Internet Communications NetworkTERMS AND CONDITIONS1. DEFINITIONS Throughout this agreement: "Customer" means a Person who uses, receives or is given access to any service from ICN; "ICN" means ICN - Internet Communications Network, and anyone related to or affiliated with ICN, including its employees, agents, representatives, dealers, subcontractors or suppliers. "Person" includes individuals, partnerships, firms, corporations, proprietorships, government departments or agencies and the legal representatives of such person. "Service" means data transmission and communications access, which ICN furnishes, and any related hardware, software, labor, advice and consultations.
2. SUBSCRIPTION a) Upon ICN's acceptance of this Agreement, this Agreement shall constitute a subscription by the Customer for the Service.
3. RULES & REGULATIONS a) The Customer agrees to strictly abide by all the Rules and Regulations ICN may issue or adopt, from time to time. b) ICN will make these Rules and Regulations available to the Customer through its website at: http://www.niagara.com/aup c) The Rules and Regulations are subject to change at any time without notice. All changes are binding on the Customer as soon as ICN makes them available. d) By using or having access to the Service, the Customer acknowledges responsibility for reading the Rules and Regulations currently in effect or modifications made periodically. e) Connectivity is provided for the Customer only. The customer shall not resell connectivity to any other person.
4. RATES AND CHARGES a) The Customer agrees to pay ICN for the use of the Service at the time and in the amounts specified herein. b) The rates for the Service are set out in ICN's current RATE SHEET. ICN has furnished the Customer with the current RATE SHEET with this Agreement. All changes will be binding on the Customer as soon as ICN makes the revised RATE SHEET available. d) The Customer shall pay all fees, rates, charges, and any other amounts in accordance with the RATE SHEET current at the time the Customer uses or receives the Service from ICN. e) Service is invoiced monthly in advance. The Customer shall pay prior to commencement of the period for which Service is provided. f) Unused connection time for any month cannot be transferred to another month. g) All prepurchased usage and setup fees are non-refundable.
5. LIMITATION OF LIABILITY a) THE CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR LOSS OR DAMAGE ARISING THROUGH THE USE OF THE SERVICE. THE CUSTOMER AGREES TO INDEMNIFY AND HOLD ICN HARMLESS FROM AND AGAINST ANY CLAIMS ARISING FROM USE OF THE SERVICE
6. RENEWAL AND TERMINATION OF THIS AGREEMENT a) This agreement shall automatically renew for successive monthly terms on the expiry of the initial 1 month subscription period and each successive monthly term, unless the Customer or ICN gives the other notice of termination as specified in the following paragraph. b) This Agreement may be terminated without cause by either the Customer or ICN on 30 days written notice. Such notice shall be sent to the address on the previous page by courier or by registered mail. Alternatively, notice may be given via e-mail to ICN at sales@niagara.com, (this address is subject to change), and to the Customer at its ICN e-mail address. c) If the Customer defaults under this Agreement or breaches it in any way; i) ICN reserves the right to cancel all or any portion of the Service to the Customer immediately, without notice. ICN shall have the sole discretion and right to determine whether there has been any default or breach by the Customer; ii) the Customer agrees to pay all of ICN's expenses reasonably incurred in enforcing this Agreement, including service charges, late payments, NSF, legal and collection agency fees. d) Notwithstanding the termination hereof the Customer agrees to pay forthwith all amounts owing under this Agreement to ICN at the date of termination. e) The Customer has a period of five days to terminate the contract without penalties on prepaid services.
7. ADDITIONAL TERMS AND CONDITIONS a) This Agreement shall in all respects be governed by and interpreted pursuant to the law of the Province of Ontario. b) The Customer acknowledges that this Agreement is the complete and exclusive understanding between parties relating to the Service. This Agreement supersedes all prior agreements, oral or written, and all other communications between the parties. c) Any use by the Customer of the Service constitutes the Customer's binding acceptance of this Agreement. d) The Customer shall pay interest at 2% per month (24% per annum) on any outstanding balance. e) This Agreement shall be binding upon and for the benefit of the parties hereto, their lawful successors and assigns.
8. LIMITATION OF LIABILITY a) ICN does not warrant; i) Uninterrupted working of the Service or other communication transmission services, equipment or software which ICN provides, rents, or sells; ii) Uninterrupted working of the transmission services or equipment of any other communications or telephone company, carrier or system whose services or equipment ICN, or any Customer in connection with the Service utilizes; or iii) The privacy of any communications relying in whole or in part on the Service or other communication transmission service or equipment which ICN provides, rents, or sells, or on the transmission services or equipment of any other telecommunications or telephone company, carrier or system whose services or equipment ICN, or any customer in connection with the Service utilizes; and no such warranty or condition, whether expressed or implied by statute or otherwise, shall form a term or condition upon and under which ICN offers such transmission service or equipment to any Customer, user or any other Person. b) ICN shall not be liable to any Customer or any other Person for any damages or loss whatsoever (including without limitation, direct, indirect, special incidental or consequential damage or damages for damage to or loss of property, loss of earnings, loss of profits, loss of business opportunities, personal injury, mental suffering, or loss of life) howsoever arising or resulting out of the provision or the use or in connection with the Service or telecommunications transmission service or out of the use or installation or equipment or software ICN provides, rents, sells, or installs including, without limitation from defects, malfunctions or complete breakdown in transmission; incorrect installation or operation of transmission equipment or facilities; or from negligent, tortuous or delictual conduct of ICN or any other act or omission which might give rise to a civil cause or action. c) If an interruption or complete failure of ICN's transmission services shall occur that results in an interruption or complete failure of the Service or other telecommunications transmission service that ICN provides to the Customer, ICN shall, in the case of such an interruption to or failure of transmission service lasting 24 hours or more from the time ICN is advised of the interruption or failure, make a refund of charges proportionate to the length of the interruption or failure of service. Provided however these undertakings represent the sole extent of liability to ICN. d) The limitations of liability set forth in paragraph (a) hereof apply equally to data, voice, and other telecommunications or transmission services provided to the Customer by any other Internet Service operator pursuant to any agreement ICN enters into with such other internet communications service operator. In this regard, paragraph (b) is to be read as if every reference to "ICN" includes a reference to such other data communication service operator (it being acknowledged by each of the parties that for the purposes of this paragraph only, ICN is contracting as agent on behalf of such other internet service operator(s))
9. SURVIVAL a) The limitations of liability and the Customer's obligations as set out above shall survive the expiry or other termination of this Agreement. b) ICN's rates and charges may be subject to the Canadian Radio-Television and Telecommunications Commission's (CRTC) approval. Notwithstanding anything to the contrary herein contained, ICN may also terminate Service to the Customer and this Agreement without notice to the Customer if performing this Agreement would result in non-compliance with any applicable statue or regulation or the regulations or requirements of the CRTC or other regulatory authority having jurisdiction. c) Time is the essence with respect to this Agreement and no waiver by ICN of any default shall constitute a waiver of any other default by the Customer or waiver of ICN's rights. Except as provided herein, this Agreement may not be amended except in writing and shall be binding upon and enure to the benefit of the parties hereto, they're permitted successors and assigns. d) If any provision of this Agreement is determined to be unenforceable or invalid, that unenforceability or invalidity shall not affect the remaining portions of this Agreement and such unenforceable or invalid provision shall be deemed to be severed from the remainder of this Agreement.
RULES AND REGULATIONS 1) The Customer shall only use the ICN service for lawful purposes. Transmission of any data in violation of any federal or provincial law is prohibited. This includes, but is not limited to, data of any kind that is copyrighted, defamatory, threatening, obscene or protected by trade secret. 2) The Customer shall comply with the rules and regulations of any system or network accessed through ICN. The Customer shall be responsible for locating and becoming familiar with such rules And regulations. ICN will have no responsibility in this regard, although it is at liberty to publish such rules and regulations at its discretion.
ICN-INTERNET COMMUNICATIONS NETWORK, 3-4 Secord Dr., St. Catharines, ON. L2N 1K8 Voice: 905-988-9909 Fax: 905-988-1090 Internet: http://www.niagara.com E-mail: sales@niagara.com |