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WSP will endeavour to offer the highest possible level of Service at all times but will not be held responsible by the Customer for any fault, interruption or failure of Service which is due to circumstances outside the control of WSP or by and act or omission of the Customer. This includes but is not restricted to withdrawal of Service at any time by WSP for maintenance or upgrade procedures. Should, at any time, the Service be withdrawn permanently, in entirety and completely for any reason, the Customers claim for compensation will be restricted to the unused portion of the current year’s annual fee or fees and no compensation will be paid for future or projected loss of business or income. WSP will not allow or permit the Service to be used, which it provides, where it is used a) For fraudulent purposes or in connection with a criminal offence or other unlawful activity; b) To send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, trademark, confidence, privacy or any other rights; c) To cause annoyance, inconvenience or needless anxiety; d) To send unsolicited advertising or promotional material. The Customer must notify WSP should any third party bring or threaten to bring a claim or legal proceeding relating to the use of the Service. The Customer will immediately refrain from the act that is the subject of the claim or legal proceeding and WSP must be informed immediately of any claim or action. At the sole discretion of WSP and disregarding any consultation, WSP will retain the right at all times to immediately terminate the Service where WSP feels the Customer is doing harm in whatever guise and however formed. WSP does not control the content transmitted via the Service and does not examine the use to which customers put the Service or the nature of the information they are sending and receiving. WSP is not liable for any damages caused by any kind of transmission or reception of such content of whatever nature. Notwithstanding, the Customer shall indemnify WSP and any subcontractor against any claims, legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from the Customer’s use of the Service or any other user of the account of the Service which are brought or threatened against WSP by another person or entity. No Service supplied by WSP to the Customer shall be re-sold, given or allowed to be used by a third party who is not a primary Customer of WSP and in any and all cases without the written permission of WSP. Where an issue arises which is not covered under these Terms and Conditions, it is clearly understood by the Customer that this does not constitute a waiver authorised by WSP and that where it is deemed by WSP that such an issue is detrimental to WSP, its operation or other Customers WSP retains the right at all times to take whatever action is deemed necessary to protect WSP, its operation or other Customers. The customer will adhere strictly to all international covenants, restrictions, laws and directives concerning the transmission of any data or sale of any products or services. WSP will not be liable for any contravention of this nature and any and all Service will be withdrawn immediately should the Customer contravene any such covenant, restriction, law or directive. These Terms and Conditions and any actual or perceived contract between WSP and the Customer will be governed by the Laws of England
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