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Privacy policy

Fresh Egg Limited is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Fresh Egg Limited is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Fresh Egg Limited may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 28th April 2011.

1. What we collect

We may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

2. What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

3. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

4. How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use analytics cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and this does not include any personally identifiable information.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

5. Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

6. Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@freshegg.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Fresh Egg Limited 1-13 Buckingham Road Worthing West Sussex BN11 1TH. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

V1 05/2011

Fresh Egg Limited (company number 3950929). Registered in England. Registered office address: 1-13 Buckingham Road, Worthing, West Sussex, BN11 1TH

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Terms and conditions

1. Definitions

"Associate" means any consultancy firm, company or individual that the Company may engage to work on the development and delivery of the Services.

"Acceptable Use Policy" means the policy in force from time to time by the Company to ensure all content in use by the Customer as part of the Services meets all UK legal requirements and the Company's own ethical standards.

"Company" means Fresh Egg Limited (UK Company Number: 03950929)

"Customer" means the organisation stated in the Project Agreement.

"Due Date" means the date specified for the payment of Monthly Costs and Fees in these Terms and Conditions

"Fees" means the charges made by the Company, including its Associates, to the Customer as stated in the Project Agreement.

"Party(ies)" means the Customer and Company who has signed the Agreement.

"Project" the products and services to be delivered to the Customer as described in the Project Agreement.

"Project Addendum" means the document signed by both Parties that details the changes to the Project Agreement.

"Project Agreement" means the document signed by both parties confirming the quotation accepted by both Parties.

"Project End Date" means the date specified in the Project Agreement when the Project will end.

"Website" means the website designed, developed, hosted and managed by the Company for the Customer.

"Monthly Costs" means the monthly costs for the Services specified in the Project Agreement

"Services" means the services defined in the Project Agreement to be provided by the Company to the Customer including but not limited to website creation, e-mail, web hosting, search engine optimisation (SEO), analytics and insight.

"Terms" means these Terms and Conditions

"Third Party Services" means those services provided by Third Party Service Suppliers which are necessary or appropriate to the provision of the Services as detailed in the Project Agreement.

"Third Party Service Suppliers" means any third party, other than Associates, used by the Company at its sole discretion to provide Third Party Services.

2. Introduction

2.1 These Terms and Conditions ("Terms") and the Project Agreement (together with any document specifically referred to in either as constituting part of the Agreement) shall constitute the entire agreement ("Agreement") between the Parties in relation to the provision of Services and supersedes any and all previous agreements entered into between the Parties. No representation, warranty or other statement (whether in writing or otherwise) made by the Company shall be of any effect (and is expressly disclaimed by the Company) unless it has been specifically reduced into writing and set forth in the Terms or the Project Agreement.

2.2 The Agreement shall not come into effect until the Project Agreement has been signed by a director of the Company and a director or partner of the Customer or some other person with the appropriate authority on behalf of the Customer. The Customer shall have accepted the Project Agreement by signing it or by accepting the provision of Services specified therein.

2.3 In the event of any conflict between the Terms and the Project Agreement, the Project Agreement shall take precedence over the Terms.

3. Services

3.1 The Company shall provide the Services specified in the Project Agreement to the Customer.

3.2 The Company shall allocate the Monthly Costs and Fees to Third Party Service Suppliers and Associates, if appropriate, and in such proportions as the Company shall think fit, having regard to the size of the Monthly Costs and Fees and the interests of the Customer. The Company may change the proportion of the Monthly Costs and Fees allocated to any Third Party Service Supplier and Associate during the course of any month as it shall think fit.

4. Responsibilities of the Company

4.1 Facilities

The Company shall provide the necessary computer equipment, communications facilities, software tools, stationery and other consumables that the Company requires to perform the Services as part of the Project Agreement, unless otherwise specified.

4.2 Supervision of the Company's staff and Associates The Company may assign any of its staff or Associates it considers appropriate to provide the Services and the Company shall be responsible for the conduct and the quality of work carried out by its own staff and that of its Associates.

4.3 Reports

The Company shall produce reports to the Customer, in the format specified in the Project Agreement, as and when reasonably required by the Customer.

4.4 Suspension of Services

The Company may from time to time suspend Services under the Agreement to carry out any work to upgrade or maintain the Company's network, having provided at least five days notice in writing of its intention to do so, whenever practicable to do so.

4.5 Website Creation

If a project timescale has been agreed with the Customer, the Company cannot be held liable for any costs incurred or loss of revenue by the Customer if a deadline has not been met, for whatever reason.

4.6 Domain Name Registration

The Company acts on behalf of the Customer to register and renew domain names. It is the Customer's responsibility to ensure that they adhere to the terms and conditions set out by the Naming Authority for Domain Names and that the Domain Name is renewed when it is due if the Customer wishes to retain the use of the Domain Name.

4.7 Rescheduling the Services

In the unlikely that the Company requests information from the Customer for the purpose of delivering services on the critical path, as previously identified and agreed by the parties, and the customer fails to deliver to the Company such information within five working days of such request, the Company reserves the right to suspend all work on the development or delivery of the Services and reschedule the development or delivery of the Services once the customer has complied with the Company’s request.

5. Fees

5.1 The Customer shall pay the Monthly Costs and Fees specified in the Project Agreement, plus VAT at the applicable rate.

5.2 Unless otherwise agreed in any Project Agreement, the Company shall invoice the Customer for the Monthly Costs and Fees, and any applicable VAT, in advance on the 1st day of each month for the following month. The Customer shall provide the Company with cleared funds for the amount of that invoice within 30 days of invoice date, but in any event, before the first day of the month in which the Services are to be provided.

5.3 If the Customer fails to comply with Clause 5.2, the Company shall be under no obligation to provide the Services for that month, so long as the Monthly Costs and the Fees remain unpaid. Where Monthly Costs and Fees are paid late, the Company shall not be liable for failing to meet any pre-agreed deadlines, which shall be adjusted as necessary from the date payment is received.

5.4 Prior to incurring any additional costs in the event of any suspension pursuant to clause 4.7, the Company will make every reasonable effort to notify the Customer of any additional costs which may be associated with restarting the development or delivery of the Services, and the parties will reasonably agree such costs in writing before the Company incurs such costs.

6. Copyright and Intellectual Property

6.1 Company and the Customer acknowledge that each party owns intellectual property, including but not limited to copyright and trademarks, including their respective business processes, procedures, and systems, at the date of this agreement which ownership will remain and be unaffected by this Agreement

6.2 Subject to Clause 6.3, all copyright and trademarks produced by the Company for the sole use of the Customer under the Agreement which is the property of the Company shall remain the property of the Company until all monies due to the Company under the Agreement have been paid up to the Project End Date. Upon the Company receiving all outstanding monies, the Company shall assign all such copyright and trademarks to the Customer

6.3 The copyright and intellectual property in any software and content used by the Company to provide the Services for the Customer under the Agreement, which belongs to the Company or another third party, shall at all times remain the property of the Company and any such third party, and the Company shall grant a non-exclusive licence to use such software and content to the Customer but only in connection with the Services for the duration of the Agreement.

6.4 Any copyright, trademark or other intellectual property provided by the Customer for use by the Company in connection with the Services which is the property of the Customer shall remain the property of the Customer and the Customer shall grant a non-exclusive licence of such intellectual property rights to the Company for the duration of this Agreement.

6.5 If any copyright, trademark or other intellectual property provided by the Customer for use by the Company in connection with the Services is the property of any third party and is not held by the Customer under licence, the Customer shall procure that all necessary consents, authorisations or licences to allow the use by the Company of such copyright, trademarks or other intellectual property in connection with the Services are obtained prior to the commencement of the Services.

6.6 Where any copyright, trademark or other intellectual property provided by the Customer for use by the Company in connection with the Services is held by the Customer under licence ("the Master Licence"), the Customer shall licence such copyright, trademark or intellectual property to the Company at no cost, on the same terms as the Master Licence and the Customer warrants that it is entitled to do so.

6.7 The Customer shall indemnify the Company in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by the Company as a result of or in connection with any breach by the Customer of clauses 6.5 and 6.6.

7. Confidentiality

7.1 The Company and the Customer agree to treat any company information received from the other which is confidential or proprietary in nature or which is specified by the Party providing the information as being confidential with the same degree of care and diligence with which they treat their own information that is of a confidential and proprietary nature and shall not disclose the same to any person, firm or company without the disclosing Party's consent unless required by law. The provisions of this clause shall survive the termination of the Agreement for a period of five(5) years, but the restrictions contained in this clause cease to apply to any information which is in the public domain.

8. Changes to the Project Agreement

8.1 If the Company wishes to make any changes to the Project Agreement, including the Third Party Supplier, Monthly Costs and Fees, timescales and resources, the Company shall give notice in writing to the Customer of the changes it wishes to make. The Company shall within 7 days of such notice inform the Customer of the impact of the proposed changes in writing.

8.2 If the Customer accepts the impact of the proposed changes notified to it by the Company in writing, the changes shall be set out in a written document ("Project Addendum") which shall be executed by a director of the Company and a director or partner of the Customer or some other person with the appropriate authority on behalf of the Customer, which document shall also form part of the Agreement.

8.3 If there is any change to the Services causing an increase in Monthly Costs and Fees under this clause 8 during any calendar month and such change is to take effect immediately, the Company shall provide to the Customer, as soon as possible after the execution of the Project Addendum, with an invoice setting out the amounts due to the Company which must be settled by the Customer within 30 days of the invoice date.

8.4 If the Customer rejects the changes proposed by the Company in writing, the Company may at its discretion give notice to the Customer to terminate the Agreement in writing subject to the provision of clause 11.1.1.

8.5 The Customer may request a change to the Project Agreement in writing to the Company. If the Company accepts the change, a Project Addendum will be prepared by the Company and signed off by each Party's authorised representative. In the event that the change request from the Customer is not accepted by the Company the Project Agreement in force, prior to the change request, will remain in force until the date the Agreement terminates, or unless subsequently changed using the Project Addendum.

9. Warranties

9.1 Services provided by the Company:

9.1.1 The Company warrants that the Services will:

(a) be provided in a skillful, competent, and workmanlike manner;

(b) be delivered to the Customer in conformity with the specifications in the relevant Project Agreement,including the relevant proposal and any other relevant written agreement by the parties.

9.1.2 the Company warrants that it will use all reasonable endeavours to select and use the Third Party Service Suppliers and Associates, if required, that are most appropriate for the Services and the Customer, but for the avoidance of doubt the Company does not warrant that such Third Party Service Suppliers and Associates will be the best or cheapest.

9.1.3 The foregoing warranties are exclusive and in lieu of all other warranties, whether expressed or implied, written or oral, statutory or otherwise.

9.2 Services procured for the Customer by the Company The Company will not be liable for any defects in Third Party Services supplied by or procured for the Customer by the Company from any Third Party Service Supplier, except insofar as the Company has the benefit of any warranties as to the Third Party Services from that Third Party Service Supplier, in which case the Company will make all reasonable efforts to assign to the Customer all such warranty rights, and the Customer's sole claim to redress for any defects in those services will be against the Third Party Service Supplier.

10. Limitation of Liability

10.1 Any claim under the Agreement by the Customer shall be notified to the Company in writing within 28 days from the end of the month in which the Services were provided. If the Customer does not notify the Company of its claim in accordance with this clause, the Company shall have no liability under the Agreement.

10.2 The Company cannot accept any liability for attacks on the Customer's Website from viruses, hacking or any other third party attempt to disrupt the normal working of the Website.

10.3 Under no circumstance shall the liability of the Company under or in connection with the Agreement exceed the fees paid by the customer for the previous twelve months

10.4 The Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or associates or sub-contractors or otherwise) which arise out of or in connection with the Agreement. Nothing in the Agreement shall limit the Company's liability for death or personal injury caused by the Company's negligence.

10.5 The Company shall not be liable to the Customer for any failure to renew a Domain Name.

11. Termination of the Agreement

11.1 The Agreement will terminate:

11.1.1 On the Project End Date or 3 months' written notice from either of the Parties or

11.1.2 If any element of the Project fails the acceptance criteria as specified in the Project Agreement or as otherwise agreed, or does not meet the standard as could reasonably be expected by the Customer, other than for minor faults, the Company will, at its sole discretion, rectify any faults to the satisfaction of the Customer within 30 days of the date of such failure, unless otherwise agreed between the Parties.

11.1.3 For any other reason specified in this clause 11;

11.2 Either party may terminate the Agreement immediately on written notice to the other party if the other party has become bankrupt or officially insolvent or is the subject of any winding up proceedings (not being a members' voluntary winding-up for the purposes of reconstruction or amalgamation) or is the subject of an appointment of a receiver, administrative receiver or administrator.

11.3 If the Customer fails to pay the Monthly Costs or Fees within 14 days of the day of which they became due for payment, the Company may terminate the Agreement immediately on written notice.

11.4 Without prejudice to clause 11.3, if either Party is in material breach of the Agreement, and fails to remedy such breach within 14 days of written notification of the breach from the other Party, the other Party may terminate the Agreement immediately on written notice.

11.5 If the Customer is in breach of the Company's Acceptable Use Policy, and fails to remedy such breach within 14 days of written notification by the Company, the Company may terminate the Agreement immediately upon written notice to the Customer.

11.6 In the event that the Customer repeatedly fails to deliver to the Company any content that is required by the Company to deliver the Services in accordance with the Project Agreement, the Company may terminate the Agreement upon giving the Customer seven days written notice.

12. Consequences of Termination

12.1 In the event that the Agreement is terminated under clause 11.1.1 by the Customer, and in the unlikely event that the Company has incurred costs in relation to the three month period from the date of Termination, the Company will notify the Customer of such costs, and, if the Company is able to verify such costs, the parties will reasonably agree any costs which the Customer may be required to pay.

12.2 In the event that the Customer wishes to transfer the support and maintenance of the Website to another supplier (the Transfer) the Company will provide all necessary assistance to the Customer's selected supplier to complete such Transfer. The Company reserves the right to charge the Customer for such assistance at its normal daily rate and payment on account will be required in advance before the Transfer commences.

12.3 Any such assistance provided to assist in the Transfer will only be supplied when all outstanding invoices have been paid in full.

12.4 In the event that the Company wishes to terminate the Agreement due to the Customer not paying invoices outstanding to the Company on time, the Company may suspend or terminate the Agreement without any liability to the Customer for loss of business due to the Website not working.

13. Third Party Service Suppliers

13.1 The Company shall select and use Third Party Service Suppliers for the provision of such Third Party Services as the Company at its sole discretion deems necessary for or appropriate to the provision of the Services.

13.2 However, where a Third Party Service Supplier is specified in the Project Agreement, the Company shall use such Third Party Supplier to provide the Third Party Services.

13.3 Where a Third Party Service Supplier is specified in the Project Agreement and cannot provide such Third Party Services and the Company reasonably considers that the specified Third Party Supplier is not suitable to provide the Third Party Services the Company shall have the right to use another Third Party Supplier to provide such Third Party Services without the prior approval of the Customer.

14. Resolution of disputes

14.1 If any dispute or difference shall arise between the Parties as to the meaning of the Agreement or any matter or thing arising out of or connected with the Agreement then it shall be referred to the determination of an arbitrator to be appointed by agreement of the Parties or (in default of agreement) to be nominated by the President for the time being of the Chartered Institute of Arbitrators. The costs of such arbitration shall be borne by the Party that initiates the dispute. The arbitrator shall act as expert and not as arbitrator and his decision shall be final and binding upon the Parties.

15. General

15.1 Neither Party shall be liable for any default arising due to any act beyond their control, including, but not limited to, acts of God, war, terrorist action, strike, lockout, industrial action, fire, flood, drought, tempest or failure of any telecommunications system.

15.2 This Agreement shall be governed by and construed in accordance with the laws of England and the Parties hereby submit to the exclusive jurisdiction of the English Courts

15.3 This Agreement is personal to the Customer and the Customer shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations hereunder without the prior consent from the Company, which would not be unreasonably withheld.

15.4 No waiver by the Company of any breach of this Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision

15.5 If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected thereby

15.6 Any notice to be served on either of the Parties by the other shall be sent by pre-paid recorded delivery or registered post or by fax and shall be deemed to be received by the addressee within seventy-two (72) hours of posting or twenty-four (24) hours if sent by facsimile transmission to the correct facsimile number (with correct answerback) of the addressee and email.

15.7 Headings in the Agreement are for convenience only and shall not affect the interpretation of the Agreement.

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Acceptable use policy

1. Introduction

1.1. This Acceptable Use Policy ("AUP") specifies actions prohibited by Fresh Egg to Users of its Hosting and Email Services (Services).

1.2. You must read this AUP very carefully. It is important. It and our Terms and Conditions are part of your legally binding relationship with us.

1.3. "Users" and "you" means customers or anyone else who uses or accesses the Services, as defined in our Terms and Conditions. This AUP outlines the principles that govern use of the Services provided by Fresh Egg Limited in connection with the Services. By using our Services, you agree to comply with all parts of this AUP, and we may (notwithstanding our rights of suspension and restriction referred to below) terminate your account if you fail to comply with any of the same.

1.4. We may amend, modify or substitute this AUP at any time and any such modification, amendment or substitution shall be posted on our web site and become automatically effective upon all Users as from the date of posting.

1.5. We recommend that you visit our website regularly to check for any updates or amendments to this AUP.

2. Fresh Egg's right to suspend, restrict or terminate the Services

2.1. We will take action if you abuse the Services (for example, by sending spam or making racist postings). The actions we may take include:
a formal warning to you;
suspension of your account (with or without notice);
restriction of your access to the Services (or any part of the Services); or
termination of your account.

This is not a full list of the action we may take.

2.2. Notwithstanding our right to restrict, suspend or terminate the Services, if you breach this AUP and/or our Terms and Conditions you may receive a written formal warning from us specifying the unacceptable conduct and notifying you that repeated breaches may result in the Services (or any part of Services) being temporarily or permanently withdrawn from you.

2.3. If, after you have received a written formal warning from us in accordance with paragraph 2.2 above, your conduct continues to breach this AUP, then we will withdraw the Services (or part of the Services) from you until such time as we are satisfied that you have implemented appropriate steps to ensure that your use of our Services will comply with this AUP.

2.4. If such a suspension is imposed, then this may be lifted at our discretion, upon receipt of a formal written undertaking from you not to commit any future relevant abuse. However, all cases will be considered individually (in our sole discretion) upon their merits.

3. Use of the Services

3.1. We reserve the right to investigate any suspected violation(s) of this AUP. When we become aware of possible violations, we may initiate an investigation, which may include gathering information from the User involved and the complaining party, if any, and examination of material on our servers, networks or any other equipment associated with the Services.

3.2. You must not use the Services in any way that is unlawful or illegal or in any way to the detriment of other Users. You also must not allow anybody using your connection to use the Services in any way that is unlawful or illegal or in any way to the detriment of other Users.

3.3. During an investigation, if we believe that a violation of this AUP or our Terms and Conditions has occurred, we may take immediate remedial action. Such action may include temporary or permanent removal of material from our servers, the cancellation of newsgroup postings, warnings to the User responsible, and the suspension, restriction or termination of the User's account. We will determine what action will be taken on a case-by-case basis. Please note that we have a policy of open co-operation with all relevant authorities and regulators.

3.4. In addition to and without prejudice to your obligations pursuant to our Terms and Conditions, you agree to comply with (and ensure that others using the Services comply with) all applicable laws, statutes and regulations in connection with the Services. As the registered User, you are responsible for all use of your account, irrespective of use without your knowledge and/or consent.

3.5. You are required to keep your contact details provided to Fresh Egg up to date. Keeping such records up to date is important as we may need to send notices or other information to you using the contact information you gave us.

3.6. Users are expected and required to review email in their primary mailbox provided as part of the Services on a regular basis. This is to enable us to advise you of any significant issues that may affect your use of the Services.

4. Use of material

4.1. You are prohibited from storing, distributing, transmitting or causing to be published any material (Prohibited Material) through your use of the Services. Examples of Prohibited Material shall be determined by us (acting in our sole discretion) and shall include (but are not limited to) material that:

4.1.1. is threatening, harassing, invasive of privacy, defamatory, racist, obscene, indecent, offensive, abusive, harmful or malicious;

4.1.2. infringes or breaches any third party's intellectual property rights (which shall include, but not be limited to copyright, trade mark, design rights, trade secrets, patents, moral rights, paternity rights and performance rights) - this includes the use, distribution and/or copying of any material without the express consent of the owner;

4.1.3. is in violation of any law or regulation that is enforceable in the United Kingdom;

4.1.4. unsolicited promotional or marketing material;

4.1.5. chain letters or pyramid selling schemes; and

4.1.6. programs containing viruses, hoaxes or any tools designed to compromise the security of other websites and/or systems. However, you may pass samples of malware in a safe manner to appropriate agencies for the purpose of combatting its spread.

4.2. For the avoidance of doubt, the storage upon and/or distribution over our systems by any User of "pirated" software, or any other materials that are not expressly licensed to the User, will constitute a violation of this section 4 of the AUP.

4.3. We reserve the right to inform and/or report the storage, distribution, transmission, retransmission or publication of Prohibited Material (and/or any other materials which may constitute unlawful conduct by Users) to relevant authorities and/or regulators, in addition to any action we may take as outlined in this AUP.

5. System security

5.1. You are prohibited from using the Services to compromise the security, adversely affect or tamper with our system resources or accounts (including but not limited to those of other Users) on our systems, or at any other site accessible via our systems, without the explicit consent of the owner of such account and/or site. Malicious use or distribution of tools designed for compromising security is prohibited.

5.2. The security of the Services used by you from your home is your responsibility. It is also your responsibility to ensure that you keep your passwords secure. We are not responsible for any negative consequences (e.g. lost or corrupted files) incurred by your failure to employ adequate security measures.

6. Prohibited uses of Fresh Egg's systems, services and equipment

6.1. Users must not take any action that may restrict or inhibit any person, partnership, company, firm or organisation (whether a customer of Fresh Egg or otherwise) in its lawful use or enjoyment of any of our systems, services or products. Examples of this may include:

General Conduct:

6.1.1. the sale or resale of our Services;

6.1.2. any form of on-line advertising or marketing practices - deceptive, misleading or otherwise;

6.1.3. furnishing false data on sign-up forms, contracts or on-line applications, including fraudulent use of credit card numbers (and such conduct is grounds for immediate termination and may subject the offender to civil or criminal liability); and

6.1.4. trade or business use of the Services of any kind unless used during the course of working away from the usual place of work ("home working"). The Services are for business use only.

Prohibited Actions: System and Network Security:

6.1.5. attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorised to access, or probing the security of other networks without the express authorisation of the owner of such third party network(s);

6.1.6. effecting security breaches or disruptions of the Services. Security breaches include, but are not limited to, accessing data of which the User is not an intended recipient or logging onto a server or account that the User is not expressly authorised to access. For the purposes of this section "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, any otherwise unspecified form of Denial of Service (DoS) attack, or attempts to "crash" a host;

6.1.7. using any program/script/command, or sending messages of any kind, designed to interfere with or adversely affect a User's enjoyment of our network by any means, locally or by the Internet - including violating the privacy of other Users; and

6.1.8. executing any form of network monitoring which causes the interception for malicious purposes of any data that does not belong to the User.

7. Email use

7.1. Email usage must be fully compliant with Sections 3 and 4 of this AUP (Use of Services and Use of Material).

7.2. We will investigate complaints regarding email and may take action at our discretion, which shall be based on but not limited to the following:

7.2.1. you may not use your email to send unsolicited messages to groups of people;

7.2.2. if so requested by us or a recipient, you must desist from posting messages to said recipient;

7.2.3. malicious mail, unsolicited e-mail and unsolicited bulk e-mail is prohibited from being sent from or via a Fresh Egg connection. Users must take all appropriate precautions to prevent such use of their machines by third parties. We will not forward mail of accounts terminated for bulk mailing or unsolicited advertising;

7.2.4. chain letters are unsolicited by definition and may not be propagated using the Services;

7.2.5. you may not send, distribute, or reply to mailbombs (whether malicious or otherwise). "Mailbombing" is understood as causing individuals to receive large amounts of unrequested email by any means;

7.2.6. Users may not construct, alter and/or forge the headers of email messages to conceal the sender's email address, or to prevent other Internet users from responding to messages;

7.2.7. violations of this AUP may result in a large amount of email traffic. If our customers receive so much email that our resources are affected, we reserve the right to take such action(s) as may be necessary (to be determined at our sole discretion) to protect both the Services and our Users, including, but not limited to, deployment of appropriate network security software; and

7.2.8. harassment, whether through language, frequency or size of messages sent, is prohibited.

8. Webspace

8.1. It is the Users responsibility to back up their webspace content. Upon suspension or termination of the Services the content may be removed without notice.

8.2. We may modify, remove or suspend content without notice if this AUP is breached in any way.

8.3. Webspace usage must be fully compliant with Sections 3 and 4 of this AUP (Use of Services and Use of Material).

8.4. Any content that has potential to offend other Users (whilst within the law, and our Terms and Conditions) contained on a User's webspace must be preceded by an appropriate content warning (to warn the viewer that should they continue they may find the resulting images offensive).

8.5. The User is wholly responsible for the content stored on their webspace and must ensure that all appropriate intellectual property right permissions are obtained. If said permissions can not be made available when requested by us the content may be removed.

8.6. Any content that results in abnormal data volume use that adversely impacts our network may be removed with or without notice.

9. Complaints and enforcement

9.1. Complaints

9.1.1. Complaints regarding the conduct of a User must be reported to us in writing. We must be able to verify each instance of abuse, and so each complaint must include the full headers and/or complete body of the offending message (where appropriate) or other forms of quantitative, supportive evidence. Submitting all relevant evidence in the original abuse report will significantly speed up the resolution of the issue by a member of our IT Support Team.

9.1.2. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

9.2. Enforcement

9.2.1. We may, in our sole discretion, suspend, restrict or terminate the Services to a User for violation of any of part of this AUP at any time and without warning.

9.2.2. Prior to terminating the Services as a general rule, we will attempt to work with Users to avoid future violations of the AUP and to ensure that there is no reoccurrence of the incident (but we shall not be obliged to do so).

10. Fresh Egg is not responsible for content

10.1. We are not responsible for the content used as part of the Services, whether or not the content is posted by a User.

10.2. We are not responsible for the content of materials and information published by others (including Users) that are accessible via the Services, and we do not accept liability or responsibility for any such publication.

10.3. At our sole discretion (and without prejudice to any of our other rights pursuant to this AUP and our Terms and Conditions), we reserve the right to remove any materials from any server under our control.

V2 04/2011

Fresh Egg Limited (company number 3950929. Registered in England. Registered office address: 1-13 Buckingham Road, Worthing, West Sussex, BN11 1TH

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Accessibility

1. Guidelines & standards

Fresh Egg is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and in doing so adhere to many of the available standards and guidelines.

This website endeavours to conform to level Double-A of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0.

These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user friendly for all people.

This site has been built using code compliant with W3C standards for HTML and CSS. The site displays correctly in current browsers and using standards compliant HTML/CSS code means any future browsers will also display it correctly.

Whilst Fresh Egg strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website.

2. Contact us

We are continually seeking out solutions that will bring all areas of the site up to the same level of overall web accessibility. In the meantime should you experience any difficulty in accessing the Fresh Egg website, please do not hesitate to contact us.

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