Conditions for BT Openzone Service - Service Schedule

1 Definitions

In addition to the definitions included in the Conditions, the following definitions will apply to the Contract in respect of BT Openzone:

"Acceptable Use Policy" means BT's policy for the use of the Service, a copy of which will be provided on request.

"BT Network" means BT's communications network used to provide the Service from the Site to the Internet or, if applicable, the Customer Network.

"BT Openzone Web Page" means www.bt.com/openzone or such other URL as BT may from time to time advise."Customer Network" means the Customer's communications network including its LAN and any intranet services.

"Helpdesk" means BT's contact point for fault reporting and service support.

"Internet" means the global data network comprising interconnected networks using the TCP/IP protocol suite.

"IP" means Internet Protocol.

"LAN" means local area network.

"URL" means a uniform resource locator.

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2 Service Description

2.1 BT Openzone is a wireless data service using radio frequency to access a Site. Fixed line connections from the Site connect the Customer to the BT Network and subsequently on to the Internet or, if applicable, the Customer Network.

2.2 The Service includes connection to the BT Network and if required the Internet but does not include a connection from the BT Network to any Customer Network or any services once the Customer is connected to the Internet.

2.3 When a Customer is located within the radio frequency coverage area of a Site it may connect to the Service using its computing equipment and login name and password.

2.4 The Service is dependent on the suitability of Customer's computing equipment and, if applicable, the Customer Network. The Customer's computing equipment or the Customer Network is not provided as part of this Service.

2.5 Due to the nature of the Service the Customer acknowledges and accepts that BT does not guarantee the security of the Service against unlawful access or use. The Customer should also ensure adequate internal security policies are implemented to stop unlawful access to or use of the Service.

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3 Delivery Of The Service

3.1. Provisioning

3.1.1 BT will provide the Customer with login names and passwords to use the Service.

3.1.2 BT provides a list of Sites offering availability of the Service published at the BT Openzone Web Page.

3.2 Fault Reporting

3.2.1 BT will provide a Helpdesk for the reporting of faults in the Service. The hours of availability of the Helpdesk will be as published at the BT Openzone Web Page. Upon initial fault diagnosis by BT, those faults that in BT's opinion are not attributable to the Service will be referred back to the person who reported the fault.

3.2.2 BT will take all reasonable steps to ensure that the Service meets an acceptable service standard but no specific guarantees of service standards are offered in respect of the Service. In particular BT offers no guarantee or warranty for the performance of the Internet or the Customer Network.

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4 Customer Responsibilities

4.1 The Customer is responsible at its own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless LAN and associated software and configurations for use with the Service.

The Customer is responsible for the security and proper use of all login names and passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

4.3 The Customer must immediately inform BT if there is any reason to believe that a login name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in a manner not authorised by BT.

4.4 The Customer must not change or attempt to change a login name. If a Customer forgets or loses a password or login name the Customer must contact BT and satisfy such security checks as BT may operate.

4.5 BT reserves the right to suspend login names and password access to the Service if at any time BT considers that there is or is likely to be a breach of security.

4.6 BT reserves the right (at its sole discretion) to require the Customer to change any or all of the passwords used by the Customer in connection with the Service.

4.7 The Customer must immediately inform BT of any changes to the information the Customer supplied when registering for the Service.

4.8 The Service does not prevent the Customer implementing additional security eg. firewalls on the Customer's equipment or networks.

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5 Use Of The Service

5.1 The Service must not be used:

  1. to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
  2. to cause annoyance, inconvenience or needless anxiety;
  3. to send or provide or receive unsolicited advertising or promotional material;
  4. other than in accordance with the Acceptable Use Policy, the acceptable use policies of any connected networks and the Internet standards;
    or

5.2 If the Customer or anyone else, with or without the Customer's knowledge or approval, uses the Service:

  1. in contravention of paragraph 5.1 of this Service Schedule; or
  2. in any way which, in BT's opinion, is, or is likely to be, detrimental to the provision of the Service to the Customer or any other customer and fails to take corrective action within a reasonable period of receiving notice from BT,

BT may treat this as a material breach of the Contract that cannot be remedied for the purposes of paragraph 16 of the Conditions.

5.3 The Customer acknowledges that BT has no control over the information transmitted via the Service and that BT does not examine the use to which customers put the Service or the nature of the information they are sending or receiving. BT excludes all liability of any kind in relation to such information and use.

5.4 The Service and any associated software BT provides are intended for the Customer's own use only. The Customer must not re-sell, transfer, assign or sub-licence the Service (or any part of it) or the associated software to any one else.

5.5 Subject to paragraph 12 of the Conditions, BT is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including internet registration authorities) or for faults in or failures of their equipment.