Terms of Use

Terms effective from Friday, 21st September 2007

British Telecommunications plc ("BT") Terms for use of the BT website at web21c.bt.com (the "Web21C SDK website")

What we provide

1. These Terms apply to your use of the Web21C SDK website and the services available from it.
2. Sometimes, we will need to change the terms and conditions for use of the Web21C SDK website and the services available from it. We will publish details of all changes online at web21c.bt.com.

The Services

3. Through the Web21C SDK website, BT makes available to you a range of software tools, documentation, samples and capabilities (the "SDK") together with access to the Web21C SDK website forums (collectively, the "Services"). You must register before you are able to access the Services, which are subject to these Terms.

Use of the SDK

4. BT grants to you the non-exclusive right to use a range of developer tools (individually and together known as the SDK) solely for the purpose of exploiting certain imbedded capabilities. The SDK is in "Use" on a computer when it is loaded into temporary memory (RAM) or installed onto permanent memory (such as hard-disk, CD-ROM, or other storage device).
5. You are not allowed to copy (except for a single backup) or assign or transfer your rights in the SDK. BT reserves for itself the exclusive right to modify or improve the SDK. In this regard BT may from time to time provide new releases and updates to the SDK, at BT's sole and absolute discretion. Updates and new releases can be found on the BT website at web21c.bt.com.
6. All rights not expressly licensed herein are reserved exclusively for BT and its licensors.
7. The SDK is provided to you 'as-is'. BT has taken all reasonable care to ensure the SDK functions correctly and contains no errors, viruses or defects but do not warrant that this is the case. BT shall not be liable or responsible for the code written for the purpose of exploiting the SDK or the capabilities. BT shall not be liable or responsible in any way for the poor performance, unavailability or malfunction of any of the capabilities exposed through the SDK.
8. By downloading, installing or using the SDK you accept all risks and acknowledge that BT can not be held responsible for the installation download or operation of the SDK or the capabilities on your computer or in your product. BT is not responsible for the operating system or application software through which the SDK operates.
9. Use of the SDK requires the installation of digital certificates to identify BT's servers to identify the installed copy of the SDK and to help BT achieve a level of security. Running the Web21C certificate generator tool built into the SDK installer (also available separately) will create and install the required certificates. By downloading and installing the SDK or the separately available certificate generator tool you give BT permission to install these certificates on your computer.
10. You are advised to ensure that you take regular precautions to protect your computer from virus infection and to make back-up copies of your data and applications before commencing installation of the SDK.
11. You agree to follow any reasonable instructions that we may give you in relation to the Services.

Using the Services

12. You must not use the Services or allow the Services to be used:
    1. in any way which is unlawful or in contravention of any licence, third party rights, or in contravention of our Acceptable Use Policy. This is located at web21c.bt.com and may be amended from time to time;
    2. to send offensive, indecent, menacing, nuisance or hoax messages or to cause annoyance, inconvenience or needless anxiety;
    3. to send, knowingly receive, upload, download, or use any material which is offensive, abusive, incident, defamatory, obscene or menacing; or
    4. in any way which we reasonably think is, or is likely to be, detrimental to the provision of the Services to you or any of our customers.
    5. to make voice calls or conference calls to or from non-verbal participants, such as faxes and pagers, or automated answering services or information provision services
    6. to make voice calls or conference calls to or from satellite comunications and personal numbering systems
    7. to make voice calls or conference calls to or from emergency services
    8. to make voice calls or conference calls to or from premium rated numbers
    9. to make voice calls or conference calls to or from numbers associated with or for fraudulent or illegal purposes
13. We take the misuse described in paragraph 12 very seriously, and you agree to take all reasonable steps to make sure that it does not happen.
14. The SDK may contain content or software licensed by others who ask you to accept their terms of use, in which case you must keep to these terms.
15. You are responsible for the security and proper use of any user IDs, passwords and digital certificates required to use the Services, if any, and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

Other things we may need to do

16. Occasionally, for operational reasons we may have to:
    1. interrupt access to the Services and if we do so, we will restore them as quickly as we can;
    2. make changes to certain technical specifications, including data-transfer limits and usage limits associated with the Services;
    3. add items to and remove items from the library of Services that you can access through the Web21C SDK website; and
    4. occasionally give you instructions which we may believe are necessary to safeguard the security or quality of the Services.

Our responsibility to you

17. We cannot guarantee that the Web21C SDK website and the Services will always be available or that the Services will never be faulty.
18. You acknowledge that the Services are in development and so TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW in no event will BT be liable for any loss or damage whatsoever whether direct, indirect or consequential (including, without limitation, damages for loss of data, loss of revenue or anticipated profits, business interruption, loss of business, loss of business information, loss of opportunity or any other pecuniary loss) arising out of the use, or inability to use, this SDK and the Services, even if BT has been advised of the possibility of such losses or damages.

Matters beyond our reasonable control

19. Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. In these cases, we do not accept responsibility for what has happened.

Ending or suspending the Web21C SDK website and/or Services

20. We may suspend or end the availability of the Services, or remove the Web21C SDK website, community and SDKs, at any time without notice. If we suspend the Services or end the agreement for the Services, we will tell you if you need to do anything before we reinstate it. We do not warrant that any reinstatement will occur. We reserve the right to terminate your use of the services at any time.

Modifications to this Agreement

21. Web21C SDK reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service.
    1. Use of the Services signifies the Subscriber's agreement to all terms, conditions, rates, and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber.
    2. If the Subscriber does not agree to the changes, the Subscriber shall immediately cease all use of the Services.

Other things we need to tell you

22. You accept that the agreement for the Services is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
23. We are not responsible for any links to third party websites (or the content of those websites) which may be available from the Web21CSDK website from time to time.
24. During registration and at other times we may need to use your personal details. Please see our Privacy Policy at web21c.bt.com for further details. When we need to contact you, we will use your address, email address, mobile or fixed phone number. Please contact us at web21c.bt.com or any other (email) address or phone number we have given to you for that purpose.
25. You will indemnify us in full from and against all claims, actions, damages, proceedings, demands, losses, and reasonable costs and expenses incurred by us arising out of your use of any of the Services in breach of this agreement.
26. These Terms are governed by English law and BT and you submit to the exclusive jurisdiction of the English courts.

Service Outages:

27. If an Eligible Client experiences Web21C Service Outages totaling more than 1 hour in a calendar month, Client shall receive a credit as set forth below. The credit will be applied against the clients purchased applicable credits to the Service or Services directly affected by such an Outage. No credits will be granted in respect of any Outage unless requested by Client, either in writing or by email, within five (5) calendar days of such Service Outage. The following credits are Client's sole and exclusive remedy for Web21C's outage, and are Client's sole and exclusive remedy for any Service Outage or other defect or failure in service.
28. Service outage credits shall be granted based on the below:
    • For Service Outages in any given calendar month exceeding 1 hour, the client's eligible credits will be increased by double the amount of credit cost by the effected service per incident, up to 10% of total unused credit balance.
    • In no event may credits given for outages exceed purchased credits. Simultaneous outages of more than one Service shall be considered a single outage.

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