Customer is defined as anyone wishing to use the iBLURBS product to maintain a website.

Reseller is defined as a website developer using the iBLURBS product to develop a website for one of their clients and then handing on the ownership of the information to that client in order that they may take out their own product license and perform their own site maintenance.

By accessing, browsing, and/or using the Service, you acknowledge that you have read and understood the Terms and Conditions and that you and your company agree to be bound by the Terms and Conditions and comply with all applicable laws and regulations, including U.K. laws and regulations.

1. PURPOSE. The purpose of this agreement is to enable the CUSTOMER to use the iBLURBS product to create and maintain blocks of information (herein after called BLURBS) on the iBLURBS website, using the iBLURBS infrastructure software. These BLURBS will be incorporated dynamically into the CUSTOMER’S website, when authorised for inclusion by the CUSTOMER.

2. LIMITED LICENSE. Except as otherwise provided in this agreement, iBLURBS grants a CUSTOMER a non-executive, non-transferable license to use the web space and software from a single user account, subject to and in accordance with the terms and conditions of this agreement. Unless otherwise agreed in writing by the parties, the facilities of the iBLURBS site shall be used solely by the CUSTOMER.

3. RESTRICTIONS. The space available for any single BLURB and the number of times it may be displayed are limited as described in Schedule B – Fees.

4. NON-PERMITTED USES. The Software and Internet Service shall be used solely for lawful purposes, within the terms stated herein, and any other use, resale or exploitation of any type or nature whatsoever of the Software or Internet Service is hereby expressly prohibited.

Not Transferable. CUSTOMER’S right to use the Software for the purpose stated in this Agreement is not transferable. CUSTOMER agrees not to rent, lease, license, sublicense, or assign the use of the Software or Internet Services to others.

CUSTOMER may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the Software or trademarks or other intellectual property associated with the Software or Internet Service.

CUSTOMER agrees not to reverse engineer, de-compile, or disassemble the Software, nor to alter, modify, or adapt the Software in any way.

This Agreement does not authorise or permit any use of the Software or Internet Service not expressly set forth herein, and all other rights are expressly reserved.

5. FEES. Unless otherwise provided by written agreement, CUSTOMER shall pay iBLURBS a monthly service and license fee in accordance with Schedule B of this agreement, beginning the Effective Date of this Agreement.

Billing practices/delinquent payments. CUSTOMER shall indicate on the order form whether CUSTOMER will pay on a monthly or annual basis.

Fees may be subject to change at any time.

6. TERM/TERMINATION Generally. This Agreement shall commence upon registration as a user on the iBLURBS site by CUSTOMER ("Effective Date") and shall continue on a month-to-month basis until terminated in accordance with the provisions herein.

Immediate Termination. Either iBLURBS or CUSTOMER may immediately terminate this Agreement by 30 days written notice to the other party.

Termination for Cause. This Agreement may be immediately terminated without written notice by iBLURBS upon the occurrence of any of the following events: 1) Any breach of the terms and conditions of this Agreement. 2) Any failure on the part of CUSTOMER to pay fees required under this Agreement when due.

7. FEES UPON TERMINATION. No Refund upon Termination for Cause. Termination of this Agreement for cause under Section 6 does not remove CUSTOMER'S responsibility to pay all fees for the entire month in which the Agreement was terminated, including any legal fees and collection fees incurred by iBLURBS to collect such payments.

Refund upon Termination For No Cause. If this agreement is terminated by iBLURBS for any reason other than for cause under Section 6, iBLURBS shall reimburse CUSTOMER for any unused fees on a pro-rata basis.

Use of Software after Termination. In the event that CUSTOMER uses the Software or Internet Service for any lawful purpose whatsoever following termination of this Agreement, CUSTOMER shall pay iBLURBS the entire license and service fee for the month in which CUSTOMER used the Software, in accordance with the terms of this Agreement. Payment of the license and service fee shall not reinstate this Agreement.

8. UPGRADES/PRODUCT SUPPORT Upgrades. All scheduled future upgrades will be made available to CUSTOMER via the website.

9. SUPPORT. CUSTOMER acknowledges that the Internet Services and support for the Internet Services are provided by iBLURBS in accordance with Schedule A of this Agreement.

10. OWNERSHIP. If, as a part of the Service, iBLURBS provide CUSTOMER software, whether owned by us or a third party, CUSTOMER agree that the ownership of and all intellectual property rights in the software shall remain vested in the owner.

All copyright, interest and licensing rights in the iBLURBS Software are owned solely and exclusively by iBLURBS. CUSTOMER is prohibited from selling, giving or otherwise transferring ownership or possession of the Software in any form to any other person, entity, or company.

11. LIMITED WARRANTY. iBLURBS warrants that, during the term of this agreement, the Software and Internet Service will perform substantially in accordance with the description of the Software and Internet Service as described on the iBLURBS Website.

Customer Remedies. iBLURBS' entire liability and CUSTOMER'S exclusive remedy shall be, at iBLURBS's option, either (a) return of the fee, on a pro-rata basis, for the period in which the Software and/or Internet Service did not meet iBLURBS's Limited Warranty, or (b) repair of the Software and/or Internet Service. This Limited Warranty is void if failure of the Software or Internet Service has resulted from accident, abuse, or misapplication.

12. DISCLAIMER OF WARRANTIES. Except as provided herein and to the maximum extent provided by applicable law, iBLURBS disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, with respect to the internet service provided hereunder and the software licensed hereunder and any upgrades.

CUSTOMER acknowledges that the sole purpose of the software and internet service is to provide dynamically accessible BLURBS for inclusion on CUSTOMER’S website. iBLURBS does not warrant the accuracy, timeliness, or reliability of any content of these BLURBS. CUSTOMER acknowledges that it is CUSTOMER'S sole responsibility to manage the accuracy, timeliness, and reliability of the contents of these BLURBS.

13. DISCLAIMER OF LIABILITY. In no event shall iBLURBS be liable to CUSTOMER or third parties for any damages whatsoever (including without limitation damages for loss of business profits, business data or other information, business interruption, professional liability and the like) arising out of the use of, or inability to use, the internet service or software or the use of information content, obtained or accessed by use of the software or internet service, even if CUSTOMER has been advised of the possibility of such damages, and even if such damages are caused wholly or in part by the software or internet service or the negligence, error, or omission of iBLURBS or its employees.

14. INDEMNIFICATION. CUSTOMER shall indemnify and hold iBLURBS and its officers, directors, and employees harmless from and defend against any and all losses, costs, claims, judgements, damages, liabilities, demands or expenses including, without limitation, reasonable legal fees, which may arise out of or derive in any way, either directly or indirectly, from CUSTOMER'S use of the Software or Internet Service or information obtained or accessed by use of the Software or Internet Service as set forth herein or from CUSTOMER'S breach of this Agreement.

Customer acknowledges that BLURB content accessed by use of the software and/or internet service may be subject to copyright, trademark and/or other restrictions. CUSTOMER shall be solely responsible for complying with applicable copyright, trademark and/or other restrictions on the use of information content accessed by use of the software or internet service. CUSTOMER shall defend, indemnify and hold harmless iBLURBS for infringement of any of the trademarks, copyrights, patents or trade secrets related to information content obtained or accessed by use of the software or internet service.

15. LITIGATION. Any disputes arising from this contract will be litigated or arbitrated in the United Kingdom. This Agreement shall be governed and construed in accordance with the laws of the United Kingdom.

Schedule A

This schedule covers the terms and conditions of the Internet Service providing access to the BLURBS for CUSTOMER use.

1. The Service.

iBLURBS will provide the Customer, with those services required to host and provide Internet Access to, their BLURBS. The Services will be provided according to these Terms and Conditions. CUSTOMER must provide all of the information requested on the Order Form in order that iBLURBS may provide the services requested. iBLURBS may refuse to provide any of the services requested until that information is supplied.

CUSTOMER is responsible for providing all modems, telephone lines, personal computer and other equipment necessary to use the Internet Service and for payment of all telephone charges incurred in connecting to the Internet Service.

2. Provision of the service

2.1. iBLURBS will use reasonable endeavours to provide the Services requested, at all times.

2.2. CUSTOMER must understand that the Internet is a world-wide system of independent inter-connected networks and computers. IBLURBS control only those systems that are on our network. IBLURBS cannot guarantee fault free service. IBLURBS do not warrant or guarantee the technical quality of the connections to national or international networks supporting the Service and of any other terminal equipment, computer program and of any other systems that are not under our direct control. However, iBLURBS shall use reasonable endeavours to ensure that the service is available for CUSTOMER use and iBLURBS will repair any reported faults on our computer systems as soon as reasonably possible.

2.3. CUSTOMER uses the Internet at their own risk and agree that they are subject to and will comply with all applicable laws during their use and use by their guests, employees, officers, directors and agents.

2.4. CUSTOMER agrees that iBLURBS have no control over the content of the information transmitted or made available on the Internet. IBLURBS do not guarantee that any particular content will be available at any given time and they make no guarantee regarding the security of the Internet generally or specifically. IBLURBS further assume no responsibility for any information, software, services or other materials CUSTOMERS obtain by using the Internet.

2.5. CUSTOMER must provide a proper, effective and appropriate connection with a telecommunications provider in order to use the Services. CUSTOMER must pay for all telecommunications charges and comply with all rules and regulations established by the telecommunications provider in connection with their use of the Service.

2.6. Other than software, hardware and installation services that iBLURBS provide in connection with the Service, it is CUSTOMER’s sole responsibility to make sure that they have the necessary and appropriate software, operating systems, equipment and facilities to use the Service.

2.7. CUSTOMER must ensure that any software or equipment connected to or used with the Service must be connected and used according to any instructions, safety or security procedures applicable to the use of that software or equipment.

2.8. iBLURBS reserves the right to change the technical specification of the Service from time to time, provided that any change to the technical specification does not materially affect the performance of the Service.

2.9. CUSTOMER understands that iBLURBS will provide the Service using a multi-user shared server. There may be occasions where use of the Service may be affected by access of other users.

3. Use of personal information

3.1. CUSTOMER must agree that iBLURBS may process personal information (including contact details) which they provide to us in the Order Form or that iBLURBS learn or receive from CUSTOMER in connection with their use of the Services. IBLURBS may process this personal information in order to administer the Contract and for purposes connected to the Services and CUSTOMER’S business relationship with us, including (by way of example only), for the purpose of notifying CUSTOMER (whether by mail, telephone or email), of new or additional products or services provided by us.

3.2. CUSTOMER may contact us at any time at iBLURBS, The Smithy, Brownlow Heath, Cheshire, CW12 4TJ, email: Service@iBLURBS.com marked for the attention of Marketing Department, to instruct us to stop using or disclosing personal data for direct marketing purposes.

3.3. If iBLURBS collect personal information in connection with this Contract, iBLURBS will treat and use the information in compliance with the provisions of all relevant data protection laws, including, if applicable, CUSTOMER’S right to access the personal data and to request at any time any amendment or corrections thereto.

4. Customer undertakings in connection with the use of the Service

4.1. CUSTOMER must agree not to use and not to let any other person use the Services or any part of the Services to store, reproduce, transmit, communicate or receive any material, data, images or information, which is:
(a) in breach of any law or regulation, code of practice or acceptable use policy;
(b) abusive, indecent, defamatory, obscene, pornographic or menacing or otherwise offensive; or
(c) in breach of confidence, copyright or other intellectual property rights, privacy or any other rights of any third party, under applicable laws of any country or any international treaty,
(any of which may be referred to below as "Offending Materials").

4.2. CUSTOMER must further agree that, in connection with any of the Services provided under this Contract, CUSTOMER will not:
(a) directly or indirectly, use the Services or any part of the Services to provide any form of service generally associated with an Internet service provider, or otherwise in competition with iBLURBS;
(b) resell the Services in whole or in part to any third party, unless CUSTOMER has entered into a reseller agreement with us;
(c) infringe any of our, or a third party's, intellectual property rights or other proprietary rights party involving software, programs and any other property supplied by us for the use of the Service;
(d) use the Service for any unlawful purpose or cause any nuisance through use of the Service or allow others to do so, including the delivery or transmission of unsolicited e-mail, also known as "Spam";
(e) provide any third party with the password to access the Service and CUSTOMER will not access our network from more than one location simultaneously.
(f) repair, modify or tamper with our network or insert any programs, data or information in our network, which may, in any way, affect the Service, cause any damage to third parties or be deemed unlawful.

4.3. Certain information transmitted or displayed using the Internet may be illegal and CUSTOMER may be liable in this country or in foreign countries for accessing such information. CUSTOMER must acknowledge that under the applicable national or international laws or regulations, iBLURBS may, under certain circumstances, such as the initiation of a criminal investigation, be required to provide to legally authorised entities access to information iBLURBS maintain about CUSTOMER and Services CUSTOMERS use and decoding keys of information belonging to CUSTOMER. In all such cases, iBLURBS will not be liable for any damages resulting from our provision of such information or decoding keys to such authorised entities.

5. Web Hosting

5.1. If a CUSTOMER is using our iBLURBS Service, iBLURBS may, at any time and from time to time, at our sole option, monitor and inspect their BLURBS. If iBLURBS find or become aware or believe that CUSTOMER may be in breach of Section 4.1, iBLURBS may, without prior notice, take either of the following actions: (a) suspend or permanently disable the Web Hosting Service or any part of it; or; (b) terminate the Contract for breach.

5.2. iBLURBS is not responsible for any material, data, images or information transmitted, used, communicated, passed over or received, through or on the Web Hosting Service. In particular, iBLURBS do not warrant the quality or accuracy of such material, data, images or information and iBLURBS assume no liability if they contain any Offending Materials. CUSTOMER’S use of such material, data, images and information is solely at CUSTOMER’S own risk and is subject to all applicable laws, regulations, codes of practice and acceptable use policies.

5.3. CUSTOMER will, at their own expense, obtain all necessary content, including any materials, data, images, or information necessary for their use of the Service and CUSTOMER will be responsible for ensuring that any and all content they place on their website complies at all times with the requirements of this Contract.

Schedule B – Fees

1. COST. The cost of all BLURBs will be £5/month each. This charge is for BLURBS up to a size of 300Kb and up to 1,000 impressions/month. Discounts are available for Resellers and bulk discounts are also available.

2. SIZE ALLOWANCE. Any BLURBS exceeding the size of 300Kb will be available at £10/month up to 600Kb and thereafter, by negotiation.

3. IMPRESSION ALLOWANCE. There will be an impression allowance of 1,000 impressions per month on hosted blurbs. An impression is defined as a dynamic display of that BLURB on a web page. The number of impressions used will be monitored and the customer will be emailed as the limit is approached. The limit may be extended, in steps of 1,000/month, for an extra charge of £5 per step per month.

4. CHARGE DATE. Any BLURB will be chargeable on the date that it is made available for use and every month thereafter until it is taken out of service.

5. METHOD OF PAYMENT. When the CUSTOMER signs the initial ORDER they will agree to allow iBLURBS to either, debit their credit card account monthly or annually, by the amount equal to the charges on their active BLURBS or, to invoice them monthly/annually for this amount.

All accounts are set up on a prepay basis. Although iBLURBS reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment.

The first BLURB activated by any new customer will fix the charge date for that customer. Any subsequent BLURBS will be billed for on this date, the first charge being a part period. Monthly billing will be every 30 days, annual billing will be every 365 days. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.

As BLURBS will be paid for in advance, any excess charges incurred due to exceeding the size or impression restriction, will be charged in arrears each month.

In situations where the card number on file is declined iBLURBS will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, iBLURBS reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

Bills or invoices will not be sent by regular mail to customers paying online. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically. Copies of invoices will be available online.

All payment is in UK sterling.

6. PAYMENT OPTIONS. In order to streamline our accounting procedures and keep costs down iBLURBS runs a limited number of payment options.

Credit/Debit Cards: iBLURBS accepts Mastercard, Visa (not Visa electron), Switch and Solo.

Cheque Payment: This option is only available to customers who pay annually for their iBLURBS account. iBLURBS cannot guarantee that a service will be provided until after any received cheques have been cleared.

7. BLURB TERMINATION. Should a CUSTOMER wish to cease using a BLURB before the time paid for expires, there will be no refund of the unused charges.

8. RESELLERS. A reseller is a website developer who will use the facilities of iBLURBS to develop a website for a customer, creating BLURBS that will subsequently be maintained by that customer as an iBLURBS license holder. A reseller will have access to the iBLURBS facilities at no charge during the period of development as the BLURBS will not be active. The reseller will then be charged at £3/month for hosted blurbs and £2/month for local blurbs. There is also an extra 15% for all blurbs purchased on the reseller's account.