April 22, 1998: http://www.datanet.ab.ca/dnterms.htm (page does not exist)
PG DataNet Terms and Conditions of Service
All provisions of this PG DataNet Inc. Service Agreement apply
to the Account Holder’s Principle Account
and Associate Accounts billed to the Account.
The benefits of or rights conferred by this Service Agreement
are non transferable. Use of PG DataNet
accounts is expressly limited to the person or business whose
name appears on the account and, at the
discretion of PG DataNet Inc., to dependents of the account
holder living at the same address.
PG DataNet Inc. makes no warranties of any kind, whether
expressed or implied, for the services it is
providing. PG DataNet Inc. also disclaims any warranty of
merchantability or fitness for a particular
purpose.
PG DataNet Inc. will give reasonable notice of all planned
system upgrades and system maintenance
procedures that may result in service interruptions. PG
DataNet Inc. will not be responsible for damages or
losses suffered due to service interruptions.
Account Holder shall use information obtained through the
Internet at Account Holder’s own risk and Account
Holder indeminifies and holds harmless PG DataNet Inc., PG
DataNet Inc. account holders, PG DataNet Inc.
employees and PG DataNet Inc. business relationships from any
claims resulting from the use of information
obtained through the Internet.
Account Holder is responsible for all use of Account Holder’s
account(s) and Account Holder indemnifies
and holds harmless PG DataNet Inc., PG DataNet Inc. account
holders, PG DataNet Inc. employees and
business relationships from any claims resulting from Account
Holder’s use of PG DataNet services for
unlawful purposes or purposes which damages Account Holder or
another party.
PG DataNet Inc. exercises no control over the content of
information transferred over the Internet and
Account Holder indemnifies and holds harmless PG DataNet Inc.,
PG DataNet Inc. account holders, PG
DataNet Inc. employees and pd business relationships from any
claims resulting from any claims resulting
from the content of information transferred over the Internet.
Account Holder is responsible for all use of Account Holder’s
account(s) and Account Holder indemnifies
and holds harmless PG DataNet Inc., PG DataNet Inc. account
holders, PG DataNet Inc. employees and
business relationships from any claims resulting from Account
Holder’s inability to use PG DataNet Inc.
services.
PG DataNet Inc. reserves the right to change without notice PG
DataNet services not explicitly covered under
this Service Agreement, including, but not limited to, access
procedures, menu structures, commands,
documentation, PG DataNet hardware, PG DataNet software and
services offered.
PG DataNet Inc. is not responsible for protection or privacy
of any information held by Account Holder or
transferred through the Internet by Account Holder.
Account Holder is responsible for the confidentiality of
Account Holder’s passwords. PG DataNet Inc. will
cancel access and change access to Account Holder’s account(s)
immediately upon notification Account
Holder’s password has been compromised.
PG DataNet Inc. reserves the right to change prices not
explicity covered by this Service Agreement without
notice. PG DataNet Inc. reserves the right to delete Account
Holder’s personal files, email and any other
information associated with the Account Holder’s account upon
termination of this Service Agreement.
PG DataNet Inc. reserves the right to suspend or terminate
Account Holder’s account upon any breach of this
Service Agreement by Account Holder, including, but not
limited to, failure to pay for services or performing
acts harmful to PG DataNet Inc., PG DataNet Inc. account
holders, PG DataNet Inc. employees, PG DataNet
Inc. business relaitonships or any other user of the Internet.
PG DataNet Inc. reserves the right to suspend Account Holder’s
account if payment for services is not
received by the 3rd day after such payment is due.
PG DataNet Inc. reserves the right to terminate Account
Holder’s account if payment for services is not
received by the 5th day after such payment is due.
PG DataNet Inc. reserves the right to suspend or terminate
Account Holder’s account(s) upon an indication of
credit problems including, but not limited to, delinquent
payments, rejection of credit card authorization or
charges, disputed credit card charges and returned (NSF)
cheques. A $25.00 Service Fee shall be charged
for all NSF cheques. A $15.00 Reactivation Fee shall be
charged on all suspended accounts.
PG DataNet Inc. reserves the right to terminate Account
Holder’s account(s) if Account Holder is suspected
of using PG DataNet resources for the purpose of tampering
with the security systems and security policies of
PG DataNet Inc. or any other system or element of the
Internet. Any evidence of such tampering shall be
turned over to proper authorities and PG DataNet Inc. shall
cooperate fully in the prosecution of persons
accused of such acts.
PG DataNet Inc. reserves the right to suspend or terminate
Account Holder’s account(s) if Account Holder’s
consumption of PG DataNet’s resources exceed the terms of this
Agreement or reasonable and customary use
of the service. For the purposes of this agreement, with
specific regard to Flat Rate Dial-Up Accounts,
reasonable and customary usage is understood to include an
unlimited number of Internet sessions where
Account Holder is actively and personally involved in the
Internet sessions where the Account Holder logs
on to PG DataNet at the beginning of a session and logs off of
PG DataNet at the end of session. Under no
circumstances will multiple logins and/or unattended processes
(including irc bots, ftp services, www
services, ping, email utilities, etc.) be authorized or
tolerated.
PG DataNet Inc. reserves the right to require credit card
payments upon re-initiation of services after either
account suspension or account termination.
Account Holder will be charged $15.00 service fee for
Reactivation of services after account termination.
PG DataNet Inc. reserves the right to modify the Service
Agreement upon notifying Account Holder. Account
Holder’s use of PG DataNet’s services after such notice shall
constitute Account Holder’s acceptance of the
modification of the Agreement between PG DataNet Inc. and the
Account Holder.
Non-Enforcement of this Service Agreement does not constitute
consent and PG DataNet Inc. reserves the
right to enforce the Agreement between PG DataNet Inc. and the
Account Holder at its sole discretion.
This Service Agreement and the legal relationship between PG
DataNet Inc. and the Account Holder shall be
governed and interpreted in accordance with the laws of the
Province of Alberta.
Use of PG DataNet Inc. services constitutes acceptance of this
Service Agreement.
This Service Agreement supersedes all previous
representations, understandings or agreements and shall
prevail notwithstanding any variance with any other agreement
between PG DataNet Inc. and Account
Holder.
