These terms and conditions of use apply to access to and use of the www.microseis.net ("Microseis.net") online information service by the individual or organisation ("Subscriber") who agrees to the payment of a subscription fee ("Subscription Fee") invoice issued by altcom Limited ("Provider").

This agreement ("Agreement") includes the terms and conditions of use provided in this document, the information provided in the subscription application ("Subscriber Profile"), the Provider's privacy policy ("Privacy Policy") and the Subscription Fee invoice.

By payment of the Subscription Fee the Subscriber agrees to be bound by the terms and conditions of the Agreement.

This Agreement is made between the Subscriber and altcom Limited a company incorporated in England, registration number UK 3130966, whose registered address is The Old School, The Stennack, St Ives, Cornwall TR26 1QU, United Kingdom and is active from the date of receipt of payment by altcom Limited and will terminate at midnight (GMT) 12 months hence.

1. Definitions

In this Agreement:

"Service" means any Information which may be accessed via the internet at domain www.microseis.net by fee paying subscribers;

"Provider" means the organisation providing the Service, which is altcom Limited or successor organisations;

"Subscriber" means the individual or organisation entering into a fee paying Agreement for use of the Service;

"Subscriber Profile" means a description of the Subscriber organisation provided by the Subscriber;

"Subscription Fee" means the Subscription Fee charged by altcom Limited to the Subscriber for use of the Service;

"Fee" means the Subscription Fee;

"Microseis.net" means the internet domain www.microseis.net and the website residing at that domain;

"Permitted User" means an individual employee of the Subscriber whom is identified as a permitted user of the Service by the Subscriber;

"Information" means any information and content available at the internet domain www.microseis.net;

"Password" means an individual password provided by altcom Limited to a Permitted User enabling the user to gain access the Service;

"Username" means a unique identification code provided by altcom Limited to a Permitted User enabling the user to gain access the Service;

"3rd Party Content" means publicly available content for which the Provider requires no license agreement and which may be accessed through the Service via links to 3rd Party sites on the internet;

"Privacy Policy" means the Provider's privacy policy as available at the domain www.microseis.net;

"Start Date" means the date and time the Subscriber's subscription becomes active which will normally the date of receipt of payment for the Subscription Fee invoice by the Provider;

Both parties acknowledge that within this agreement words used in the singular include the plural and words used in the plural include the singular.

2. The Service

2.1 The Provider grants to the Subscriber a non-exclusive, non-sublicensable, non-transferable, non-assignable license to use the Service and Information pursuant to the terms of this Agreement.

2.2 The Subscriber acknowledges that the Information contained within the Service is either proprietary to the Provider or licensed by the Provider from 3rd party information providers or 3rd Party Content. The Provider retains control and ownership of the form and content of the Service and Information. The Subscriber shall not acquire any ownership rights or publication rights in the Service or the Information, and the Subscriber shall not alter the form or content of the Service without the written permission of the Provider.

3. Use of the Service

3.1 The Subscriber may:

(a) review and download Information for their own use; and

(b) include in internal reports, reports to customers and/or the Subscriber's websites, individual items from the Information on an occasional and infrequent basis, provided that such items (or portions thereof) are attributed to the Microseis.net Service and any relevant 3rd party. If the information is included in an internally or externally accessible website it must include a weblink to the domain (http://www.microseis.net).

3.2 The Subscriber shall not:

(a) reproduce, display, distribute, publish, sell, circulate or broadcast the Information to any 3rd party (other than as authorized in section 3.1(b)), nor make the Information available for any such use;

(b) remove, alter or conceal any copyright notices or acknowledgements contained in the Service or the Information;

(c) store or create in electronic form any shared library or archive of Information which could be used as a research application;

(d) use the authority granted in section 3.1(b) as a substitute for other users to subscribe for the Service, and for the avoidance of doubt, the Subscriber may not on a regular basis, or an irregular but frequent basis, distribute more than a few articles to any individuals or organisations; or

(e) share any Password and/or Username with any 3rd party or anyone who is not a Permitted User.

3.3 The Provider chooses some 3rd party internet sites through which 3rd Party Content is made available and uses reasonable care in doing so. However, the 3rd Party Content is not made available through any licensing agreement with any 3rd party, and accordingly the Provider does not and cannot license the use of such information and provides no guarantee of accuracy or reliability of such information. The Subscriber is solely responsible for determining the extent to which any Information, including 3rd Party Content, is used.

3.4 The Subscriber shall comply with any additional restrictions notified by means of any on-screen notices contained within an item of Information to which the additional restriction relates.

4. Subscription Fees

4.1 The Subscriber agrees to pay the Subscription Fee to the Provider, payment shall be made through an invoice issued to the Subscriber from the Provider. In addition to the relevant Fees, the Subscriber shall be responsible for all applicable sales, value-added and other such taxes or duties (including withholding tax) payable in respect of this Agreement, so that after payment of any such taxes or duties the amount received by the Provider is not less than the aggregate of the Fees.

4.2 The Provider's standard rate of Fees may increase from time to time. The Provider will notify the Subscriber of any change to the Fees at least 30 days prior to the renewal date of the Subscription.

5. Term and Termination

5.1 The term of this Agreement is 12 calendar months from the date of receipt of payment by altcom Limited (the "Start Date"). The Agreement will terminate at midnight (GMT) 12 months after the Start Date.

5.2 This Agreement may be terminated without prejudice:

(a) if a party commits any breach of this Agreement which is remediable and not remedied within 21 days of written notice from the other party requiring such remedy;

(b) immediately on written notice being given by a party if the other party commits any breach of this Agreement that cannot be remedied or repeats any breach that has previously been the subject of a notice under paragraph (a) above;

(c) immediately if the Subscriber is declared bankrupt, or the Subscriber is affected in any jurisdiction by any matter of substantially similar effect to bankruptcy;

(d) if the Provider gives 60 days written notice to the Subscriber of its intention to terminate the Agreement before the end of the 12 calendar month period and the Provider reimburses the Subscriber for the fraction of the Fee covering the remainder of the 12 month period; or

5.3 If the Subscriber commits a material breach of this Agreement, the Provider may suspend the Service without notice or penalty until such breach is remedied. The Provider will give the Subscriber notice of such breach.

6. Privacy

The Provider takes seriously the privacy of personal information provided by the Subsciber to the Provider. Any such information will be used by the Provider in accordance with the Privacy Policy.

7. Warranty, Liability and Indemnity

7.1 The Provider shall make reasonable efforts to ensure the accuracy and reliability of the Service and Information. Except as specified in this Agreement, all express or implied representations, warranties, conditions and undertakings are excluded. This Agreement does not give the Subscriber any rights against 3rd Party Content with respect to use of Information.

7.2 The Provider nor any of its affiliates, will be held liable in relation to the accuracy or timeliness of the Information or for any loss or damage of any type in connection with the provision of or failure to provide the Service. The total liability of the Provider under this Agreement shall, to the extent permitted by law, under no circumstances exceed the Fees paid by the Subscriber in the twelve months preceding such claim.

7.3 The Provider does not accept any liability in relation to 3rd Party Content.

7.4 The Subscriber shall indemnify the Provider for any loss or damage suffered arising out of any use of the Information beyond the rights expressly granted to the Subscriber under this Agreement.

8. Notices

8.1 General. Other than as set out below, all notices shall be in writing, and delivered by facsimile or electronic mail, to the addresses provided by each party in this document. Notice shall be deemed received on the date actually received.

8.2 Cancellation notices. Any notice from the Subscriber to the Provider to cancel the Subscription to the Service must be sent to the Provider by facsimile or electronic mail to the address stipulated by the Provider.

9. General

9.1 The terms and conditions set out in this Agreement represent the entire agreement between both parties relating to the Service and supersede all prior agreements and representations. No failure or delay by any party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power and/or remedy. Neither party will be liable for any loss or failure to perform an obligation due to circumstances beyond its reasonable control.

9.2 Neither party may assign this Agreement without the prior written consent of the other party, provided however that the Provider may transfer any of its rights and obligations to a successor organisation.

9.3 The official language of this Agreement shall be the English language.

9.4 It is agreed that this Agreement will be governed and construed according to the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English Courts. The Subscriber agrees that for purposes of venue, this contract was entered into in Penzance, Cornwall, United Kingdom, and any dispute will be litigated or arbitrated in Penzance, Cornwall, United Kingdom.

By accepting these Terms and Conditions of use you:

• agree to be bound by the terms and conditions of the Agreement;

• warrant that the information provided in the Agreement is true and accurate; and

• further warrant that you are legally able to bind youself to the terms of this Agreement.

Contact details:

The Provider:

altcom Limited
13 North Parade
Penzance
Cornwall TR18 4SL


Telephone: +44 (0)845 056 2990
Fax: +44 (0)845 2991
email: info@microseis.net


The Subscriber:

Contact details as provided in the Subscriber Profile

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