Acceptable use Policy

Terms and Conditions and Acceptable Use Policy

Updated: March 31, 2009

1. Definitions

“Customer” is the person or organization who receives services from the “Company”. The “Company” offering services to the Customer is Secure by Design Technology Inc, located at 201-625 Front Street, Nelson, BC V1L 4B6. “Service” refers to reasonable Internet access as provided by the Company to the Customer, determined by the Company and subject to all of the terms and conditions herein provided.

2. Term

This agreement is for an initial term of one month (prepaid), which shall automatically renew each month for an additional month, unless terminated by the Customer or the Company. The Customer must give two weeks notice prior to the end of the term to terminate this agreement. The Company will give five days’ notice prior to the end of the term for termination without cause. No refunds will be given for partial terms or for the initial activation fee.

3. Customer Responsibilities

The Customer assumes total responsibility and risk for the Customer’s use and its authorized users’ use of the Service and the Internet. The Internet account is meant for the sole use of the contact of the account and its immediate family in one household or its staff in one business location. Distribution of account information is the sole responsibility of the customer and the customer will be held responsible for all activity or actions made on behalf of the account.

The Company, its affiliates and its suppliers do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of merchantability or fitness for a particular purpose), with respect to any merchandise, information or service provided through the Internet. The Company, its affiliates and its suppliers shall not be liable for any cost or damage arising either directly or indirectly from such transactions.

It is solely the Customer’s and its authorized users’ responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of all merchandise and services provided on the Internet in general.

4. Equipment

The computer equipment required to access and use the Service may change from time to time. The Customer understands and acknowledges responsibility to ensure that his/her computer system meets the latest minimum requirements stated by the Company as being necessary to use the Service. Accordingly, should the Customer’s computer equipment no longer be adequate to access the Service, the Customer must upgrade and/or replace his/her equipment at his/her own cost and expense. The Customer explicitly agrees and acknowledges that, should he/she decide to forego upgrading and/or replacing his/her computer equipment, the Customer’s sole recourse will be the cancellation of these Terms and Conditions as and from the date of notice as provided in Section 25 below.

5. License to Company-provided Software

The Customer’s right to use the software provided by the Company, including any updates, new editions or versions issued by the Company from time to time, shall be subject to those terms and conditions set out in the Company’s software license agreement. The Customer acknowledges that they are solely responsible for following instructions provided and installation of the software.

6. Manner of Use

The Customer agrees to use the Service in a courteous and cooperative manner so as to avoid abusing the Service and user etiquette in place. The Customer also agrees to respect the use of the Internet so that he/she does not violate or affect the laws and or rights of others.

The Customer will not misuse the Company’s proprietary information or property of others for his/her 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, the Customer shall not do, nor permit any of the Customer’s authorized users or other third parties to do, any of the following:

a. Disclose private communications without permission to parties other than the intended recipient, or disclose confidential information;

b. Restrict or inhibit any other user from using and enjoying the Internet;

c. 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, including without limitation export control laws and regulations;

d. Impersonate another person when posting or transmitting messages;

e. Choose a user name for his/her email address which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright holder or right holder;

f. Choose a user name for his/her email address which is libelous, defamatory, obscene, threatening, abusive or hateful;

g. Post or transmit any information or software that the Customer is aware contains a virus, worm, or other harmful component;

h. 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;

i. Falsify user information provided to the Company or to other users of the Service in connection with the use of a Company service;

j. Login multiple times simultaneously, including without limitation logging in simultaneously from home and office, unless expressly provisioned through specific Internet access service packages;

k. Share an account outside of immediate household, including without limitation permitting third parties to use Customer’s Internet access account and password;

l. Line camping, the activity where a user stays connected to the network even though there is no actual usage occurring, including without limitation being connected for excessive periods of time;

m. Spamming or other advertising that is objectionable to the Company in its 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; posting a single article or advertisement to more than ten (10) Usenet or other news groups, forums;

n. E-mail mailing lists or other similar groups or lists, and 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;
and

o. Engage 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.

The Company considers the above practices to constitute abuse of both the Company’s services 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 the Customer’s account. The Company reserves the right to implement technical mechanisms that block multiple postings before they are forwarded, as described above. Nothing contained in this policy shall be construed to limit the Company’s actions or remedies in any way with respect to any of the foregoing activities. The Company reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation all rights and remedies available to the Company at law or in equity.

7. Warning about Sexually Explicit Materials

The customer acknowledges that the Internet contains unedited materials, some of which are sexually explicit or which may otherwise be deemed offensive. The customer accesses such material at his or her own risk. The Company holds no responsibility whatsoever for the existence of such materials nor for the access to any such materials which may be made using this service.

8. Commerce over the Internet

When making purchases or other transactions using the Company’s Service or the Internet, the Customer may be required by the merchant or service provider, to supply personal information including credit card account number or other means of payment. The Company is in no way responsible for any charges its Customers may incur when making purchases or other transactions in this manner.

9. Monitoring

The Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. The Company has no obligation to monitor its Service. The Customer’s participation in on-line communication occurs in real-time and is not edited, censored, or otherwise controlled by the Company. The Company cannot and does not screen content provided by users of its services. The Customer hereby agrees that the Company has the right to monitor its Service electronically from time to time to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate its services properly, or to protect itself or its subscribers. The Company will not intentionally monitor (except for the purposes of testing or security protection) or disclose any private electronic email message unless required by law. The Company reserves 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 its sole discretion, are unacceptable, undesirable, or otherwise in violation of these Terms and Conditions and/or applicable law.

10. Service Rates

The price for the Service is available on the Company’s on-line web site and is subject to change without notice.

11a. Unlimited Dial-up Access Accounts

Unlimited access accounts are not dedicated connections. IP addresses are dynamically assigned. Static IP address services may be obtained by subscribing to our business packages. Line camping, the activity where a user stays connected to the network even though there is no actual usage occurring, is strictly forbidden and will be dealt with according to section sixteen. Unlimited access is, by our definition, use while in front of the computer and customer agrees to adhere to this definition.

The Company reserves the right to restrict any and all access during peak periods.

Unlimited access accounts will automatically time-out and disconnect after a set length of time of modem connection inactivity to ensure that the Customer’s connection is in full use. File downloading will not be affected by inactivity time-outs, as downloading software constitutes use. The Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the User is actively using it, and not to provide public information services over the connection.

There are no restrictions on the number of times the Customer may dial in each day. The Company compiles usage statistics for all users and the system may restrict connectivity to extremely heavy users during peak periods. Extremely heavy users, may be restricted by network algorithms and hereby consent to same.

Unlimited access accounts are not ISDN capable.

11b. ADSL (High Speed) Connections

All High Speed Internet Service accounts are subject to a data transfer limit which includes the total data transfered from and to your computer or network. Customers exceeding their transfer limit will be charged a fee based on gigabytes transferred. It is the customer’s responsibility to track their bandwidth usage and to take necessary steps to ensure they do not exceed the transfer limit. Be advised that activities such as file sharing, streaming audio / video, and maintaining an unsecured wireless network are the leading causes of exceeding the transfer limit. Customer is responsible for any and all additional transfer charges that are applied to the account. The Company is not responsible for tracking usage, and will not be held liable for the customers failure to control their use and / or activities, and / or for maintaining an unsecured network. As a courtesy, you will be emailed when you are reaching your transfer limit, and a staff member will attempt to contact you by phone. If you have a wireless router, please refer to your Owner’s Manual or point of sale for instructions on how to secure your wireless network. Maintaining a secure network (WPA security recommended) will reduce the likelihood of becoming a victim of âEURoewardrivingâEUR; the activity whereby a person or persons use unsecured network(s) for free internet use. It is also strongly recommended to have a current anti-virus software suite installed to prevent viruses or other malware from using your internet connection for a malicious purpose. You, as customer, are responsible for the internet connection.

Usage is tracked and totalled for all networking devices registered to your account. Customer is responsible for payment as per section 13, and in the event of disconnection due to non-payment, a $50 reconnection fee may be applied. All High Speed Internet Access Services are billed on a “Privilege of Access” basis. Customer is responsible for all charges accrued regardless whether the service is used or not. There will be no consideration if customer has loss of use due to any circumstance, forseeable or not by the Company.

12. Personal Web Page

Upon request, the Company will make available a personal web page for its Customer to create and use as his/her own 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. The Company reserves the right to revoke a personal site if it is deemed to contain commercial content.

13. Payment Terms

The Customer agrees to pay the Company for the Service provided in advance, in the amount published by the Company from time to time as its current fee charged for the Service provided. Payment shall be made by credit card (Visa or M/C), pre-authorized bank account withdrawal, cheque, cash, or online banking through participating financial institutions. Accounts are considered past due at 30 days from invoice date. A late fee calculated at 2% per month compounded monthly or 26.8% per annum will be applied to balances outstanding over 30 days. Accounts that are in arrears at 90 days will be sent to our collection agency for further processing. Should the account become past due, the Company may, at its sole discretion, disconnect the Service to the Customer as delinquent. In addition to the outstanding amount, a $20.00 bank-processing fee will be charged should a payment be rejected by the financial institution for any reason. Thereafter, should the Customer choose to resume the Service the Customer’s payment of the full amount is then due. Should the Customer choose to not reconnect, the Customer remains liable for the full amount outstanding for the term. The Customer shall pay all taxes now or after this clause is imposed, including without limitation the Goods and Services Tax (GST), excise taxes and social services taxes. The Company reserves the right to increase the fees charged for renewal terms 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.

14. Invoices by Email

The Company sends invoices and statements to the Customer by e-mail, and the Customer agrees to accept these as duly issued invoices of the Company. If the Customer requests that invoices are mailed or faxed to them, they acknowledge that they are responsible to pay a service fee of $2.00 for each invoice sent to them by either method.

15. Relationship

The relationship between the Customer and the Company constitutes that of independent contractors. The Customer does not possess, nor is able to distinguish himself/herself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in the name of the Company. The Customer shall not use in any manner or circumstance whatsoever the Company’s trademarks, trade names, logos or designs owned or licensed by the Company.

16. Customer is responsible for all actions on account

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. The Company’s Management reserves the right, at its sole discretion, to deny access at any time to users who breach the above rules or cause other abuses which Management, in its sole discretion, deems disruptive to the Company’s subscribers.

17. Limitation of Liability

Neither the Company nor any other party involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising from the use, or inability to use, the Service, even if such damages were reasonably foreseeable or notice of such damages was given.

The Service is provided on an “as is” and “as available” basis and use of the Service is at the  Customer’s own risk. The Company makes no representations or warranties of any nature whatsoever, either express or implied, with respect to the Service, including without limitation any representation or warranty with respect to the network transmission capacity of the common carriers used by the Company or the accuracy or quality of the Service, warranties of title, non-infringement or the implied warranties of merchantability or fitness for a particular purpose. None of the Company or its suppliers or affiliates warrant that the 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.

Without limiting the generality of the foregoing, the Company, its affiliates and suppliers, and their directors, officers and employees, are not responsible or liable to the Customer or third parties for any claim, loss, damages, liability or expenses the Customer or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, or any use of it or interruption in it, 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 mistakes, omissions, interruptions, deletion of files, 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, the liability of the Company to the Customer is strictly limited to one month’s user fee. Local access to the Service is available in selected areas in Canada, as determined by the Company. If the Customer chooses to dial up to the Service outside of the selected areas, he/she will be responsible for all applicable long distance charges.

THERE IS NO EXPRESS OR IMPLIED WARRANTY OR CONDITION, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WITH RESPECT TO ANY OF THE SERVICE, PRODUCT OR EQUIPMENT PROVIDED BY THE COMPANY HEREUNDER OR WITH RESPECT TO ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED ON THE INTERNET

18. Customer Indemnification of Company

The Customer shall indemnify and save the Company, its affiliates, and their officers and employees from harm and against all claims, loss damages, liability or expenses the Company, 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, software and the Service provided herein. Indemnification includes, but is not limited to, claims by third parties, the installation, maintenance, and removal of any and all equipment, the violation by the Customer of the agreement in force from time to time, and legal fees, disbursements and all other reasonable costs in connection with the enforcement of the terms of this agreement on a solicitor and own client bases.

19. Assignment

This Agreement is not assignable or transferable by the Customer. The Company reserves the right to assign this Agreement without any requirement for Customer’s permission or approval.

20. Recourse

If the Customer is dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines, or practices of the Company in operating the Service, the Customer’s sole and exclusive remedy is to terminate this agreement in accordance with the terms of this agreement and discontinue using the Service.

21. Account Cancellations

If the Customer is dissatisfied with the Company’s service, or with any terms, conditions, rules, policies, guidelines, or practices of the Company in operating the service, the Customer’s sole and exclusive remedy is to terminate his/her service agreement with the Company in accordance with the Company’s cancellation policy and discontinue using the service. The Customer must give the Company not less than two weeks notice prior to the next billing date to advise the Company of his/her decision to terminate the service agreement.

For accounts suspended for temporary periods (for vacation or under one year in length), the Customer must give the Company two weeks notice prior to next billing date. The Customer is responsible for ensuring the account is paid up to date at time of suspension. There is no reconnection fee for accounts put on temporary suspension.

22. Service Interruption

The Company may suspend Service at any time for any duration of time, without penalty or liability to itself, where necessary to prevent improper or unlawful use of its services, facilities, connections or the Company’s network. The Customer agrees that it may be necessary for the Company to temporarily suspend its services for technical reasons or to maintain its network, equipment or facilities. The Company shall not bear any liability whatsoever for any such suspensions of service, the termination of its services pursuant to these Terms and Conditions, Customer non-payment of amounts or deposits due, unlawful or improper use of facilities or services by the Customer, the Customer’s inability to access any services, or for any other reason at the Company’s sole discretion.

23. Force Majeure

The Company and its suppliers shall not be liable for any delays for failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance beyond their reasonable control. Such circumstances include but are not limited to 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 event.

24. Unenforceable Provisions

If any part of these Terms and Conditions are 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.

25. Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Province in which the Customer’s designated billing
address is situated, and the federal laws of Canada applicable in said Province. The Service originates in Canada. The Customer understands that the Customer and its authorized users may access the Internet through the Service. The Customer further understands that the Company, its affiliates and 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, and made available or accessible by third parties that are not affiliated with the Company or its affiliates.

26. General Provisions

The laws of the Province of British Columbia shall govern this agreement. Any changes to the law affecting this agreement may be modified solely by the Company and published on the Company’s web site, or sent by fax or by email 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.

27. Customer Acceptance of Terms and Conditions

The Customer automatically accepts all of the terms and conditions of this agreement as stated herein by installing the Internet access kit into his/her computer and any other computer programs and software provided by the Company or on its behalf from time to time. The Customer also accepts these terms and conditions by accessing the Internet and commencing and continuing to use the Internet through any of the Services provided The Company. The Customer further agrees to abide by all of the rules, which may be changed by the Company from time to time by notice published on the Company’s web site, sent by email or by fax to the Customer.

28. Entire Agreement

These Terms and Conditions represent the complete agreement and understanding between the Customer and the Company with respect to the Service and supersede any other written or oral agreement.