"
Mycybernet"
or "Cybernet" Or "We" refers to Cybernet Communications
Inc., its subsidiaries and affiliates.
"Service"
refers to the services provided by us and subscribed
to by you and may include, but is not limited to,
dial-up and HighSpeed Internet access, Domain Name
registration , Website Hosting and Commercial Internet
Services.
"You"
refers to the person or organization who uses or subscribes
to Cybernet's Service.
General
This
Agreement sets forth the Terms and Conditions that
apply to use of the Service by you. By using the Service,
you agree to comply with all of the Terms and Conditions
set out in this document.
We
shall have the right at any time to change or modify
the Terms and Conditions applicable to your use of
the Services, or any part thereof, or to impose new
conditions, including, but not limited to, adding
fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately
upon notice by us, which may be given by any means
including, but not limited to, posting on our website,
or by electronic or conventional mail. Any use of
the Services by you after such notice shall be deemed
to constitute acceptance by you of such changes, modifications
or additions.
Our
Services are provided on the basis of, and are subject
to, service, facility and equipment availability.
We reserve the right not to provide one or more Services
where necessary facilities, equipment or services
are not available for any reason whatsoever.
Term
and Termination
The Service is for an initial term as agreed between
us and shall automatically renew at the end of the
initial Term on a month-to-month basis unless terminated
by either of us in accordance with these Terms and
Conditions.
If
you are dissatisfied with our service, or with any
of our terms, conditions, rules, policies, guidelines,
or practices in operating the Service, your sole and
exclusive remedy is to terminate your Service agreement
with us in accordance with our cancellation policy
and discontinue using the Service. You must provide
us with not less than Seven (7) days' written notice
prior to the next billing date to advise us of your
decision to terminate the Service agreement.
No
refunds will be given for partial terms or for
any initial registration fee.
Cancellation
or Termination of the Service.
Your order for the Service will
be confirmed and you will have entered into
a binding contract with Cybernet Communications
Inc when: (i) you submit your online, door-to-door
or retail outlet order, as applicable and it
is received and confirmed by email or other
form; or (ii) your phone order is confirmed
by email or other form; provided however that
Cybernet Communications Inc in its sole discretion
may reject any order for the Service described
in either of (i) or (ii) within ten (10) business
days from the submission of your order for the
Service. If subsequent to the confirmation you
cancel your order prior to activation of the
Service you will be charged a $50 cancellation
fee (the "Cancellation Fee"), to the
extent permitted by applicable law, as the amount
representing a reasonable estimate of damages
suffered by Cybernet Communications Inc as a
result of your failure to activate the Service.
If you wish to cancel your order, please send
email to accounts@mycybernet.net.
We
reserve the right to terminate any Service to you
immediately and without notice for cause in the event
that you breach this Agreement. We may, at our sole
discretion, suspend your service in lieu of terminating
this Agreement while we investigate the alleged breach
of this
Agreement.
Your
Responsibilities
While
using the Service you must comply with applicable
laws at all times. You assume total responsibility
and risk for your and your authorized users' use of
the Service.
You
are responsible for paying all charges necessary to
use and access the Service. We will recognize only
you as the person or business authorized to accept,
utilize, manage, modify or terminate the Service.
Privacy
Our
Privacy Policy sets out our obligations with respect
to the safeguarding, collection and use of your personal
information and is subject to modification from time
to time by us. You agree to review the Privacy Policy
periodically to become aware of any such modifications.
Continued access or use of our Service shall be deemed
to be conclusive acceptance by you of the modified
Privacy Policy. Click
here to review our Policy
Equipment
All cabling and equipment installed or provided by
us except equipment purchased outright by you remains
our property. You agree to pay us the full replacement
value of any of our equipment not returned to us upon
disconnection or loss, together with any costs incurred
by us in attempting to obtain possession of any such
equipment.
You
shall maintain all rental equipment in good working
order, reasonable wear and tear from normal use excepted.
You shall bear all risk of loss for rental equipment
while in your possession. We reserve the right to
charge you all costs relating to the repair or replacement
of damaged or lost rental equipment.
You
will not disturb, alter, or tamper with our equipment.
You will be responsible for any to or caused by our
equipment. You will safeguard the equipment from injury
or damage and will not permit anyone other than our
representative to perform any work on the said equipment.
Our
equipment is to be used only at the service address
set out in the Agreement and you agree that the equipment
will not be removed to another address, loaned, rented,
assigned or transferred to any third party without
our prior written consent.
You
shall supply and replace, at your expense, any batteries
required for operation of our equipment.
You
hereby grant us and our agents reasonable access to
the service address premises to install, inspect,
service or remove our equipment. Labour, parts, and/or
administration fees may apply. Proper identification
will be provided on request. Rental charges for equipment
will continue until access is gained by us or our
agents to complete cancellation/pick-up of equipment
or until you return the equipment to our premises.
Warranty
Under
normal use and conditions, we warrant any purchased
equipment against defects in material or workmanship
in normal use for twelve (12) months from date of
purchase.
Your
sole remedy for breach of this warranty is that we
will replace any defective rental equipment.
We
warrant that all work which is necessary for the proper
installation, maintenance, repair and replacement
of the Services shall be carried out in a good workmanlike
manner, shall comply with all applicable laws, regulations,
by-laws, orders, rules and ordinances of any competent
authority, shall be subject to our supervision and
shall be performed only by persons we approve or designate.
To
the extent that damage to your property or that of
others is caused directly by the installation and/removal
by our equipment, you agree to provide us written
notice of such damage within fourteen (14) days of
our attendance at your premises. Upon receiving written
notice from you, we shall dispatch authorized personnel
to your premises to inspect the damage, and if we
are satisfied that we caused such damage, we shall,
at our own expense, perform necessary remedial work
to restore your property to its original condition.
If your notice is not received within the fourteen
(14) day period, you are deemed to have accepted the
condition of your property without any further right
to claim damages against us.
In
any event, we shall not be liable for any indirect
or consequential damages whatsoever resulting from
the installation and/or removal of our equipment from
your premises or from the presence of our equipment
on your premises.
Service
Rates
The prices for the Service are made available on our
web site and are subject to change without notice.
Invoices
We
will invoice you monthly, in advance of the provision
of Service, unless otherwise specified in these Terms
and Conditions. The invoice will include, and you
will be responsible for, any applicable provincial
and federal taxes, as well as interest charges on
overdue invoices.
You
must bring invoice inquiries and disputes to our attention
within 30 days of the invoice date and failure to
do so will be deemed to be an admission that the entire
contents of the invoice are accurate.
Payment
Terms
Invoices are due on the date specified on the invoice.
Interest will accrue on unpaid amounts as and from
30 days after the invoice date at the rate of 1.5%
per month (19.56% per annum), or such other rate as
we may determine from time to time. Payment shall
be made by credit card (Visa or MasterCard ) or pre-authorized
payment. Should a payment be rejected by your financial
institution for any reason, you will be charged a
fee of $20.00.
Should
you choose to pay invoices by any method other than
by monthly credit card charges you may be subject
to a credit check. We reserve the right to examine
your credit record before we provide, continue or
reinstate Services to you. You authorize us to investigate
your creditworthiness and agree, from time to time,
to provide appropriate authorizations and financial
information as we may reasonably request for this
purpose.
Service
Interruption
We
may suspend the Service at any time for any duration
of time, without penalty or liability to ourselves,
where necessary. You agree that it may be necessary
for us to temporarily suspend our Service for technical
reasons or to maintain our network, equipment or facilities.
We shall not bear any liability whatsoever for: (i)
any such suspensions of Service; (ii) the termination
of Service pursuant to these Terms and Conditions;
(iii) suspension or termination of Service due to
your non-payment of amounts or deposits due; (iv)
suspension or termination of Service due to your unlawful
or improper use of facilities or Service by you; (v)
your inability to access any Services; or (vi) suspension
or termination of the Service for any other reason
at our sole discretion.
Limitation
of Liability
The
Service is provided on an "as is" and "as available"
basis and use of the Service is at your own risk.
We make no representations or warranties whatsoever,
either express or implied, with respect to the Service
or any service, merchandise or information provided
through the Service, including without limitation
any representation or warranty with respect to the
network transmission capacity of any common carriers
used by us or the accuracy or quality of the Service.
There is no warranty of title, non-infringement nor
any implied warranty of merchantability or fitness
for a particular purpose. It is solely your and your
authorized users' responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice,
services and other information and the quality and
merchantability of the Service and all merchandise
and services provided through the Service generally.
Neither
we nor our suppliers warrant that the Service will
be uninterrupted or error free.
Without
limiting the generality of the foregoing, we and our
suppliers, and our respective directors, officers
and employees (collectively, in this paragraph, "Cybernet"),
are not responsible or liable to you or third parties
for any claim, loss, damages, liability or expenses
you or others may suffer or incur as a result of,
arising out of, or in any way connected with the Service,
any use of it or interruption in it, or our equipment,
whether through act or omission, negligence or otherwise,
and whether direct or indirect. Without limitation,
Cybernet is not liable for any incidental, special,
consequential, punitive, aggravated or exemplary damages,
or loss of use, data, business, income or profits,
even if Cybernet has been advised of the possibility
of such claim, loss, damages, liability or expenses
by you or others. You assume all responsibility and
liability with respect to mistakes, omissions, interruptions,
errors, defects, delays in operation or transmission,
or any failure of performance. The limitations on
liability contained in this Agreement shall survive
the termination of this Agreement. Without limiting
the generality of the foregoing, in no circumstances
shall our liability to you exceed one (1) month's
user fee.
Your
Indemnification of Cybernet
You shall indemnify and hold us and our directors,
officers and employees harmless against all claims,
loss, damages, liability or expenses that we and/or
they may suffer or incur, directly or indirectly,
arising out of, resulting from or in connection with
your use of the Service. Indemnification includes,
but is not limited to, claims by third parties, the
installation, presence, maintenance, and removal of
any and all equipment, the violation by you of the
Agreement in force from time to time, and legal fees,
disbursements and all other reasonable costs incurred
by us in connection with any legal, collection or
other proceedings brought by us against you related
to this Agreement.
Relationship
The relationship between us constitutes that of independent
contractors. You do not possess, nor are you able
to distinguish yourself as having, any authority to
act for or create any obligation of, or make any representation
on behalf of or in our name. You shall not use, in
any manner or circumstance whatsoever, trademarks,
trade names, logos or designs owned or licensed by
us.
Enurement/Assignment
These
Terms and Conditions are binding upon, and shall enure
to, our benefit and that of our respective successors,
heirs, executors, administrators, personal representatives
and permitted assigns. You shall not assign or transfer
your rights or obligations hereunder or otherwise
in respect of the Service without our prior written
consent.
Notice
Any
notice by you to us shall be submitted in writing
by e-mail to: accounts@mycybernet.net for Residential customers or Business customers. Please
visit our website www.mycybernet.net for additional
contact information.
Force
Majeure
Neither of us shall be liable for any delay, interruption
or failure in the performance of our obligations if
caused by acts of God, declared or undeclared war,
fire, flood, storm, slide, earthquake, power failure,
the inability to obtain equipment, supplies or other
facilities that are not caused by a failure to pay,
labour disputes, or other similar events beyond the
control of the party affected that may prevent or
delay such performance. If any such act or event occurs
or is likely to occur, the party affected shall promptly
notify the other, giving the particulars of the event.
The party so affected shall use reasonable efforts
to eliminate or remedy the event.
Unenforceable
Provisions
If any part of these Terms and Conditions is found
to be invalid or unenforceable under applicable law,
such part shall be ineffective to the extent of such
invalid or unenforceable part only, without in any
way affecting the remaining parts of these Terms and
Conditions.
Governing
Law
The
rights and obligations of the parties pursuant to
these Terms and Conditions is governed by, and shall
be construed in accordance with, the laws of the Province
of Ontario, and the Federal laws of Canada applicable
in said Province.
The
Service originates in Canada and is directed to residents
of Canada and USA.
You
may be subject to other local, provincial, State and
national laws. You hereby irrevocably submit to the
exclusive jurisdiction of the Courts of the Province
of Ontario for any dispute arising under or relating
to this Agreement and waive your right to institute
legal proceedings in any other jurisdiction. We shall
be entitled to institute legal proceedings in connection
with any matter arising under this Agreement in any
jurisdiction where you reside, do business or have
assets.
Language
These
terms and conditions are available in Englis only
and apply to all other languages.
Waiver
No
waiver of any of the provisions of these Terms and
Conditions shall be deemed to constitute a waiver
of any other provision nor shall such a waiver constitute
a continuing waiver unless otherwise expressly provided
in writing duly executed by the party to be bound
thereby.
Entire
Agreement
These
Terms and Conditions represent the complete Agreement
and understanding between us with respect to the Service
and supersede any other written or oral agreement.
Note:
Product names and terms used throughout these Terms
and Conditions are registered or pending trademarks
of, or are licensed by, Cybernet. All other product
and/or brand or company names mentioned in these Terms
and Conditions or otherwise in connection with the
Service are the trademarks of their respective owners.
Internet
Service Terms & Conditions
License
to Company-provided Software
Your
right to use the software provided by us, including
any updates, new editions or versions issued by us
from time to time, shall be subject to those terms
and conditions set out in our Software License Agreement
. You hereby acknowledge receipt of the software license
agreement with your copy of the software provided
by us.
End
User
You
warrant that you are the end user of the software
and the Internet Service provided under this Agreement.
Manner
of Use
You
agree to use the Service in a courteous and cooperative
manner so as to avoid abusing the Service or the custom,
Netiquette and user etiquette in place from time to
time. You also agree to respect the use of the Internet
so that you do not violate the laws or affect the
rights of others. You will not misuse proprietary
information or property of others for your own purposes
or otherwise and will not publish threatening or defamatory
materials or any materials otherwise injurious to
the business or reputation of others. In particular,
without limiting the generality of the foregoing,
you shall not do, nor permit any of the your authorized
users or other third parties to do, any of the following:
1. |
Disclose
private communications or disclose confidential
information without permission to parties other
than the intended recipient; |
2. |
Restrict
or inhibit any other user from using and enjoying
the Internet; |
3. |
Post
or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, pornographic, or
profane information of any kind, including without
limitation any transmissions encouraging conduct
that would constitute a criminal offense, give
rise to civil liability, or otherwise violate
any local, provincial, state, national or international
law. |
4. |
Impersonate
another person when posting or transmitting messages; |
5. |
Choose
a user name for your email address which is protected
by copyright, or other intellectual property right,
without obtaining permission of the copyright
or other right holder; |
6. |
Choose
a user name for your email address which is libelous,
defamatory, obscene, threatening, abusive or hateful; |
7. |
Post
or transmit any information or software that you
are aware contains a virus, worm, or other harmful
component; |
8. |
Upload,
post, publish, transmit, reproduce, or distribute
in any way, information, software or other material
obtained through the Internet which is protected
by copyright or other proprietary right, without
obtaining the permission of the copyright owner
or right holder; |
9. |
falsify
user information provided to us or to other users
of the Service in connection with the use of our
Service; |
10. |
Multiple
logins, including, without limitation, logging
in simultaneously from home and office, unless
expressly provisioned through specific Internet
access service packages; |
11. |
Engage
in account sharing, including, without limitation,
permitting third parties to use your Internet
access account and password; |
12. |
Engage
in line camping, including, without limitation,
being connected for excessive periods of time; |
13. |
Unauthorized
attempts to use or gain access to any account
or computer resource not belonging to you; |
14. |
Use
any means or device to obtain, or attempt to obtain,
the Services with the intent to avoid the applicable
charges; |
15. |
Use
any means or device to gain unauthorized access
to, alter, or destroy (or any attempt thereof)
the data or information of any other customers
and/or their end users; |
16. |
Engage
in any activities that will cause a disruption
of the Services (e.g. synchronized number sequence
attacks) to other users and/or their end-users; |
17. |
Engage
in any activities that will damage the systems
of, or cause a disruption of Internet services
to, third parties; |
18. |
Spamming
or other advertising that is objectionable to
us in our sole discretion, including, without
limitation, sending unsolicited mass e-mailings
to more than twenty-five (25) e-mail users, if
such unsolicited e-mailings provoke complaints
from the recipients or posting a single article
or advertisement to more than ten (10) Usenet
or other news groups or forums; |
19. |
Posting
to any Usenet or other news group, forum, e-mail
mailing list or other similar group or list articles
which are off-topic according to the Charter or
other published FAQ, or description of the group
or list; |
20. |
Use
the Services in any manner so as to harass, threaten,
abuse, embarrass, or cause distress, unwanted
attention, or discomfort to any person or entity; |
21. |
Use
the Services to post or transmit any chain letter,
or letters or messages that offer a product or
service based on the structure of a chain letter; |
22. |
Engaging
in any of the foregoing activities using the service
of another access provider, but channeling such
activities through a Company account or re-mailer,
or using a Company account as a mail drop for
responses; |
23. |
Use
the Services in violation of the law, or in aid
of any unlawful act, or to interfere with the
use and operation of our network. |
Remedial
Actions for Internet Abuse
We
consider the above practices to constitute abuse of
both our Internet Service and of the recipients of
such unsolicited mailings or postings who often bear
the expense. Engaging in one or more of these practices
will result in immediate termination of your account.
We reserve the right to define, in our sole discretion,
conduct that violates the above provisions and guidelines
and to deny access at any time to users who breach
the above rules or cause other abuses that are disruptive
to our subscribers. We reserve the right to implement
and take legal and technical steps to prevent unsolicited
bulk e-mail or other unauthorized e-mail from entering,
utilizing or remaining within our proprietary computers
and computer network. If we receive complaints from
third parties against you for spamming, sending unsolicited
mass e-mailings or any other form of Internet abuse,
we reserve the right to charge you with an administrative
fee for such complaints received by us. Nothing contained
in this policy shall be construed to limit our actions
or remedies in any way with respect to any of the
foregoing activities. We reserve the right to take
any and all additional actions we may deem appropriate
with respect to such activities, including, without
limitation, all rights and remedies available to us
at law or in equity. Our failure to enforce these
policies in every instance does not amount to a waiver
of any of our rights. Please review our Internet
Abuse Document for information on spamming, harassment
and unsolicited advertising.
Warning
about Sexually Explicit Materials
YOU
ACKNOWLEDGE THAT THE INTERNET CONTAINS UNEDITED MATERIALS,
SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH YOU MAY
OTHERWISE DEEM OFFENSIVE. YOU ACCESS SUCH MATERIAL
AT YOUR OWN RISK. WE BEAR NO RESPONSIBILITY WHATSOEVER
FOR THE EXISTENCE OF SUCH MATERIALS NOR FOR THE ACCESS
TO ANY SUCH MATERIALS WHICH MAY BE MADE USING OUR
SERVICE. WE ENCOURAGE YOU TO TAKE AN INTEREST IN YOUR
CHILD'S ACTIVITIES ON THE INTERNET AND TO LIMIT ACCESS
TO THOSE PORTIONS OF THE INTERNET WITH WHICH YOU ARE
UNCOMFORTABLE.
Parental
Filters
We
do not provide any parental filter with our Internet
package which would allows you to control the content
and portions of the Internet that your child has access
to. This is solely your responsibility. However, you
should not rely on the parental filter as the only
means to control the content to which your child may
have access. We shall have no any liability whatsoever.
Privacy
and Security
We
cannot ensure or guarantee privacy for users of our
Internet Service and recommend that our Internet Service
not be used for the transmission of confidential information,
including credit card information. Any such use shall
be at your sole risk, and we shall have no liability
in connection therewith.
Commerce
over the Internet
When
making purchases or other transactions using our Internet
Service, you may be required by the merchant, information
provider or service provider to supply personal information
including credit card information or other means of
payment. We are in no way responsible for any charges
you may incur when making purchases or other transactions
in this manner.
You
understand that you and your authorized users may
access the Internet through the Service. You further
understand that we and our suppliers do not operate
or control the Internet in any way. All merchandise,
information and services offerings, made available
or accessible on the Internet, are offered, made available
or accessible by third parties who are not affiliated
with us.
Monitoring
We have no obligation to monitor our Internet Service.
Your participation in on-line communications occurs
in real-time and is not edited, censored, or otherwise
controlled by us. Further, we cannot and do not screen
content provided by users of our Internet Service.
Despite
the foregoing, you agree that we have the right to
monitor our Internet Service electronically from time
to time, to disclose any information as necessary
to satisfy any law, regulation, or other governmental
request, to operate our Services properly, or to protect
ourselves or our subscribers. We will not intentionally
monitor (except for the purposes of testing or security
protection) or disclose any private electronic email
message unless required by law. We reserve the right
to refuse to post or to remove any information or
materials in whole or in part, to refuse access to
web sites that, in our sole discretion, are unacceptable,
undesirable, or otherwise in violation of these Terms
and Conditions and/or applicable law.
Term
The
initial term for the Service shall be for one (1)
month. You may be required to commit to a longer term
and pricing discounts may be made available to you
for such longer term commitment. At the end of the
initial term, accounts automatically renew on a Quarterly
basis unless terminated by either of us in accordance
with these Terms and Conditions.
Invoices
and Payment Terms
We
may send any invoices to you by mail, e-mail or fax,
and you agree to accept these as our duly issued invoices.
If
you are a residential customer, you may request for
an invoice statement which will be sent to you by
e-mail. You may request for an invoice statement by
mail or facsimile at an additional charge.
We
may require the first and last month's charges to
be paid in full, and in advance, by the same method
of payment as the remainder of the term is to be paid
(i.e. Visa or MasterCard Credit card or pre-authorized
payment). Cash or Cheque payments will not be accepted
as first and/or last month's payment. For ALL monthly
Accounts, the LAST month paid (in advance) is non-refundable.
Limited
Access Accounts
For
Lite Surfer accounts, hours are not transferable,
unused hours cannot be accumulated and no credit will
be given for unused hours. Should the number of hours
in a Lite Surfer account be exceeded, an additional
fee $ 1.25/hour plus applicable taxes will be applied
to the account for each additional hour used. You
can monitor your usage by visiting our website.
Unlimited
Access Accounts
Unlimited
access accounts are not dedicated connections, resulting
in dynamic IP addressing and connections that are
not suitable for network environments. Static IP address
services may be obtained through commercial sales.
We
reserve the right to restrict any and all access during
peak periods.
Unlimited
access accounts will automatically time-out and disconnect
after 40 minutes of modem connection inactivity to
ensure that your connection is in full use. File downloading
will not be affected by inactivity time-outs as this
procedure constitutes use.
Unlimited
Dial-up access accounts may be restricted during peak
hours (approximately 6pm to midnight local time) by
being placed on a Heavy User list. We have determined
this time limit on sessions through network load analysis
algorithms to adjust the static session limits based
on network demand during peak hours. Based on this
configuration, the more users on-line during peak
times, the more likely queuing algorithms will invoke
and adjust session limits. You may immediately re-dial
in upon disconnection. There are no restrictions on
the number of times you may dial in each day. Heavy
Users are defined as those who are on-line for approximately
50 hours or more each week.
Unlimited
access accounts are not ISDN capable. Package availability
may be restricted to certain service areas.
Personal
Web Page
If you are an internet connectivity customer, you
may be entitled to a certain amount of free web space
to be used for your personal web page. Please check
our web site at www.mycybernet.net for details. Upon
your request, we will make the web space available
so that you may create a web page on it and use it
as your personal homepage for the express purpose
of transmitting information to others over the Internet.
Personal Web Pages are for personal use only and must
not be used for commercial purposes. If you use the
server for commercial use, your account may be suspended
or revoked at our discretion.
As
we have no way of ensuring that only adults are able
to view your pages through the Internet, we do not
permit adult material of any form (including but not
limited to images, text, sound, video, etc) to be
placed on a personal web page.
Further,
you are not permitted to distribute material promoting
hatred against individuals or groups or any content
which is deemed illegal under the laws of Canada.
We
reserve the right to decline requests for web space
rentals and to cancel any account at our discretion.
You
are also not permitted to distribute material promoting
any form of network abuse, such as bulk spam mailers,
sniffers, or hacking tools.
Domain
Name Registration
When
you register a domain name, Cybernet will set up,
free of charge, an "Under Construction" page that
provides links to our products and services, until
such time you create your own web site. Further information
on packages, pricing and features can be viewed on
our web site www.mycybernet.net.
Email
Attachments and Storage
Email attachments are limited to ten (10) megabytes
per message. Your total email storage capacity using
any of our Internet Service is limited to fifteen
(25) megabytes.
Password
and/or User ID Modifications
Upon request, we will modify your account's Password
and/or User ID at a cost of $15.00 per modification.
Equipment
The
equipment required to access and use the Internet
Service may change from time to time. You understand
and acknowledge responsibility to ensure that your
equipment meets the latest minimum requirements stated
by us as being necessary to use the Internet Service.
Accordingly, should your equipment no longer be adequate
to access the Internet Service, you must upgrade and/or
replace your equipment at your own cost and expense.
You expressly agree and acknowledge that, should you
decide to forego upgrading and/or replacing your equipment,
your sole recourse will be the cancellation of the
Service as and from the date of notice as provided
in this Agreement.
Limitation
of Liability
Neither
we nor our suppliers warrant that the Internet Service
will be uninterrupted or error free or that any information,
software, or other material accessible on the Internet
is free of viruses, worms, Trojan horses or other
harmful components.
You assume all responsibility and liability with respect
to mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation or transmission,
or any failure of performance.
Long
Distance
Local access to the Service is available in selected
areas in Canada, as determined by us. We are not responsible
for any long-distance charges that may be incurred
through use of our Internet Service. If you choose
to dial up to the Internet Service outside of the
selected areas, you will be responsible for all applicable
long distance charges. Please note, if you must dial
1, then an area code, to reach any of our dial-up
access lines, there will be a long-distance charge
levied by your long distance service provider. Some
versions of Windows may automatically add a country
code and area code to your dial-up networking settings.
You must check with technical support if you have
has any doubts about the modem settings.
Cybernets
Right to Discontinue Service
We
reserve the right to cancel the provision of our Internet
Service to you at any time without notice and at our
sole discretion. Without limitation, if you modify,
alter, reverse engineer, decompile, disassemble or
create derived works based on our proprietary network
protocols or software provided by us, your action(s)
will constitute Service abuse and we will have the
right to immediately terminate the account without
limiting any other recourse we may wish to pursue
against you in respect of such infringements and illegal
activity.
All
user names associated with the Internet Service shall
remain our property and we may, at any time at our
sole discretion, require you to change your user name.
Customer
Acceptance of Terms and Conditions
You
automatically accept all of the Terms and Conditions
as stated herein by installing the Internet access
kit into your computer and any other computer programs
and software provided by us or on our behalf from
time to time. You also accept these Terms and Conditions
by accessing the Internet and commencing and continuing
to use the Internet through any of the Service provided
herein. You further agree to abide by all of the rules
which may be changed by us from time to time by notice
published on our web site, sent by email or by fax
to you.