide you with any information relating to reasons for your failure to pass the credit scoring or automated decision making systems operated by these agencies or other information held by such agencies.

7.6 We may share Your Information with:

7.6.1 companies within the TalkTalk Group for the purposes described in these terms and conditions; and

7.6.2 in the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Agreement.

7.7 We may also pass your information for any specific purpose to certain third parties (some of which may be based outside of the European Union) where this is necessary or otherwise required or allowed to those who provide products or services that support the Services that we provide, such as our dealers and suppliers; those agencies and organisations involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare Your Information with information collected from other sources and who may keep a record of the searches we make against your name; and anyone we transfer our business to in respect of which you are a customer or a potential customer and they may use and disclose Your Information for the same purposes as us.

7.8 A comprehensive description of how we use personal information is publicly available from the Data Protection Commissioner - please see www.dataprotection.gov.uk.

7.9 If you would like us to tell you what information we hold about you, please write to us c/o The Data Controller, TalkTalk Telecom Limited, PO Box 390, Southampton, SO30 9AQ. We may charge a £10.00 administration fee; please quote your full name, address, phone number and account number on all requests. You can also call us on 0870 444 8255 to correct or update any inaccurate or incomplete information and to advise us of any preferences you may have concerning how you can be contacted for marketing purposes or to indicate your preferences for directory entries.

7.10 If you do not wish your details to be used for the purposes described in Clauses 7.2.2 please write to us at 11 Evesham Street, London, W11, stating your full name, address, account number and phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in this clause 7 in respect of agreements relating to other products and/or services.

7.11 If you provide us with any information about any other individual, such as another user of the Services, it is your responsibility to ensure that that other individual consents to, and is made aware of, the use of their information by us for the purposes set out in this clause 7.

7.12 Before completing any forms or passing your personal details on to anyone via the Internet you should be certain about who is receiving those details and if you do not wish them to sell your name to third parties, you should check the opt out boxes.

8.1 Content is protected by copyright, trademarks and other Intellectual Property Rights. You undertake not to and not to permit anyone else to copy, store, modify, distribute externally, broadcast or publish any part of the Website or any third party intellectual property rights accessed by you when using the Services.

9.1 Nothing in this Agreement shall exclude or limit our liability for death or personal injury caused by our negligence or that of our agents, or for any liability arising under Part I of the Consumer Protection Act 1987.

9.2 Nothing in this Agreement shall impose any liability on us in respect of non-performance or Services that are not performed in accordance with the Agreement where such non-performance is directly due to your acts, omissions, negligence or default.

9.3 We shall not be liable for any loss that is not reasonably foreseeable nor any loss calculated by reference to profits, income, or business or loss of such profits, income, or business or for any loss of data or goodwill.

9.4 Our aggregate liability (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed £500 for any one incident or series of related incidents.

10.1 As well as our other rights contained in this Agreement, we have the right to terminate this Agreement without notice and to claim for any losses or expenses incurred by us or to suspend the provision of the Services until further notice without notifying you if:

10.1.1 In accordance with Clause 4.8 if you have failed to pay the Fees;

10.1.2 you are in Breach and, where that Breach can be remedied, you fail to remedy the Breach within the reasonable time specified by us in our written notice requiring you to do so;

10.1.3 a voluntary arrangement is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against you or in Scotland you are sequestrated or a receiver or trustee is appointed to your estate;

10.1.4 we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services from us or at any time during the provision of the Services;

10.1.5 you are suspected, in our reasonable opinion, of involvement in fraud or attempted fraud in connection with your use of the Services or any other services accessed using the Services;

10.1.6 we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;

10.1.7 you do or allow anything to be done which is in Breach of this Agreement; or

10.1.8 we are specifically entitled to do so under any other condition of this Agreement.

10.2 Any failure by us to exercise our right to suspend or terminate the Services shall not exclude our right to later terminate this Agreement. We may refuse to restore the Services to you until we receive an acceptable assurance from you that there will be no further Breach.

10.3 You must reimburse us all reasonable costs and expenses incurred in any suspension and/or recommencement of the Services and we may charge you a reasonable reconnection charge. This will not apply where the suspension is not due to your breach, fault, or omission or is agreed between us.

10.4 As well as your other rights, you shall have the right to terminate this Agreement by notice to us in writing if we are in breach and, in the case of a Breach capable of remedy, we fail to remedy the breach within 14 days of receiving your written notice requiring us to do so or if we significantly reduce the content of the Services or make any significant change to the terms and conditions of this Agreement by giving us 30 days' notice in writing within 30 days of the relevant change.

10.5 Either party may terminate this Agreement on giving 30 days' written notice to the other at any time and for any reason. You must pay any Charges up to and including the date of termination for all Services you receive from us.

11.1 Where any of the following occurs:

11.1.1 there is any change or amendment to any law or regulation which applies to our trading, operating or business practices or policy;

11.1.2 the Director General of Telecommunications, the Director General of Fair Trading or any other competent Government department or regulatory body makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy; or

11.1.3 in all other events, where any technical modification is required to the Services or we reasonably determine that a change in our trading, operating or business practices or policy is necessary to maintain or improve the Services which we provide to you, we reserve the right to change the terms and conditions of this Agreement and/or the Services which we provide to you as soon as is reasonably practicable by giving written notice to you prior to the changes being introduced. We will also publish details of any changes (including the operative date) on the Website as soon as possible prior to the changes being introduced. Your rights to cancel the Services if we make any significant change to the terms and conditions of this Agreement are set out in Condition 10.

11.2 We may change the Charges at any time, provided that if we increase the Charges by more than 10%, we will give you notice of the changes at least 14 days before the change is to take effect at which time you may terminate this Agreement in accordance with Clause 10.

We will not be liable to you for any failure to deliver the Services or for any breach by us of this Agreement, where such failure or breach is due to a reason outside our reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency. If such failure to deliver continues for more than 1 month after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.

13.1 This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

13.2 Notices given under this Agreement must be given in the manner specified in this Agreement or, where no manner is specified, must be in writing and may be delivered by hand, courier or first class post or by fax. Notices shall be deemed to have been given on the following dates: on the date of delivery by hand; and on the date following the date of sending by courier, first class post or fax. We may also send e-mails to you but we cannot accept e-mail notices from you. Notices must be sent to the following addresses:

13.2.1 to us at the address set out on the first page of this Agreement or any alternative address which we notify you of from time to time for the purpose or which appears on the Website from time to time;

13.2.2 to you at the relevant details which you submit during the registration process or such other address as you may notify us of for the purpose from time to time;

13.2.3 in the case of an e-mail from us to you, at the e-mail address you notify us of for the purpose. We will consider the e-mail delivered at the same time that it is sent.

13.3 We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.

13.4 If you have a complaint or query with regards to any aspect of your TalkTalk account or experience please contact our customer services team, Monday - Friday 8am - 8pm, Saturday 9am - 6pm or Sunday 10am - 5pm. We can be contacted by telephone, dialling 0870 444 1820, by e-mail or by letter to TalkTalk Customer Services Team, PO Box 360, Southampton, SO30 2LY. Please include your telephone or account number and full name and address in any written correspondence. We aim to fully resolve all e-mail queries within 24hrs and all written queries within 3 days of receipt. In the unlikely event we are unable to fully resolve a complaint, you may refer your case to the Telecommunications Ombudsman, Otelo via Telephone on 0845 050 1614 or e-mail enquries@otelo.org.uk

13.5 If any part, term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.

13.6 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.

1. The Internet contains material that is inappropriate for minors and may cause offence to others. We do not censor or restrict access to any material or information on the Internet unless required to do so by a competent authority.

2. Your Apparatus and/or the portal through which you access the Internet via the Services include settings that allow you to control access to certain sites, newsgroups and chatrooms. It is your responsibility to determine restrictions on access. The effectiveness of the settings depends on how you use and monitor them. We are not responsible for and accept no liability in the event that the settings fail filter out all inappropriate material. Use of the Services by minors should be supervised as the Internet contains areas that contain adult or mature content and the Services do not restrict access to these areas.

3. One of the main dangers when using the internet is the possibility of someone gaining access to your PC (or any other device you use to access the Internet) and the information you keep on it. To help prevent this we strongly recommend you use a firewall. A firewall is a product which helps protect your machine from unauthorised access. No firewall can guarantee security, but an adequate firewall will increase the security of your machine and help protect your anonymity.

4. It is your responsibility to ensure the security of your machine and we cannot be responsible to you in the event that a person gains unauthorised access, whether or not you use a firewall.

5. We do not offer support for the detection or removal of Viruses, Worms or Trojans. We strongly recommend that you use good quality up to date anti-virus software supplied by a reputable anti-virus developer to protect your system from unwanted Viruses, Worms and Trojans.

6. Whenever you buy anything using our Services, you are buying from the merchant and not from TalkTalk. In order to ensure that you enjoy your shopping experience, we recommend that you follow these guidelines as a minimum:

1. make sure you know who you are dealing with - note down the merchant's name, address and content details;
2. check the merchant terms and conditions and any guarantee;
3. check the price and any extras such as delivery costs and the period for which the price remains valid;
4. check the delivery times and any returns/refund policies make sure you know what you are ordering - is there an accurate description or picture of the goods or services?
5. when ordering via the Internet, make sure that the merchant has confirmed that you are ordering from a secure website - you should be supplied with a password and told that your credit card details will be encrypted. It is not recommended that you send financial information by ordinary e-mail; and
6. make sure that you get a receipt and acknowledgement of your order and an order reference number.

7. Remember that consumer protection laws do apply to transactions on our Services which means that all merchants should act honestly and fairly.

8. Warning - Premium Rate Services
If you use the Internet via the Services or any other ISP you are at risk of becoming victim to what is commonly known as "Premium Dialler Fraud". Certain websites (E.g. adult sites) will require your dial-up network settings to be changed so that you connect to the Internet via a premium rate number. Some sites tell you your dialler settings will change and the charges. Others do not. The Internet also includes malicious code that will do this to your PC without notice.
Your dialler settings may be changed by you willingly accepting the download of the software to change your settings, or because you did not take adequate security measures to prevent download of software without your knowledge.
The result of your dialler settings changing is that you will be charged premium rates for Internet connection. Any such charges on your telephone bill, regardless of which ISP has been used for connection, are your responsibility and we will not refund these charges. This will apply to TalkTalk telephone customers and TalkTalk Internet customers using another telephone provider.
If you have a conventional modem in your PC, we advise you to physically unplug your modem lead from the wall socket so as to prevent unwittingly being connected via third parties.

9. Servers

1. You are solely responsible for the setup and security of all servers that you may run on your PC. You are also responsible for all traffic that may pass through your PC. We cannot be held liable for any losses or damages that may occur as a result of a compromise of your server. Please note that your account may be subject to immediate suspension or disconnection without notice, if any security breaches do occur or any server causes any degradation in network performance. You should also note that running servers on your PC may cause your own connection to operate in a less than optimal manner.
2. Remote Access: All remote access (FTP; SSH ; PC Anywhere etc) must be password protected & the address must not be publicly advertised.
3. Games: If the game in question has a password/IP access restriction option this must be used. Your IP address must not be publicly advertised on Gaming sites etc.
4. E-mail: You must ensure that you do not further the sending of Unsolicited Bulk e-mail by others. This applies to both material that originates on your system and also third party material that might pass through it. This includes but is not limited to a prohibition on running an "open mail relay", i.e. a machine which accepts mail from unauthorized or unknown senders and forwards it onward to a destination outside of your machine or network. If your machine does relay mail, on an authorized basis, then it must record its passing through your system by means of an appropriate "Received" line.
5. Other: You may run other servers but be aware that we reserve the right to restrict access to them should they cause network problems or should we receive complaints.
6. We may, at our discretion, run manual or automatic systems to determine your compliance with this Agreement (e.g. scanning for "open mail relays"). You are deemed to have granted permission for this limited intrusion onto your network or machine.
7. Please be aware that we do not offer any DNS services, e.g. Domain Name Redirection.
8. Please note that should we receive any complaints about any server that you may be running that your Internet access may be suspended without notice pending further investigation.

10. Use of Virtual Private Network (VPN)
You may use VPN when obtaining access to our Services but we do not provide technical support and by using VPN, you acknowledge that your services may be adversely affected by such use. If you use VPN and this affects our network performance or any users of our Services, we reserve the right to instruct you to stop using VPN and you must comply with this request.