WMDC COMMUNITY WEB

TERMS AND CONDITIONS

1. ACCEPTANCE

1.1. The Service is provided by WMDC to the Site Holder in accordance with this Agreement.
1.2. WMDC may at any time vary the provisions of this Agreement.
1.3. Any variation in accordance with Clause 1.2 shall be communicated to the Site Holder in writing and shall take effect from the date of the Site Holder’s acceptance to that variation.

2. DURATION

2.1. This Agreement shall commence on the Acceptance Date and shall remain in force until terminated in accordance with Clause 8.

3. DEFINITIONS

3.1. In this Agreement except where a different interpretation is clear from or necessary in the context the following terms shall have the following meanings:

“Acceptance Date” means the date on which the Site Holder accepts the terms and conditions of this Agreement;
“Administrator” means the person or persons, including but not limited to WMDC employees and members of any specified voluntary organisation appointed by WMDC to control and administer the Service;
“Agreement” means the agreement between the Council and the Site Holder consisting of these terms and conditions;
"Body" means any Person who operates on a not for profit, non-commercial or charitable basis or any Person who in the opinion of the Administrator is otherwise entitled to participate in the WMDC Community Web;
“Community Partner” means any Body which provides services or facilities which promote the Well-being of the Wakefield District and which is not an Excluded Body;
“Content” means any data, text, drawing, diagram, image, sound, video or other information;
“Excluded Body” means any Person who operates on a profitable, commercial or non-charitable basis or any Person who in the opinion of the Administrator is otherwise not entitled to participate in the WMDC Community Web and any former Site Holder who has been excluded from the Service in accordance with Clause 9;
“Noticeboard” means those sections of the WMDC Community Web on which a Site Holder may Upload information and events;
"Person" means any person, group, organisation, club, society, company or other body;
“Service” means the WMDC Community Web, a web hosting service (and any new release incorporating modifications, alterations, enhancements or replacements to this service) provided by WMDC in conjunction with Cravenplan Computers Limited which enables Community Partners to create and maintain Web Space;
“Site Holder” means a Community Partner who has been issued with a User ID and Password by the Administrator;
“Upload” means to enter, post, transmit or otherwise make available on the WMDC Community Web;
“Uploaded” shall be construed accordingly;
“User” means any person who visits, views or otherwise utilises the Service;
“Web Space" means that 10MB section of the WMDC Community Web which has been allocated to the Site Holder;
“Well-being” means the social, economic, environmental, health, educational and cultural well-being of the inhabitants;
“WMDC” means the Council of the City of Wakefield;
“WMDC Community Web” means the Service provided by WMDC;
“www.wdco.org” means the unique address at which the WMDC Community Web can be found including any subsequent address;

4. THE SERVICE

4.1. The Service shall encourage, promote and sustain the Well-being of the Wakefield District through the creation of a single access point to a comprehensive range of information on the Wakefield District.
4.2. The Service shall not discriminate against people because of: age, disability, colour, ethnic cultural or national origin, nationality, race, religious belief, social class, gender, gender reassignment, marital status, responsibility for dependants, trade union or political activity, sexual orientation, language, asylum or refuge and employment status, spent convictions, low income and any other disadvantaged group and those facing multiple discrimination.
4.3. The Service shall be maintained and regulated by Administrators in order to protect the integrity of the Service and avoid offence or upset to any person, group, organisation, society or other body.
4.4. The Service shall only be offered to Community Partners.
4.5. The Service shall not be offered to any Excluded Body.
4.6. The decision of the Administrator upon whether an applicant is a Community Partner or an Excluded Body is final.
4.7. A Community Partner who is eligible for the Service shall, upon acceptance of this Agreement, become a Site Holder.
4.8. The Site Holder shall be provided with Web Space on which the Site Holder may Upload Content.
4.9. If the Site Holder exceeds the Web Space storage limit, the Administrator shall contact the Site Holder and request removal of any Content Uploaded in excess of the storage limit. If the Site Holder fails to comply with this request, the Administrator shall immediately remove Content of the required amount.
4.10. The Site Holder may increase the Web Space storage limit with the written agreement of WMDC and subject to payment of the relevant fee.
4.11. The Site Holder may also Upload Content to a Noticeboard.
4.12. The Site Holder shall not:
(a) impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with any person or entity;
(b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(c) directly or indirectly charge a User specifically for accessing their Web Space
(d) collect personal data from a User without the express permission to do so from that User;
(e) have more than one Web Space without the express and prior written permission of WMDC;
(f) use the Service in any manner or form which results in any person obtaining unauthorised access to the Service.

5. CONTENT

5.1. This Clause applies to any Content which is Uploaded by a Site Holder to the Web Space or a Noticeboard.
5.2. The Site Holder is fully liable and solely responsible for all Content Uploaded to the Service, whether publicly posted or privately transmitted.
5.3. The Site Holder shall not directly or indirectly suggest any endorsement or approval of their Content, or any views expressed within that Content, by WMDC.
5.4. The Site Holder shall not Upload Content which:
(a) promotes, encourages or facilitates illegal activity, anti-social behaviour, the use of illegal substances, violence, physical harm or injury to person or property, cruelty to children or animals, terrorism or any activity which puts UK national security at risk;
(b) incites hatred whether based on race, religion, gender, sexuality or other grounds;
(c) discriminates against any specific person, social group or otherwise exploits vulnerable sections of the community;
(d) is misleading, abusive, pornographic, defamatory, slanderous, obscene, offensive or otherwise actionable under UK law;
(e) infringes any copyright, patent or trademark;
(f) infringes individual privacy;
(g) is duplicated in any way which may affect the credibility or functionality of the Service;
(h) contains a software virus or any other computer code, files or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) comprises unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of information which may undermine the reputation, credibility or functionality of the Service;
5.5 The Site Holder shall not Upload, or use Web Space to engage in, commercial activities, which may include but is not limited to:
(a) offering for sale a product or service;
(b) promoting a service for which a charge is, or may be, applicable where that service does not have a charitable, fundraising or other not for profit purpose;
(c) conducting a raffle or other contest which requires an entry fee where that raffle or other contest does not have a charitable, fundraising or other not for profit purpose
(d) displaying a banner or hyperlink for a non-charitable service which provides cash or cash-equivalent prizes to the Site Holder in exchange for displaying that banner or hyperlinks.
5.6 The decision of the Administrator upon whether an activity is a commercial activity for the purposes of Clause 5.5 is final.
5.7 The Site Holder may provide a hyperlink or reference to a Third Party site or resource provided only that the Content of that Third Party site or resource complies with this Agreement.
5.8 Where the Site Holder does provide a hyperlink or reference to a Third Party site or resource in accordance with Clause 5.7, WMDC shall not be responsible for the availability, liability, Content, product, material or other information on that Third Party site or resource.

6 REMOVAL OF CONTENT

6.1 The Administrator shall have the absolute right to remove immediately and without notice to the Site Holder any Content which has been Uploaded in breach of Clause 5 or which is in the opinion of the Administrator otherwise offensive or objectionable.
6.2 The decision of the Administrator upon the removal of Content is final.
6.3 Where Content has been removed in accordance with this Clause, the Administrator shall issue a written warning to the Site Holder.
6.4 Where the Site Holder repeatedly Uploads Content which requires removal by the Administrator in accordance with this Clause, this Agreement may be terminated and the Site Holder may thereafter be excluded from the Service for either a defined period of time or indefinitely.

7 INACTIVITY

7.1 In the event that the Site Holder fails to Upload or update Content to their Web Space for a continuous period of twelve (12) months, the Administrator shall notify the Site Holder of the inactivity and request a response as to whether the Web Space is operational or dormant.
7.2 If the Web Space is operational, this Agreement shall continue.
7.3 If the Web Space is dormant or the Site Holder fails to respond to the Administrator within two (2) weeks of notification, this Agreement shall be terminated in accordance with Clause 8.

8 TERMINATION

8.1 WMDC shall have the absolute right to terminate this Agreement at any time with or without notice to the Site Holder.
8.2 WMDC shall have the absolute right to discontinue the Service, either temporarily or permanently, at any time with or without notice to the Site Holder.
8.3 The Site Holder may terminate this Agreement through giving reasonable notice of the same in writing to WMDC.

9 CONSEQUENCES OF TERMINATION

9.1 Upon termination of this Agreement, the Administrator shall remove, delete and discard all Content Uploaded by the Site Holder to the Web Space and any Noticeboard.
9.2 Following termination of this Agreement, the Administrator may exclude the Site Holder from the Service for either a defined period of time or indefinitely.
9.3 WMDC shall not be liable to the Site Holder, any User or any third party for termination of this Agreement.

10 OWNERSHIP AND INTELLECTUAL PROPERTY

10.1 All title, ownership rights and intellectual property rights which exist in relation to the Service shall vest or remain in WMDC.
10.2 All title, ownership rights and intellectual property rights which exist in relation to Content Uploaded by the Site Holder shall vest or remain, to the extent that the Site Holder has authority to claim such title, in the Site Holder.
10.3 WMDC grants the Site Holder a personal, non-transferable and non-exclusive right and license to access the Service for the duration of this Agreement.
10.4 The Site Holder shall not copy, modify or recreate the Service nor sell, assign, sub-licence or otherwise transfer any right to use the Service to any person.
10.5 By Uploading Content, the Site Holder shall grant to WMDC for the duration of this Agreement the world-wide, royalty free and non-exclusive licence to use the Content for any purpose of the Service.

11 DATA PROTECTION AND PRIVACY

11.1 WMDC shall treat any personal information about the Site Holder obtained for the purpose of the Service in accordance with the provisions of the Data Protection Act of 1998. This personal information shall be stored on the WMDC Community Web and accessed solely by the Administrator for the purpose of contacting the Site Holder in relation to the Service.
11.2 WMDC shall not disclose any personal information about the Site Holder to a third party without the consent of the Site Holder.

12 FREEDOM OF INFORMATION

12.1 The Site Holder acknowledges that WMDC is subject to the requirements of the Freedom of Information Act 2000 and shall assist and co-operate with WMDC (at the Site Holder’s expense) to enable WMDC to comply with these information disclosure requirements.

13 CONFIDENTIALITY

13.1 The Site Holder and WMDC shall keep confidential all matters relating to this Agreement and shall use all reasonable endeavours to prevent the disclosure to any person of any matter relating to this Agreement.

14 ASSIGNMENT

14.1 WMDC reserves the right to assign its rights under this Agreement to a not for profit or non-commercial or charitable organisation created expressly for the purpose of managing the services.
14.2 The Site Holder shall not assign, charge, sub-licence, sub-contract or otherwise deal with all or any of its rights or obligations under this Agreement either in whole or in part.

15 RIGHTS OF THIRD PARTIES

15.1 Nothing in this Agreement confers or purports to confer on any third party any right to enforce any term of this Agreement.

16. PARTNERSHIP

16.1 Nothing in this Agreement shall be construed as creating a partnership, an agreement of employment or a relationship of principal and agent between WMDC and the Site Holder.

17. CIRCUMSTANCES IN WHICH THE SERVICE WILL NOT BE PROVIDED

17.1 WMDC shall not be required to provide the Service to the extent and for so long as it is prevented from doing so by any circumstances beyond its reasonable control, including but not limited to the unavailability of access to the internet, the failure of third party software, systems, equipment, networks, suppliers and subcontractors.

18. WHOLE AGREEMENT

18.1 This Agreement constitutes the entire agreement between the parties relating to the subject matter of the Agreement and each party acknowledges that it has not relied upon any oral or written representation to it by the other.

19. DISCRIMINATION

19.1 The parties shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976, the Sex Discrimination Acts 1975 and 1986 and the Disability Discrimination Act 1995 and shall take all reasonable steps to ensure that the Service does not unlawfully discriminate.

20. CHOICE OF LAW

20.1 This Agreement shall be governed by, construed and take effect in accordance with English law and the English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.

21. WARRANTIES, INDEMINITIES AND LIABILITIES

21.1 The Site Holder warrants and represents that:
(a) all personal information provided to WMDC is true, accurate, complete and up to date.
(b) the Site Holder shall fully comply with this Agreement and any and all laws and regulations applicable to the Service and this Agreement.
21.2 WMDC shall not be directly or indirectly responsible or liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on the Service or any third party site or resource.
21.3 The Site Holder shall fully indemnify WMDC against any and all losses, expenses, damages or claims including reasonable legal fees and litigation expenses whether directly or indirectly caused which may result from the Site Holder’s use of the Service or breach of this Agreement.
21.4 The Service is provided by WMDC as is without any representation, endorsement or warranty of any kind, whether express or implied by law, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy of Content.
21.5 WMDC excludes, to the maximum extent permitted by law, any and all warranties, representations and terms which may otherwise have been implied into this Agreement by law or otherwise.
21.6 WMDC does not warrant that:
(a) the Service shall be available or uninterrupted or secure or error free;
(b) defects in the Service will be corrected or that www.wdco.org or the server that makes it available are free of virus or contamination or represent full functionality, accuracy or reliability.

22 WAIVER

22.1 A failure or delay by either party to exercise any right or remedy under this Agreement shall not constitute a waiver of that right or remedy.
22.2 A waiver shall be ineffective unless it is communicated by one party to the other in writing.
22.3 A waiver of any right or remedy arising from a breach of this Agreement shall not constitute a waiver of any right or remedy arising from any other breach of this Agreement.

23 SEVERABILITY

23.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, that provision shall be severed and the remainder of this Agreement shall continue in full force and effect as if the Agreement had been executed with the invalid, illegal or unenforceable provision eliminated.



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