THE MEMORY DEPOSIT
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Network congestion is again a feature following Mumbai bombings just as in July 2005 London bombings. - Just days after the London Assembly released its report on the July 2005 London bombings which highlighted the problems with communication networks in the aftermath of any major incident. - more >>>>>>> Help us to improve our service. The best suggestion each month will receive free registration and first years membership. more >>>
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HOME SERVICES USER GUIDES FAQ's NEWS About Us Terms and Conditions of Use Introduction. Please read these terms and conditions of use (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you agree to use the services provided to you by The Memory Deposit Ltd including the services provided primarily through www.thememorydeposit.com ("the Website"), these services include disaster recovery services for individuals, communication forums [and product information], as more particularly described on the Website, (“the Service”). You should print off a copy of these Terms or download them to keep with your records. By using our Service you agree to be bound by these Terms which contain provisions applicable to all users of our Service, including casual visitors to the website. If you choose to register as a user of our Services you will be asked to check a tick box to indicate that you have also read and agree to be bound by the Terms in full. Unless otherwise specified, the Service is for your personal and non-commercial use. The Terms will apply to all contracts and/or dealings between you and us relating to the subject matter hereof, and will override any terms or conditions stipulated, incorporated or referred to by you. Part 1: General provisions applicable to all users (whether registered or not) 1. Operator. This site is owned and operated by The Memory Deposit Ltd a Company incorporated in the United Kingdom under number 5604822 whose registered address is at 8 Wey Close, Chatham, Kent, UK, ME5 8JW. The Memory Deposit Ltd is also referred to in these terms as “the Company“, “we” and “us”. 2. Availability. The Memory Deposit Ltd uses reasonable endeavor’s to ensure that the Service is available 24 hours per day 7 days a week. However there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to the failure of telecommunications links and equipment that are beyond the control of the Memory Deposit Ltd. Due to the nature of the electronic communication process, we cannot, nor do we, guarantee or warrant, that access to the Website (or any part of it) or Service will be uninterrupted or without delay. However, every reasonable step will be taken by the Memory Deposit Ltd to minimise such disruption where it is within the reasonable control of The Memory Deposit Ltd. You agree that in no event shall The Memory Deposit Ltd be liable to you for any special, indirect or consequential damages, loss of data or profits, or any damages whatsoever resulting from any modification, suspension or discontinuance of the Service, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Website, or provision of or failure to provide the Service. 3 Copyright. This Website and its content is copyright of The Memory Deposit Ltd -ãThe Memory Deposit Ltd. 2005. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:- * You may print or download to a local hard disk extracts for your personal and non-commercial use only. * You may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material and include a copy of the copyright notice to the third party. * You may not, except with the express written permission of The Memory Deposit Ltd, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. 4 Trademarks. All brand, product and service names used in this service which identify The Memory Deposit Ltd are proprietary marks of The Memory Deposit Ltd. Nothing in this Service shall be deemed to confer on any person or organisation any licence or right with respect to any such image, logo or name. 5 Privacy. We have a firm commitment to safeguarding the privacy of all our users. Please review our Privacy Policy. The terms of our privacy policy are incorporated into, and considered an integral part of, these terms. 6 External Links. From time to time we may provide links that will take you to other third party websites that are not under the control of The Memory Deposit Ltd. The Memory Deposit Ltd is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. These links are provided for your convenience. If you decide to access any of these linked websites you do so entirely at your own risk. The inclusion of any such links does not imply any recommendation on the part of The Memory Deposit Ltd nor does it in any way imply endorsement of any views contained within them. You agree that The Memory Deposit Ltd is not liable for the content or material displayed on linked sites or for any loss or damage that you may suffer by using such links and/or material.. 7 Amendment of the Terms. We reserve the right to amend these Terms from time to time. If you have registered with the Service we shall notify you of any material changes to these Terms by email sent to the address you have provided to The Memory Deposit Ltd at registration of your account (as updated by you in accordance with these Terms). If you continue to use the Service after notification of such changes to these Terms you will be deemed to have accepted those changes. The most current version of the Terms can be reviewed by clicking on the "Terms and Conditions of Use" hypertext link located at the bottom of the web pages. 8 Viruses Whilst we make all reasonable attempts to exclude and eliminate viruses from this Website, we cannot ensure that it will at all times be free of viruses and we cannot and do not accept any liability in this respect. You are therefore recommended and advised to take all appropriate safeguards before downloading or accessing information from this Website. These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the jurisdiction of the English courts. 9 General. These Terms constitute the entire agreement between The Memory Deposit Ltd and you with respect to your use of this Website. The Memory Deposit Ltd’s failure to enforce any such right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Part 2: Provisions Applicable to Registered Members and Customers. 10 Registration. To register as a user of the Service you must be aged 18 years or over. You further agree that all the information that you provide to us upon registration and at all other times will be true, accurate, current and complete. You also agree that you will keep the information up to date and accurate at all times. This is particularly important with respect to all contact details including e-mail address to enable us to be able to continue to communicate with you with regard to your account and the Service. As well as facilitating return of data in the event of a claim under the Terms of this Website. You warrant that you have obtained the consent of all third parties, whose information you supply to The Memory Deposit, to the processing of their data for the purposes of performing the Service requested by you. You undertake to indemnify and keep indemnified The Memory Deposit Ltd against any claim or allegation that the processing by The Memory Deposit Ltd of any such third party data infringes their rights under the Data Protection Act 1998 or any legislation deriving therefrom. 11 Passwords. When you register as a member of the site you will be asked to provide a unique password and memorable security word. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore you are entirely responsible for any and all activities that occur under your account. You must notify us immediately if you believe this confidentiality has been breached. We reserve the right to require you to alter passwords or memorable security words if we believe that the security of these has been compromised. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. 12 Formation of contract. No contract will exist between you and The Memory Deposit Ltd for the supply of any Service unless and until we accept your order be means of a confirmatory e-mail or other appropriate means of communication. 13 Copyright in your data and images. The Memory Deposit Ltd does not claim ownership rights in relation to any image or data contained within your account storage. However by submitting these images and/or data you are granting The Memory Deposit Ltd permission to use these data and/or images in order to provide the Service. 14 Conduct. You are responsible for all of the data or images that you upload to the service. You must have the legal right and title to copy any data or image that you upload to store. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded copied or stored using the Service. You agree that you will comply with any requirements, procedures, policies or regulations of networks connected to this Service. You agree not to use the Service: (a) for any unlawful purposes; (b) to upload store or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable; (c) to upload, post, print, store, e-mail or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including but not limited to The Memory Deposit Ltd; (d) to harm minors in any way, including but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (e) to upload, post, e-mail or otherwise transmit or communicate any material which is likely to cause damage or harm to The Memory Deposit network or any other computer systems. This includes but is not limited to any material which contains any virus, code, worm, Trojan horse, time bomb, cancelbot, corrupted file, data or other files or programs designed to damage or allow unauthorised access to the service which may cause any defect, error, malfunction or corruption of the Service or of the property of another; (f) to forge headers or in any way manipulate content in any manner to disguise the origin of any content to be stored using the Service; (g) to interfere with or disrupt this Service or servers or networks connected to this Service nor to in any way attempt to do so or otherwise use the Service in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to the Service, other accounts, computer systems, or networks connected to the server or any part of the Service, through hacking, password mining, or any other means. (h) to provide any information to The Memory Deposit Ltd that is in any way false or misleading, that attempts to conceal your identity or that you do not have the right to disclose. (i) to download any file posted by another use of a Service that you know or should reasonably know cannot be legally reproduced, displayed, performed, and/or distributed in such a manner (j) to advertise or offer to sell or buy any goods or services (k) to use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) (l) to falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations in a file that is uploaded You shall indemnify and keep indemnified and shall hold harmless The Memory Deposit Ltd, its officers, employees and agents from and against any loss, claims, costs, damages and expenses (including but not limited to legal fees) sustained or incurred by The Memory Deposit Ltd or any of its officers, employees and agents directly or indirectly and in any jurisdiction as a result of any breach of the above provisions, or other Terms, by you. 15 Monitoring of Content. The Memory Deposit Ltd does not control the content of member’s storage areas and does not have any obligation to monitor such content or any materials posted to the Service for any purpose. You acknowledge that you are solely responsible for all content, data or images that you upload and or store using the Service. Without prejudice to the foregoing, The Memory Deposit Ltd reserves the right to review materials stored and/or posted and to remove any materials in its sole discretion. Furthermore, The Memory Deposit Ltd reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. 16 The Service You shall at your own expense provide us with all necessary documents and other materials and data which are necessary to ensure the performance of the Service by us. You may send us the information, materials and data in instalments or in one go. You should, however, note the restrictions on the use of the Service, set out above or in the description of the Services and also in terms of volume of information, materials and data which you are permitted to store and/or submit. We reserve the right to refuse any information, documents, data or other materials which do not meet the requirements of the Service. On receipt of the documents, information, materials and data and subject to payment having been received from you in accordance with paragraph 18 of these Terms and provided always that 14 days have elapsed since we confirmed your order (unless you exercise your rights at paragraph 19), we will use our reasonable endeavours to process the information, materials, documents and data in accordance with the published description of the Services and as soon as reasonably practicable. We warrant that we will provide the Service with reasonable skill and care, but except as aforesaid or as otherwise expressly set out in these Terms, we do not make or give any warranty regarding the Service and exclude all warranties (express or implied), terms, conditions and representations to the fullest extent permitted by law. This does not affect your statutory rights. In the event of any emergency or disaster whereby you require us to retrieve all or any part of the data, information, documents or other materials submitted by you to us, you should telephone The Memory Deposit Ltd on the number disclosed to you and provide your password so that we can identify you. We will then send you a copy of the information or materials requested by registered first class post or electronically, as the case may be to the address named in your account as soon as reasonably practicable but in any event within 48 hours of your telephone call. We shall not be responsible for any loss or delay of such information or materials after despatch by us, but will use all reasonable endeavours to clarify any delay or loss with the third party carrier. In the event of any emergency or disaster whereby you require us to contact any person(s) listed in your emergency contact list, you may telephone us on the number provided to you or, preferably, contact us by text message on the number provided to you. It is recognised that the transmission of text messages is more likely to be successful than a telephone call at times of a national or large-scale emergency or disaster and we therefore recommend that you send a text message to contact us, providing us with the information that we should relay to those on your list. While we have in place numerous telephone lines through which you can contact us in the event of an emergency and, in the case of a large-scale emergency will be able to obtain additional facilities, due to the unknown scale and effect of such emergencies we do not warrant that such facilities are sufficient to enable you to contact us. However, we can and do warrant that we have consulted with experts in the telecommunications field and carried out substantial research and on the basis of such consultation and research we honestly believe that such facilities are adequate. On receipt of any such text or telephone message from you we shall, within 24 hours of receipt of such message, use all reasonable endeavours to contact the people named on your list. Such reasonable endeavours shall include 5 attempts to reach each of the numbers given. We shall not be responsible for any damage or loss to you or any of the people on your list if after 5 attempts to call a number, contact has not been successful. For the avoidance of doubt we shall not leave any message on an answering machine or voicemail box facility. We reserve the right to change the Service at any time, provided that the modified Service shall not be of materially worse functionality than before. 17 Communication service You should always be careful when giving out any personally identifiable information out about yourself or your family in using any blog service or other communication service offered on this Website. We do not control or endorse the content, messages or information found in any such communication service and, therefore, specifically disclaim any liability with regard to such communication service and any actions resulting from your participation in any communication service. Materials uploaded to any such communication service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. 18 Price and Payment All prices quoted are inclusive of taxes and quoted on the basis of a [12 month subscription]. We may from time to time amend the prices for the Service, but will do so no more than once in any 12 month period and will make reasonable efforts to advise all users in accordance with the contact details they have provided at registration or subsequently by amendment. Any price change will come into effect on any renewal of the 12-month subscription for membership. We try to ensure that prices quoted on the Website are accurate, but the price on your order will need to be validated by us before we process your order. We will inform you of any inaccuracy and you will have the right not to proceed with your order. You agree to pay the membership fees annually in advance by cheque, direct debit, debit card or credit card. Where you pay by credit or debit card, you warrant that the card details are correct and that the card is yours and that you have given us the correct billing address. 19 Your right to cancel the contract with us for the provision of the Service You have the right to cancel the contract for the Service at any time up to the end of fourteen days after the date that you receive the confirmatory email from us accepting your order. You may, however, request us to commence the provision of the Service prior to the expiry of this seven day period, however, if you do so, you will lost the right to cancel the contract.To exercise your right of cancellation, you must give written notice to The Memory Deposit Ltd by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.Once you have notified The Memory Deposit Ltd that you are canceling the contract, we will refund or credit you within 30 days for any sum that has been paid by you or debited from your debit or credit card for the Service.20 Confidentiality We agree to keep all information, documents, material and data submitted by you for the Service as confidential and shall not disclose any such information, documents, material unless required to do so by any government agency, regulatory authority, court or operation of law or as otherwise permitted by these Terms. 21 Duration, Suspension and Termination of Access and Membership. The contract for the Service set out at paragraph 16 will be for an initial period of 12 months and shall thereafter continue for subsequent 12 month periods, subject to earlier termination in accordance with these Terms. The contract for the Communication Service set out at paragraph 17 will continue unless and until terminated in accordance with these Terms. You agree that The Memory Deposit Ltd may at any time without notice: (a) refuse to accept your application to register with the Service, (b) move or suspend any part of the Service, provided that where this shall relate to the Service described at paragraph 16, you shall be notified of this as soon as reasonably practicable and may be entitled to a refund, as The Memory Deposit Ltd shall consider in its sole discretion. Where such suspension shall continue for a period of 7 days or more other than for reason of The Memory Deposit's default, we may in our sole discretion terminate your account; or (c.) terminate your account if, in The Memory Deposit Ltd’s sole discretion, you are found to be in breach of any of these Terms or if a competent regulatory authority requires us to do so. (d) terminate your account on the basis of non payment of annual fee, reasonable attempts will be made to contact you to advise status and non payment. An account in default by 90 days without any response to our attempts at contact will be closed and all data destroyed. On termination of the Service for any reason whatsoever, all relevant accounts will be closed and all data submitted by you shall be destroyed by us, except accounting information which we are required to keep for a minimum period of 6 years. 22 Liability Without prejudice to any provisions purporting to limit or restrict liability set out above, this paragraph 22 sets out provisions relating to liability. The principal provision contains an overall cap on The Memory Deposit Ltd's liability:The Memory Deposit Ltd shall accept unlimited liability for death or personal injury caused by its negligence (including breach of statutory duty) or breach of contract.Subject to the following provisions, The Memory Deposit Ltd shall accept liability for direct physical damage to your tangible property resulting from its negligence (including breach of statutory duty) or breach of contract. The Memory Deposit Ltd's entire liability under these Terms and/or in relation to performance of the Services shall not exceed the annual subscription fees paid by you for the Service in the 12 month period in which any default, negligence or breach of contract occurs, provided that this provision shall not apply to any death or personal injury caused by The Memory Deposit Ltd's negligence, or to any fraudulent misrepresentation made by The Memory Deposit Ltd. This does not affect your statutory rights. 23 Force Majeure The Memory Deposit Ltd shall not be liable for any delay or failure to perform any Service or obligation under these Terms due to circumstances beyond its reasonable control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications, failure, weather, flood, fire, explosion or natural or local emergency. 24 Notices All notices shall be in writing (except where provided otherwise) and may be served by sending it by recorded delivery post, email or fax to the following address, email address or fax number: Address: [ The Memory Deposit Ltd., P.O.Box 494, Chatham, Kent, ME5 8ZD, UK] Email: [ admin@thememorydeposit.com ] Fax no: [ +44 (0)1634 313266] Where this contract provides for notice to be given by telephone, you should use the following telephone number: Telephone no: [ +44 (0)1634 310849] 25 Rights of Third Parties A person who is not a party to the contract between The Memory Deposit Ltd and you under these Terms has no right to enforce any provision of such contract, but this shall not affect any right which exists or is available apart from that Act. 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