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Pic River Community Network - Internet ServicesHigh Speed Cable Internet Services - Home ServicesMinimum System Requirments > Pricing > Service Agreements > Bulletin Board/Message Board > Chat
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[ top ] Service Agreement and Acceptable User Policy (A.U.P) 1. Services The customer requests Pic River Development Corporation "PICRIVERISP.NET" and PICRIVERISP.NET is pleased to provide to its customer(s), High-Speed Cable Internet Access (the "Services"), subject to the terms and conditions contained herein. 2. Access Services Provided and Payment Terms (a) By accessing the Services, you agree to the terms and conditions set out below. If you do not agree with any of the following terms and conditions, you may not access or use the Services. You acknowledge that all services obtained by you over the Internet and charges for such services are your responsibility. (b) PICRIVERISP.NET may change portions of this Agreement from time to time upon reasonable notice to you. It is further acknowledged that this Agreement is subject to terms and conditions that may be required by statute, regulation or CRTC (or other regulatory body) pronouncement. PICRIVERISP.NET may disclose any information as is necessary to: satisfy any legal, regulatory or other governmental request; operate the Service properly; or protect PICRIVERISP.NET or its customers. (c) You agree to pay the Pic River Development Corporation 'PICRIVERISP.NET or PRDC Internet' the applicable monthly fees and installation fee, referred to herein, plus applicable taxes, incurred in connection with the use of the Services. 3. Customer Computer It is your responsibility to ensure that your computer equipment meets the requirements set out by PICRIVERISP.NET as may be amended from time to time, that are necessary to use the Services. 4. Relocating Cable Modem You agree not to relocate PICRIVERISP.NET's cable modem within your premises without notifying PICRIVERISP.NET, so that PICRIVERISP.NET may schedule a mutually agreeable time to undertake such work. If you decide to move to premises which are not located in a Service-ready area within PICRIVERISP.NET's territory, this Agreement shall be terminated. 5. Limited Warranty ALL EQUIPMENT AND SERVICES ARE PROVIDED BY PICRIVERISP.NET "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. PICRIVERISP.NET DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR SERVICES. PICRIVERISP.NET DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES IS FREE OF VIRUSES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED. 6. Acceptable Use Policy You agree to comply with the policies respecting permitted and prohibited
use of the Service as may be posted from time to time on the PICRIVERISP.NET
High-Speed Internet Services Customer Support website at Without limiting the generality of the foregoing, you agree not to: (a)invade another person's privacy; unlawfully use, possess, post,
transmit or disseminate obscene, profane or pornographic material; post,
transmit, distribute or disseminate content which is unlawful, threatening,
abusive, libelous, slanderous, defamatory or otherwise offensive or
objectionable; unlawfully promote or incite hatred; or post, transmit
or disseminate objectionable information, including, without limitation,
any transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any municipal, provincial, federal or international law, order or regulation;
(b) access any computer, software, data, or any confidential, copyright
protected or patent protected material of any other person, without
the knowledge and consent of such person;
(c) copy, distribute or sub-license any software provided by PICRIVERISP.NET,
except as otherwise provided in the applicable software license agreement;
(d) alter, modify or tamper with the equipment or Services;
(e) upload, post, publish, deface, modify, transmit, reproduce, or
distribute in any way, information, software or other material obtained
through the Service which is protected by copyright, or other proprietary
right, or related derivative works, without obtaining permission of
the copyright owner or rightholder;
(f) restrict, inhibit or otherwise interfere with the ability of any
other person to use or enjoy the equipment, the Services or the Internet,
including, without limitation: posting or transmitting any information
or software which contains a virus, lock, key, bomb, worm, trojan horse
or other harmful or debilitating feature, distributing mass or unsolicited
e-mail ("Spamming"), or otherwise generating levels of traffic sufficient
to impede others' ability to send or retrieve information;
(g) disrupt PICRIVERISP.NET’s backbone network modes or network services,
or otherwise knowingly disrupt the Service;
(h) share, resell or provide the PICRIVERISP.NET Services to any third
party. The Services are for personal use only and you agree not to use
the Service for operation of an Internet Service Provider business or
for any other business enterprise in competition with the Service;
(i) host an Internet Server at your premises using the Residential
PICRIVERISP.NET High-Speed Cable Internet Package. Engaging in one or
more of these activities may result in termination of this Agreement.
7. No Liability For Content
You acknowledge that there is some content on the Internet and other
Services which may be offensive to some customers, or which may notbe
in compliance with all local laws, regulations and other rules. All content
accessed by you through the Service is accessed and used by you at your
own risk. PICRIVERISP.NET assumes no liability whatsoever for any claims
or losses arising out of or otherwise relating to access to or use of
such content by you. You agree to hold PICRIVERISP.NET harmless from all
liabilities and expenses related to any breach of this Agreement by you
or any other user of your computer or in connection with your or such
other users use of the Service.
8. Access to the Customer's PC by Other Users
You acknowledge that when accessing the Internet, there are certain applications
which are designed to allow other users to gain unauthorized access to
your PC. You assume the responsibility for such matters.
9. Limitation of Liability
(a) In the event of any breach by PICRIVERISP.NET, its affiliates or
its agents, including any breach of a fundamental term or any negligence
by PICRIVERISP.NET, your exclusive remedy shall be to receive from PICRIVERISP.NET
payment for actual and direct damages to a maximum amount equal to the
fees paid by you to PICRIVERISP.NET in the past three months.
(b) Under no circumstances shall PICRIVERISP.NET, its affiliates or its
agents be liable to you or to any third party for any direct, indirect,
special, or consequential damages, including loss of profits and loss
of business opportunities, that result in any way from this Agreement,
including your use of the Service or to access the Internet or any part
thereof, or your reliance on or use of information, services or merchandise
provided on or through the Service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in preparations,
or transmission, or failure of performance.
(c) PICRIVERISP.NET shall not be liable for, and you shall indemnify
and save PICRIVERISP.NET harmless from and against all suits, claims or
judgements howsoever arising out of any of the following;
i. claims for libel, slander, infringement of copyright, trade-mark
or other intellectual property rights or contractual rights of any third
party or based on any other legal theory howsoever arising from the
material, data or other content from your transmissions from using the
Services;
ii. any losses, damages, expenses or costs (including legal fees) arising
out of or in connection with any claim, or other proceeding based upon
a contention that the use of the Equipment or Services by you or a third
party infringes any intellectual property rights or contractual rights
of any third party; or iii. claims by those to whom you may provide
services.
10. Personal Pages
(a) You may create personal pages on our World Wide Web Server (the "Site").
On the Site, you can conceive, design, create, maintain, and publish texts,
diagrams, illustrations, audio clips and related materials (the "Content")
for access by a global audience.
(b) You warrant that the Content on your Site is suitable for publication,
is not libelous or defamatory, does not breach the intellectual property
rights (including, without limitation, copyright) of any third party,
and complies with all laws, regulations, court orders and other legal
requirements.
(c) While it is your responsibility to regulate and control Content,
we may decide to suspend or delete your home page without your consent
if you violate this Agreement. In addition, if we determine that it is
appropriate, we may either
(i) issue a warning to you;
(ii) suspend your access to some or all of the Services; or
(iii) terminate this Agreement.
11. Termination and Expiration
You may terminate this Agreement at any time by providing PICRIVERISP.NET
with notice of such termination. PICRIVERISP.NET may suspend or terminate
this Agreement at any time in the event that you are in breach of any
term or condition of this Agreement. You agree that upon termination of
this Agreement:
(a) you will pay PICRIVERISP.NET in full for your use of the equipment
and Services up to the date of termination of this Agreement.
(b) you will permit PICRIVERISP.NET to access your premises at a mutually
agreed upon time to remove PICRIVERISP.NET's equipment and other material
provided by PICRIVERISP.NET. You will return or destroy all copies of
any software provided to you.
12. Ownership of Addresses
PICRIVERISP.NET owns all addresses provided to you, including but not
limited to IP addresses, e-mail addresses and personal web page addresses.
PICRIVERISP.NET may modify or change such addresses at any point in time
and shall in no way be required to compensate you for such changes.
13. End User Licenses
You agree to comply with the applicable terms and conditions of all end
user license agreements accompanying any software or plug-ins to such
software distributed in connection with Service.
14. Multiple Users
You acknowledge that you are executing this Agreement on behalf of all
persons who use the Services through your PC. You assume all liability
for such use of the Services and are responsible for ensuring that all
such other users understand and comply with the terms and conditions of
this Agreement.
15. Survival
Upon termination of this Agreement, all accrued obligations or liabilities
and the provisions which by their nature are intended to endure beyond
such termination will remain in effect. Without limiting the generality
of the foregoing, the provisions of Sections 5, 7, 8, 9 and 11 shall survive
the termination of this Agreement for any reason.
16. Waiver
The failure of either party to insist upon strict interpretation of this
Agreement or to exercise any option herein, shall not act as a waiver
of any right or option, but the same shall continue to be in full force
and effect. No waiver by either party of any breach shall be effective
unless expressed in writing.
17. General
In the event that PICRIVERISP.NET amends any of the provisions of this
Agreement, your continued use of the Services following such amendment
shall be deemed its acceptance of such amendments. If you do not agree
with any of the amendments to this Agreement, you agree to stop using
the Services. This Agreement shall be governed by and construed in accordance
with the laws of the province in which your billing address is located
and the federal laws of Canada applicable therein. This Agreement, the
Acceptable Use Policy and all Schedules attached to this Agreement constitute
the entire Agreement and understanding between the parties with respect
to the subject matter of this Agreement and supersede and replace any
and all prior written or verbal agreements. This Agreement may not be
assigned or transferred by you.
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© 2002 The Ojibways of the Pic River First Nation Community Network |