2.1 | System | The public and private web pages within the diary4.com domain and related database and emailing facilities |
2.2 | Owner | Goznet Systems, a trading name of David Gosnell |
2.3 | Public Website | Those pages within the System accessible by visitors without registration |
2.4 | Group | A group of people registered with an Account on the System |
2.5 | Account | The pages accessible only by a specific Group, and related data |
2.6 | Group Homepage | The Group-specific web page within the System visible to the public |
2.7 | Subscription | Payment made for use of an Account for a predetermined period |
4.1 | An Account is for use only by the respective Group's members. |
4.2 | Login details are for the direct use of the respective Group members only and may not be passed to anyone else. |
4.3 | Creation of multiple Accounts without good reason is prohibited. |
4.4 | The System may not be used for or in connection with any activity that is illegal in England and Wales, the European Union or members' own jurisdictions. |
4.5 | Content published to a Group Homepage may not contain any text, sound or images that are unlawful, threatening, harassing, abusive, defamatory or obscene, or any content that breaches the copyright of a third party or the Owner. |
4.6 | The System may not be used in any way that interferes with the positive experience of other Groups, visitors or site administrators. |
4.7 | Any abuse of the System may lead to account termination with or without refund of any Subscription paid, and the right to pursue legal remedy is reserved. |
5.1 | A Group's Account is initially available on a free trial basis. |
5.2 | Subscription is required for full access to standard available facilities. |
5.3 | On completion of the free trial period, Subscription will be required for continued access to the Account. |
5.4 | On completion of the subscribed period, further Subscription will be required for continued access to the Account. |
5.5 | Subscription or renewal will take effect from the end of the free trial or previous Subscription period; however upon payment, all standard facilities will be available immediately. |
5.6 | Accounts frozen due to free trial or Subscription period expiry will be retained for a minimum of 30 days. |
5.7 | In the event of the Subscription rate changing, no surcharges or refunds will be applied. |
5.8 | In the event of your opting to cancel membership ahead of paid subscription expiry, no refunds will apply. |
5.9 | In accordance with United Kingdom distance-selling regulations, refunds will only normally be issued if requested within 7 days of Subscription, and the Account will no longer be available for use. |
5.10 | All subscription payments are handled by PayPal. |
5.11 | Due to tax legislation, Subscriptions are not available to users in the EU other than the United Kingdom. |
6.1 | The terms of this guarantee apply whether or not a Subscription has been paid. |
6.2 | The System is provided on an "as is" basis, and is used at the visitor or Group's own risk. |
6.3 | The Owner does not warrant that operation of the System will be error-free, or that any problem encountered can be resolved. |
6.4 | Whilst every effort is made to ensure continuous availability of the System, the Owner may not be held responsible for any failure on the part of the hosting company or intermediate networks. |
6.5 | In the event of unsatisfactory service on the part of the Owner, the maximum liability will be the pro-rata remainder of any Subscription paid. |
6.6 | The Owner will not be liable for consequential loss of any kind, as a result of failure of the System or inability to use it properly. |
6.7 | In the event of a refund being issued due to failure of the System, the Owner reserves the right to terminate the Group's Account. |
6.8 | NEW: Email delivery of event, day-note or other notifications is on a "best effort" basis; the Owner has no control over third-party mail servers that may periodically develop faults or apply filtering to notification messages, and will not be liable in any way for non-receipt. It is the responsibility of individual Groups to keep their members' email addresses up to date and able to receive notifications from the System. |
7.1 | Email addresses or other submitted details of Group members (including the Group administrator) will be used solely for Diary 4 business and will not be passed to any third party without permission. |
7.2 | The System's administrators have access to all Account data held, but this access will not be exercised except in the event of support request or suspected abuse. |
7.3 | Any Account data accessed in this way will not be passed to any third party without permission, with the exception of cooperation with law enforcement agencies. |
7.4 | 1&1 Internet Limited theoretically has access to all data on hosted servers. |
7.5 | Subscription payments are handled by PayPal for your security and privacy; the Owner has no access to customers' financial information. |
7.6 | All email addresses added to the System are subject to opt-in verification before being used for any automated notification purpose. |
7.7 | Removal of Group members' accounts should in the first instance be managed by the Group's administrator, but in the event of dispute or other difficulty please contact us via our support website for assistance. |
7.8 | No persistent cookies are used by the System, which does not use any third-party tracking or monitoring of its users. |