The ISC Research Limited Subscription Agreement

AGREEMENT BETWEEN YOU AND ISC RESEARCH LIMITED (Part I)

1. INTRODUCTION

Contents

  1. Introduction
  2. Privacy and protection of personal information
  3. Member account, password and security
  4. Modification of this subscription agreement
  5. Personal and non-commercial use limitation
  6. Links to third party sites
  7. No unlawful or prohibited use
  8. Use of services; operation of services
  9. Charges and billing

1. INTRODUCTION

1.1 ISC Research Limited Subscription Agreement (the "Subscription Agreement") is a legal agreement between you and ISC Research Limited and governs your use of any of ISC Research Limited subscription services on our Internet Software, and including updates and upgrades to each service (individually and collectively). Subscription to ISC Research Limited subscription services is offered to you conditional upon your acceptance without modification of the terms, conditions, and notices contained in this Subscription Agreement. If you do not agree to this Subscription Agreement do not subscribe to or use ISC Research Limited subscription services.

1.2 ISC Research Limited includes various Web sites, Web pages, software and services operated by ISC Research Limited, 35 Southampton Street, Faringdon, Oxfordshire, SN7 7AZ, UNITED KINGDOM or its affiliates. As used in this Subscription Agreement, "you" or "your" means you, anyone who has access to use your ISC Research Limited account, and any person utilising any license. You must be at least eighteen (18) years of age to subscribe to ISC Research Limited subscription services.

1.3 Your use of a particular web site or service within ISC Research Limited subscription services may be subject to additional terms, codes of conduct or guidelines, including without limitation, particular features or offers (the "Additional Terms"). Your acceptance of this Subscription Agreement also constitutes your acceptance of any Additional Terms applicable to any Web site or service within ISC Research Limited subscription services. In the event that anything in this Subscription Agreement conflicts with the Additional Terms then this Subscription Agreement shall prevail.

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2.PRIVACY AND PROTECTION OF PERSONAL INFORMATION

2.1 ISC Research Limited adheres to ISC Research Limited Statement of Privacy for the collection and use of your personal information. You should periodically review ISC Research Limited Statement of Privacy as it is updated on a regular basis.

2.2 Please note that ISC Research Limited may pass certain details about you (i.e. your name and email address) to its partners who fulfil applicable subscription services – the partners have an agreement with ISC Research Limited that they will NOT use your details for any marketing purposes or pass your details to a third party without your consent. You agree that ISC Research Limited is not responsible or liable for any actions taken by its partners in respect to any data shared or services provided either as part of the subscription service or any other services the partner may provide.

2.3 ISC Research Limited may also make certain details about commercial, academic or charitable organisations available to other subscribers which are identified as International Schools. ISC Research Limited will make every reasonable endeavour to ensure that details about commercial, academic or charitable organisations subscribing to ISR Research Limited's online services are not made available to other such organisations. On receiving written instructions from you, ISC Research Limited will not make any such information available to any subscriber.

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MEMBER ACCOUNT, PASSWORD, AND SECURITY

Your subscription to ISC Research Limited subscription services includes being allocated at username and password.  You are advised to change your password immediately upon logging in.  You are entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are entirely responsible for any and all activities that occur when that user name and password are used. ISC Research Limited is not responsible for any loss that you may incur as a result of someone else using your account information, either with or without your knowledge. However, you could be responsible for losses incurred by ISC Research Limited or another party due to someone else using your account.

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4.MODIFICATION OF THIS SUBSCRIPTION AGREEMENT

In the event that ISC Research Limited desires to make any changes or additions to the terms, conditions, and notices involving ISC Research Limited, including any terms related to pricing, discontinuation of plans and billing, then ISC Research Limited will notify you of such changes or additions at least 30 days in advance of the effective date of any such changes or additions. The form of such notification may be, but is not required to be, e-mail, online via one or more of the Web sites within ISC Research Limited. In the event you do not agree to such changes or additions, then you must cancel your subscription and stop using ISC Research Limited subscription services prior to the effective date of such changes or additions. Your continued use of ISC Research Limited subscription services after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.

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5. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Subscribers to ISC Research Limited's Supplier subscription services are authorised to use data for commercial use.  Any approach to schools via ISC Research Limited subscription services must be related to high quality, relevant goods or services of proven relevance to such institutions.  The resale of any ISC Research Limited subscription services is expressly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from ISC Research Limited subscription services. Without the advance express written permission of ISC Research Limited, you may not 'meta-search' ISC Research Limited subscription services, send, or cause to be sent, any automated queries of any sort to ISC Research Limited subscription services, or use ISC Research Limited subscription services in any commercial manner.

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6. LINKS TO THIRD-PARTY SITES

The links included within ISC Research Limited subscription services may direct you to third-party Web sites ("Linked Sites"). The Linked Sites are not under the control of ISC Research Limited and ISC Research Limited is not responsible for the contents of any Linked Site. ISC Research Limited is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ISC Research Limited of the site or any association with its operators. Any dealings with third parties (including advertisers) included within ISC Research Limited subscription services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ISC Research Limited shall not be responsible or liable for any part of any such dealings or promotions.

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7. NO UNLAWFUL OR PROHIBITED USE

7.1 As a condition of your use of ISC Research Limited subscription services, you shall not use ISC Research Limited subscription services for any purpose that is unlawful or prohibited by this Subscription Agreement. You may not use ISC Research Limited subscription services in any manner that could damage, disable, overburden, or impair any Web site or service within ISC Research Limited subscription services (or the networks connected to any Web site or service within ISC Research Limited subscription services) or interfere with any other party's use and enjoyment of ISC Research Limited subscription services. You may not attempt to gain unauthorised access to ISC Research Limited subscription services, other accounts, computer systems or networks connected to any Web site or service within ISC Research Limited subscription services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through ISC Research Limited subscription services. You agree to abide by all applicable local, state, national and international laws and regulations.

7.2 When using ISC Research Limited subscription services you are subject to all the rules specified by the services and Web sites you visit. This includes Web sites and services within ISC Research Limited subscription services as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that ISC Research Limited may take appropriate action just as if you had violated this Subscription Agreement. You may not use simultaneous, unattended, or continuous connections to ISC Research Limited subscription services through a dial-up connection with one account without a subscription permitting such use (if available).

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8. USE OF SERVICES; OPERATION OF SERVICES

8.1 ISC Research Limited subscription services contains e-mail services, and may contain bulletin board services, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others. You shall only use ISC Research Limited subscription services to post, send, and receive messages and material that are proper and, when applicable, related to the particular ISC Research Limited subscription services. By way of example, and not as a limitation, you agree that when using ISC Research Limited subscription services you will not:

  • Use ISC Research Limited subscription services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through ISC Research Limited subscription services in any manner that infringes any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Use meta-tag searches on the Web sites.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such ISC Research Limited subscription services specifically allow such messages.
  • Download any file posted by another user of ISC Research Limited subscription services that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying ISC Research Limited subscription services
  • Violate any code of conduct or other guidelines which may be applicable for any particular ISC Research Limited subscription services.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a Web site or service within ISC Research Limited subscription services or other user or United Kingdom information or any portion thereof.
  • Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.
  • Use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which subscribers, members or other Internet users can respond.
  • View, intercept, or attempt to intercept e-mail or other private communications not intended for you.

8.2 ISC Research Limited has no obligation to monitor ISC Research Limited subscription services. However, ISC Research Limited reserves the right to review materials posted to any ISC Research Limited subscription services and to remove any materials in its sole discretion. ISC Research Limited reserves the right to terminate your access to ISC Research Limited subscription services or any ISC Research Limited subscription services at any time, without notice, for any reason whatsoever. ISC Research Limited reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in ISC Research Limited's sole discretion.

8.3 Materials uploaded to ISC Research Limited subscription services may be subject to copyright limitations relating to reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

8.4 ISC Research Limited reserves complete and sole discretion with respect to the operation of ISC Research Limited subscription services. ISC Research Limited may, among other things:

  1. take any action (legal and/or technical) that ISC Research Limited deems appropriate to prevent inappropriate bulk e-mail from entering or leaving any ISC Research Limited e-mail account and the network e-mail system;
  2. delete e-mail templates, stored queries or other uploaded documents if your account has not been accessed by you within a time established by ISC Research Limited from time to time, in its sole discretion;
  3. not process e-mail or instant messages due to space limitations;
  4. subject to ISC Research Limited Statement of Privacy, make available to third parties information relating to ISC Research Limited and its subscribers and members;
  5. automatically sign out any users who are inactive for an extended period of time, as determined by ISC Research Limited;
  6. after giving you notice, withdraw, suspend, change, or discontinue any functionality or feature of ISC Research Limited;
  7. delete attachments due to potentially harmful materials included within such attachment; and,
  8. limit access to the service to prevent abusive consumption and ensure fair access for all subscribers.

The amount of e-mail storage space per subscriber may be limited. Therefore some e-mail messages may not be processed due to space constraints. You agree that ISC Research Limited is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit ISC Research Limited automatic sign-out system or part thereof from performing as intended is prohibited.

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9. CHARGES AND BILLING

9.1 Charges On Your Billing Account.

ISC Research Limited makes a number of payment methods (‘Payment Methods') available to subscribers.  These may include electronic payment through a third party (‘Online Account'), cheque, bankers' draft or bank transfer.  The preferred method of payment is by BACS transfer.

You agree to pay ISC Research Limited all charges at the prices then in effect for any Services or Products ordered by you or other persons (including your agents) using your user name or from the email account registered to you by ISC Research Limited. You agree to make payment using an agreed Payment Method. ISC Research Limited reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You agree to pay all amounts due upon demand and within 28 days of receiving your invoice.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION TO ISC RESEARCH LIMITED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP SUBSCRIPTION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE IF APPLICABLE), AND YOU MUST PROMPTLY NOTIFY ISC RESEARCH LIMITED IF YOUR PAYMENT METHOD IS CANCELED (FOR EXAMPLE, FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. WHERE YOU HAVE COMPLETED ONLINE ACCOUNT INFORMATION, CHANGES TO SUCH INFORMATION CAN BE MADE AT http://www.cardstream.com/. IF YOU FAIL TO PROVIDE ISC RESEARCH LIMITED ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT ISC RESEARCH LIMITED MAY CONTINUE CHARGING YOU FOR ANY PRODUCT, UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).

Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemised on your Statement or charged to your Billing Account or Payment Method. Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If the amount to be charged to your Billing Account varies from the amount you have preauthorised, you have the right to receive, and ISC Research Limited shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method. You agree that ISC Research Limited may accumulate charges incurred during one or more of your billing cycles and submit them as one or more aggregate charges at any time. ISC RESEARCH LIMITED MAY SUBMIT ALL PERIODIC CHARGES (FOR EXAMPLE, MONTHLY) FOR YOUR ISC RESEARCH LIMITED SUBSCRIPTION, OR FOR ANY OTHER FEE-BASED SERVICE YOU ORDER THAT WILL BE CHARGED ON A MONTHLY OR OTHER PERIODIC BASIS, ON SUCH MONTHLY OR OTHER PERIODIC BASIS WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE ISC RESEARCH LIMITED REASONABLY COULD ACT. TO CHANGE YOUR PAYMENT METHOD, CONTACT ISC RESEARCH LIMITED.  TO MAKE CHANGES TO YOUR ONLINE ACCOUNT INFORMATION GO TO http://www.cardstream.com/.

Your continued use of your user name to access ISC Research Limited's online services reaffirms that ISC Research Limited is authorised to charge your Payment Method. ISC Research Limited may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive ISC Research Limited's right to seek payment directly from you. Your charges for ISC Research Limited subscription services are monthly, quarterly or yearly in advance, and the charges for any other Product may be payable in advance, in arrears, or as otherwise described when you initially ordered the applicable Product or Service. Certain services associated with ISC Research Limited subscription services may require the payment of additional fees (including, without limitation, email campaigns and direct mailings) and you agree to pay such pre-approved fees at the prices then in effect as specified for such service to either ISC Research Limited or its designated service provider. You agree that ISC Research Limited may pass your account information (including, without limitation, credit card number) to its designated service provider of such additional services for their use in charging you for appropriate services rendered. Charges on your Billing Account will be summarised for you on your Statement.

9.2 Refund Policies. You understand that ISC Research Limited subscription services will commence as soon as ISC Research Limited receives and processes your initial payment. You agree that any statutory right to withdraw from ISC Research Limited subscription services will be waived as soon as ISC Research Limited subscription services commence.

9.3 The initial subscription period is for a minimum of 12 calendar months.  After this time, subscribers may cancel their subscription by providing one month's notice, either in writing to ISC Research Limited at their registered office, or by email to enquiries@isc-r.com.

9.4 Online Statement. Where you have elected to pay ISC Research's charges by via an online account, you can sign into http://www.cardstream.com/ to view your Online Statement. Your Online Statement will be available according to your Payment Account services. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that ISC Research Limited needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS ISC Research Limited will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time. However, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to ISC Research Limited. Unless you notify ISC Research Limited of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE ISC RESEARCH LIMITED FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO ISC RESEARCH LIMITED WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.

9.5 Other Payment Methods

Where you have elected to make payments for ISC Research Limited's subscription or other services by methods other than through an online account, ISC Research will provide a statement of account in electronic format to the email account on provided.  For new subscriptions, ISC Research Limited will provide access to the online system when cleared funds have been received in ISC Research Limited's bank account.  For subscription renewals, ISC Research will provide a subscription renewal notice at least 60 days in advance of the renewal date.  ISC Research Limited reserve the right to withdraw access to online services to any subscriber from whom funds have not been received by the subscription renewal date.  You are not entitled to carry forward a balance.

9.5 Due Date; Late Charge; Collection Costs

You agree to pay late charges that may be assessed by ISC Research Limited on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. ISC Research Limited reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Subscription Agreement and in collection of any delinquent amounts due, including reasonable legal fees and costs.

9.6 Default.

If ISC Research Limited does not receive payment for any charge to your Account, you will be in default and ISC Research Limited may suspend or cancel your Account and your access to ISC Research Limited subscription services and any or all other ISC Research Limited Products and Services. If your Payment Method Provider seeks return of payments previously made to ISC Research Limited, but ISC Research Limited, in good faith, believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and ISC Research Limited may cancel your Account and your access to ISC Research Limited subscription services and any or all other Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, ISC RESEARCH LIMITED MAY STOP DELIVERY OF ISC RESEARCH LIMITED SUBSCRIPTION SERVICES AND ANY OTHER PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON AN ISC RESEARCH LIMITED SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.