Terms and conditions
The Cloud's Terms and Conditions of Use for Wireless LAN Services
Please read these terms and conditions carefully because they affect your rights and liabilities under the law and govern our relationship with you in relation to this wireless local access network service (including The Cloud Unlimited Service, Cloud Pay-As-You-Go Service, and free access to the Service as further defined in clause 8) in Great Britain ("the Service"). If you have any questions about them or do not wish to accept them, please contact us at uksupport@thecloud.net before using the Service.
Even though you may have been directed to the Service by your third party service provider, the Service is provided by us and not it.
These terms and conditions do not affect your statutory rights.
1. Information about us
1.1 This landing page ("Landing Page") is operated by The Cloud Networks Limited, a company registered in England under number 5141256 and whose registered address is 54 Bartholomew Close, London EC1A 7HP, and whose registered VAT number is GB/839621406 ("The Cloud"). In these terms and conditions "us", "we" or "our" means The Cloud and "you" or "your" means the individual using the Landing Page and the Services. You can contact us by e-mail at uksupport@thecloud.net.
2. Terms governing your use of the Service
2.1 The following terms and conditions together with the Acceptable Use Policy (see clause 14 below), the Order (as defined in clause 3.1.3 below) and the separate privacy policy (together the "Terms") govern your use of the Service.
2.2 Your use of the Service indicates your acceptance of these Terms. If you do not agree to our Terms, you must not use the Service.
2.3 We reserve the right, at our discretion, to modify, add to or remove any of the Terms by updating this Landing Page at any time where required to do so by any applicable law, regulation or competent authority. We may also modify, add to or remove any of the Terms where it is reasonable to do so. In particular we reserve the right to amend the Acceptable Use Policy set out in clause 14. You should check the Landing Page from time to time to review these Terms to ensure you are happy with any changes (you can see when the Terms were last changed by checking the "Last Updated" date at the bottom). Your continued use of the Service following the updating of the Terms indicates you accept those changes. We may not necessarily keep a copy of these Terms. We advise you to print a copy of them for your information in the future.
2.4 When you send emails to us, you are communicating with us electronically and we will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Purchasing the Service and Cancellation
3.1 The Cloud Unlimited Service
3.1.1 The initial minimum subscription period to The Cloud Unlimited Service is one (1) month. Thereafter, The Cloud Unlimited Service will continue on a monthly rolling basis until terminated by either party in accordance with clause 3.1.6.
3.1.2 The monthly purchase price is as set out in the Order. We reserve the right to alter the monthly purchase price The Cloud Unlimited Service at anytime. If any such changes are to be made, we will give you sufficient notice to enable you to terminate in accordance with clause 3.1.6.
3.1.3 If you wish to subscribe to The Cloud Unlimited Service, you must fill in your details on the order form and check that they are correct before clicking the submit button. Once you have clicked the submit button, we will confirm your transaction details on screen. We will also acknowledge receipt of your order form by email. It is your responsibility to ensure that your order form is correct before submitting it to us. When you submit your order form, you are offering to buy The Cloud Unlimited Service at the relevant price set out on the order form. If you have any problems with your order form, please contact: uksupport@thecloud.net . Once you have clicked your acceptance, the order form becomes the "Order". We are unable to rectify mistakes after this point, although you still have the right to cancel described below in clause 3.1.5.
3.1.4 The prices indicated on our website include all taxes, including VAT, which may be payable in respect of The Cloud Unlimited Service. Payment for the first month must be made at the time of placing the Order by credit or debit card. Subsequent payments will be taken from the same credit or debit card unless you notify us in writing to the contrary. The Cloud will continue to bill you on an ongoing basis until terminated in accordance with clause 3.1.6.
3.1.5 You have the right to cancel your subscription within seven (7) days of purchase, provided you have not used The Cloud Unlimited Service. All other refunds are at our discretion.
3.1.6 Either party can serve notice to terminate The Cloud Unlimited Service at any time. Such notice will take effect at the end of the month following the month in which notice was served. For the purposes of termination, a month means the equivalent day of each calendar month commencing on the date on which you purchased The Cloud Unlimited Service (for example if you purchased the service on 3rd May the next month commences on 3rd June and so on) and each subsequent month. Notice of termination can be given by you via e-mail, post or telephone.
3.2 Cloud Pay-As-You-Go Service
3.2.1 To purchase the Cloud Pay-As-You-Go service you must purchase a voucher by filling in your details on the order form and check that they are correct before clicking submit. Once you have clicked submit, we will confirm your transaction details on screen. We will also acknowledge receipt of your order form by email. It is your responsibility to ensure that your order form is correct before submitting it to us. When you submit your order form, you are offering to buy the Cloud Pay-As-You-Go Service at the price set out on the order form. If you have any problems with your order form, please contact: uksupport@thecloud.net. You have the right to cancel vouchers within seven (7) days of the purchase, provided you have not used any part of the voucher. All other refunds are at our discretion.
3.3 Free Access to the Service
3.3.1 Access to the Services at some locations may be at no charge to you. In such locations restrictions may apply including (but not limited to) length of connection time and availability to content on the Internet.
3.3.2 The Cloud may terminate the Free Access Service at any time without notice to you.
4. Licence granted to you
4.1 As long as you comply with these Terms, we grant you a non-exclusive licence to use the Landing Page and, if you have purchased a voucher for the Service in accordance with clause 3 or are permitted to access in accordance with clause 3.3, the Service.
4.2 We may terminate this licence at any time if you are in breach of any of the Terms.
5. Materials in the Landing Page and Service
5.1 The Landing Page and Service may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Landing Page as well as any other content. It is protected by intellectual property laws including, but not limited to, copyright. The Landing Page and Service may also contain material provided by third parties which is also protected by intellectual property laws.
5.2 All trademarks reproduced on the Landing Page or in the Service which are not the property of or licensed to us are acknowledged.
5.3 You may view, use, download and store material on this Landing Page for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of such material to third parties is prohibited.
5.4 Unauthorised use of the Landing Page or the Service may give rise to a claim against you for damages and/or be a criminal offence.
6. Accuracy of Information
6.1 Any information given on this Landing Page is given in good faith and for general information and interest only. It is subject to change without notice.
6.2 Any information given on this Landing Page or by the Service should not be relied on and does not constitute any form of advice or recommendation. By using this Landing Page and the Service you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the Landing Page or in the Service are entirely at your sole risk and responsibility. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on any information contained on this Landing Page or in the Service. Our liability to you as explained in clause 10 remains unaffected by this.
7. Linking
7.1 The Landing Page may contain links to websites not under our control. We accept no responsibility or liability for the content of such websites. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of that website. It is your responsibility to check the terms and conditions and privacy policy on any website which you visit.
8. The Service
8.1 The Service is a wireless data service using radio frequency to access a site location. Fixed line connections connect you to The Cloud network and subsequently to the Internet, or if applicable to your service provider.
8.2 The Cloud Unlimited Service means the monthly subscription service as detailed in clause 3.1 allowing access to the Service. The Cloud Pay-As-You-Go Service means the pay as you go service as detailed in clause 3.2. Free Access means access (which may be subject to restriction and limitations) to the Service at no charge to you as detailed in clause 3.3
8.3 When you are located within the radio frequency coverage area of a location, you may connect to the Service using your computer equipment (see clause 9.1 below). The Service is dependent on the suitability of your computer equipment. For further details on the suitability of your equipment, please email uksupport@thecloud.net
8.4 We offer the Service for activities such as the active use of e-mail, instant messaging, browsing the World Wide Web and accessing corporate intranets.
8.5 You can only access the Service from Great Britain.
8.6 You can access the Service via hotspots around Great Britain. Hotspots can be found at various locations around Great Britain. Whilst you can access the Service from most hotspots, you may not be able to access it from all due to restrictions placed by the venue operators.
8.7 Our customer service is available in the United Kingdom at uksupport@thecloud.net.
8.8 We shall use reasonable endeavours to provide uninterrupted access to the Service and will, whenever possible, provide advance notice of maintenance or other suspension of the Service on our Website: http://www.thecloud.net. However, we reserve the right to modify or temporarily suspend the Service or any part of it without notice to you for emergency technical repair.
8.9 Any security that you have in your dealings on the Internet or your corporate intranet is maintained by you when you use the Service. We provide no more security than you already have, because we provide access and do not interfere with content. For that reason, we cannot be, and are not, responsible for the security of your information which includes without limitation data you transmit on the Service, nor are we responsible for the accuracy, completeness or timeliness of any information obtained through the Service from the Internet.
9. User's Obligations and Rights
9.1 You are responsible at your own expense for having suitable computing equipment with wireless LAN (IEEE 802.11b) and associated software and configurations for use with the Service.
9.2 The password and username are issued to you personally and you are responsible at all times for: (a) maintaining the confidentiality of the username and password; and (b) all activities that occur under your username and password.
9.3 You will be liable for our losses and costs resulting from your breach of these Terms, including your breach of the Acceptable Use Policy (see clause 14 below) or misuse and/or disclosure of your username and password.
9.4 If it comes to our attention that you have given others access to your username or password, we reserve the right to terminate your right to use the Service immediately.
9.5 You must not use the Service:
- to make high volume data transfers, especially sustained high volume data transfers;
- to host a web server or any other server;
- to access someone else's account;
- to send unsolicited bulk e-mail;
- to collect other people's personal data without their permission;
- to interfere with other network users;
- for any defamatory or illegal purpose.
9.6 We reserve the right to suspend your access to the Service if we: (a) reasonably believe that your use of the Service is unreasonably excessive (i.e., in excess of forty gigabytes per month); or (b) reasonably believe that you are using the Service for criminal or illegal activities; or (c) you are otherwise in breach of these Terms.
9.7 You do not have the right to resell this Service to any third party.
10. The Cloud's liability
10.1 The Terms do not exclude or limit our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter in respect of which it would be illegal for us to exclude or to attempt to exclude our liability.
10.2 We do not guarantee that the Landing Page or the Services will be compatible with all hardware and software which you may use.
10.3 You understand and agree that prior to your use of the Landing page and / or the Services, it is your responsibility to make sure that your computer system has been completely backed up. We are not responsible to you for loss of computer programme data or information.
10.4 WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A RESULT OF A BREACH OF THESE TERMS AND CONDITIONS BY US. WE ARE NOT RESPONSIBLE TO YOU FOR ANY LOSSES WHICH YOU MAY INCUR WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF OUR BREACHING THESE TERMS AND CONDITIONS, FOR EXAMPLE IF YOU AND WE COULD NOT HAVE CONTEMPLATED THOSE LOSSES BEFORE OR WHEN YOU USED OUR SERVICES. OUR LIABILITY TO YOU SHALL NOT IN ANY CIRCUMSTANCES INCLUDE LOSSES RELATING TO ANY BUSINESS, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.
10.5 We are not liable to you if you cannot use the Landing Page and / or the Service because:
- of any power outage;
- a location or our network is undergoing maintenance as previously scheduled and noticed on our website or the Landing Page; or
- the Service has been suspended or interrupted because of a reason outside of our reasonable control.
10.6 If, however, the Landing Page and / or the Service is not available for reasons other than those listed in 10.5 above at any time or for any period of time due to any failure of ours, please contact our Customer Service (please see clause 8.7).
10.7 We do not give or assume any warranty, condition, undertaking or term, whether statutory, express or implied, as to condition, satisfactory quality, performance, durability, fitness for purpose or otherwise of the Landing Page and / or the Service and all such terms and warranties are hereby excluded to the fullest extent permitted by law.
10.8 IF THE CLOUD IS FOUND TO BE LIABLE TO YOU, SUBJECT TO CLAUSE 10.1 AND WITHOUT PREJUDICE TO CLAUSES 10.2 TO 10.7 INCLUSIVE, THE CLOUD'S LIABILITY SHALL BE LIMITED TO DIRECT LOSS AND TO THE HIGHER OF FIVE HUNDRED POUNDS (£500) OR THE AMOUNT YOU PAID TO THE CLOUD FOR THE SERVICES GIVING RISE TO THE CLAIM.
11. Privacy
11.1 When you access the Service via the Landing Page you enter a username and password which does not enable us to identify you. However, if you use a third party service provider to gain access to the Internet via our Landing Page, that service provider may be able to identify you from your user name and password, and you should consult that third party's privacy policy.
11.2 When you use the Internet via the Service, all your Internet traffic and e-mail passes through our servers. Some of it may occasionally be captured and stored as part of our routine backup processes. However, except as explained in clause 11.4 below, we do not and will not monitor, read or examine that traffic at any time in such a way as to see any personal data unless at any time we are required to do so by law.
11.3 When you sign up to receive the Service via the Landing Page, your data will be collected in accordance with The Cloud's privacy policy, which can be accessed from this link. This privacy policy forms part of these Terms and you should read it carefully.
11.4 We provide the third party service provider which directed you to the Landing Page and / or Service with information about your use of the Services so that it can monitor our provision of the Service to you and award you any relevant loyalty card points.
12. Complete Agreement
These Terms contain all the terms which you and we have relied on and agreed to in relation to the use of the Landing Page and / or the Service.
13. Jurisdiction and acceptance of these terms and conditions
The Landing Page and the Service is controlled and operated by us from our offices in England. These Terms are subject to English law. We will try to solve any disagreements quickly and effectively. If you are not happy with the way we deal with your disagreement and you want to take court proceedings, you must do so within the United Kingdom.
14. The Cloud's Acceptable Use Policy
14.1 When using the Service you agree to the following policy, which is intended to improve the use of the Service by preventing unacceptable uses. We do not actively monitor your use of the Service. Similarly we do not exercise editorial control or review over the content of any web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Service provided. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal or may subject The Cloud to liability or may breach this policy.
14.2 The Cloud may co-operate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Breach of this policy may result in the suspension or termination of either access to the Service or other actions as detailed below.
14.3 The following, without limitation, are examples of breaches of this policy:
Your use of the Service to:
- transmit any material (by uploading, posting, e-mail or otherwise) that is unlawful, threatening, abusive, harassing, defamatory, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- harm, or attempt to harm, minors in any way;
- transmit any material (by uploading, posting, e-mail or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
- transmit any material (by uploading, posting, e-mail or otherwise) that infringes any intellectual property right or other proprietary rights of any party;
- transmit any material (by uploading, posting, e-mail or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
14.4 If you are aware that a person is in breach of this policy, we should be grateful if you would e-mail The Cloud at uksupport@thecloud.net with the date, time and place of such breach (and any other information that you think would be useful).
14.5 The Cloud may take any one or more of the following actions, or other actions not listed, at The Cloud's sole discretion in response to complaints:
- issue warnings: written or verbal;
- suspend your account;
- terminate your account;
- bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or
- commence legal proceedings against you.
Last Updated: 01.11.2007