General Terms and Conditions of Use 1. Definitions: (a)Customer" is the person or organization who receives services from the "Company". (b)"Company" offering services to the Customer is Canada Internet Direct Inc. at 1050 - 555 West Hastings Street, Vancouver, B.C., V6B 4N6. 2. Service: Subject to all of the terms and conditions herein provided the Company agrees to provide to the Customer reasonable access to the Internet as determined by the Company from time to time. 3. Personal Web Page: A personal web page can be made available by the Company upon request, for the Customer to create and use his or her own personal homepage for the transmission of information to others over the Internet. This service is restricted to personal use only and excludes commercial use. 4. Manner of Use: In using the service, the Customer agrees to use the service in a courteous and cooperative manner, and so as not to abuse the service or the custom and user etiquette in place from time to time respecting the use of the Internet, and so as not to violate or affect the rights of others, including, but without limitation, that the Customer agrees not to use the service so as to violate the law, or to misuse the proprietary information or property of others for his or her own purposes or otherwise, and not to make publications which are threatening or defamatory or otherwise injurious to the business or reputation of others. 5. Term: This Agreement is for an initial term of one month (prepaid) which shall automatically renew each month for a further month unless terminated by the Customer or the Company. Five days' written notice prior to the end of the term must be given by the Customer for termination. Two weeks' notice prior to the end of the term will be given by the Company for termination without cause. No refunds will be given for partial terms, or the initial registration fee. 6. Termination by Company for Customer's Breach: In the event that the Customer breaches this Agreement, the Company may terminate this Agreement and the service to the Customer immediately for cause, in which event the Company will notify the Customer and allow 48 hours continued access by the Customer, to receive incoming e-mail messages only. 7. Payment Terms: The Customer agrees to pay the Company for the services provided in advance, in the amount published by the Company from time to time as its current fee amount for the services provided. Payment shall be made on the 1st day of each term by Visa, Mastercard or pre-authorized chequing. Past due accounts will be charged interest at the rate of the Royal Bank of Canada prime rate plus 5%. Should accounts become past due the Company may, at its discretion, disconnect Internet service to the Customer and thereafter will charge a reconnection fee of $25.00 upon the Customer's payment of the full amount then due. Should the Customer not reconnect, the Customer remains liable for the full amount outstanding for the term. 8. No Representations or Warranties by Company: The Company makes no representations or warranties of any nature whatsoever, whether express or implied, with respect to the provision and the installation and use by the Customer of any computer programs and software and associated manuals and information provided by the Company or on its behalf from time to time, and with respect to the use of the Internet access service and any other services provided by the Company or on its behalf from time to time, including, without limitation, any representation or warranty with respect to the network transmission capacity of the common carriers used by the Company, and further including, without limitation, any representation or warranty with respect to accuracy or quality, and the implied warranties of merchantability and fitness for a particular purpose. All items are supplied on an "as is" basis, and all uses are at the Customer's own risk. 9. Limitation of Liability: In any event the Company will not be responsible or liable to the Customer or others for any claim, loss, damages, liability or expenses the Customer or others may suffer or incur as a result of or arising out of or in any way connected with the computer programs and software or the services provided herein, or any use thereof or interruption therein, whether through act or omission, negligence or otherwise, and whether direct or indirect, including, but not limited to, incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if the Company has been advised of the possibility of such claim, loss, damages, liability or expenses by the Customer or others. The Customer assumes all responsibility and liability with respect to the content of any information transmitted to others over the Internet including, without limitation, information placed by the Customer on his or her own personal homepage. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, any determination by a court of competent jurisdiction of liquidated damages owing by the Company to the Customer shall be limited to one month's user fee only. 10. Force Majeure: The Company shall not be liable for any data or software damage or loss, or any service default or breach of this Agreement due to a cause beyond its control including, but not limited to, acts of God or the elements. 11. General Provisions: This Agreement shall be governed by the laws of the Province of British Columbia. It may be modified solely by the Company on two days' notice published on the Company's web site or sent by Fax or E-Mail to the Customer. No waiver of any of the provisions of this Agreement 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. The Customer shall be responsible for all of the costs and expenses including, but not limited to, reasonable legal fees and disbursements incurred by the Company in connection with any legal or other proceedings brought by the Company against the Customer related to this Agreement. Neither this Agreement nor any rights hereunder may be assigned, transferred, shared or delegated by the Customer without the prior written consent of the Company given by e-mail or fax. 12. Fee Increases: The Company reserves the right to issue notices of increases in the fees charged upon not less than two weeks' notice published on the Company's web site or sent by e-mail or fax to the Customer prior to the commencement of a new term. 13. Password and/or User I.D. Modifications: Password and/or user I.D. modifications to the Customer's account can be made by the Company upon request at a cost of $10.00 per modification. 14. Notice: Notices shall be given by way of e-mail or fax. The Company's e-mail address is: firstname.lastname@example.org. Fax: (604) 602-1700. 15. Invoices by E-Mail: The Company may send any invoices to the Customer by e-mail or fax, and the Customer agrees to accept these as duly issued invoices of the Company. 16. Customer Indemnification of Company: The Customer shall indemnify and save the Company and its affiliates and their officers and employees harmless from and against all claims, loss, damages, liability or expenses the Company and its affiliates and their officers and employees may suffer or incur directly or indirectly arising out of, resulting from or in connection with the Customer's use of the computer programs and software and the services provided herein including, but not limited to, violations of the law or the rights of any person or entity. 17. Customer Acceptance of Terms and Conditions: By installing the Internet access kit and any other computer programs and software provided by the Company or on its behalf from time to time into your computer and accessing the Internet and commencing and continuing to use the Internet through any of the services provided herein, you accept all of the terms and conditions of this Agreement as stated above, and you agree to abide by all of the rules set out below, which may be changed by the Company from time to time by notice published on the Company's web site or sent by e-mail or fax to the Customer. 18. Customer is End User: The Customer warrants to the Company that the Customer is the end user of the computer programs and software and the services provided under this Agreement. RULES The following are considered to be a breach of user contract by the Customer: NO multiple logins, e.g. logging in simultaneously from your home and office. NO account sharing, e.g. letting friends use your account and password. NO line camping, e.g. being connected for excessive periods of time. NO spamming will be permitted. The Management of the Company reserves the right at its discretion to deny access at any time to users who breach the above rules or cause other abuses which Management in its discretion deems disruptive to the rest of our customers.
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