DIAL-UP TERMS AND CONDITIONS
1.1 - Net Rover will provide services or assistance for Internet access on its computing and network systems to individual account holders in exchange for payment of fees, and in compliance with the terms and conditions of this Agreement.
1.2 - Other than NetRover's Internet Kit, NetRover is not required to support and does not guarantee any third party software that the account holder has purchased or downloaded for use with Internet connection and/or usage.
1.3 The account holder agrees that NetRover will not be held responsible for charges, long distance or otherwise, incurred as a result of the wrong modem number being dialed by the customer or other user of customer's computer.
2.0 USE OF SERVICES
2.1 - A NetRover account is for individual personal use only, and the account holder therefore agrees to maintain a secure password for the account, and not to share this password with anyone else.
2.2 - The account holder further agrees not to use the NetRover account for unattended automated operations, or for multi-user applications, or server connectivity applications.
2.3 - The account holder agrees to use the services as permitted by local, provincial and federal law. The account holder shall not use the services or carry out any business activity or solicit performance of any activity that is prohibited by law.
2.4 - The account holder agrees not to use the NetRover site to obtain, reproduce or distribute in any way, information, software or other material which is protected by copyright, without obtaining written permission of the copyright owner.
2.5 - NetRover reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions if required. The account holder agrees not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
2.6 - The account holder agrees not to store more than the limit of 5 MB of data on his home directory. NetRover will not permit users to exceed this storage limit on its servers. The account holder further agrees to backup all his pages and files that may be stored into his home directory and that NetRover will not be held responsible for any type of data that may be lost or damaged.
2.7 - NetRover reserves the right to prioritize access connectivity if required in periods of peak network demand. The heaviest usage customers may find their access temporarily restricted during periods of peak network demand (generally evening hours).
2.8 - NetRover enforces a policy of "NO TOLERANCE" with respect to SPAM and abusive unsolicited email. If you use your NetRover access to compromise any Network services, your access and hosting via NetRover may be discontinued.
2.9 - NetRover will not tolerate nor host on its servers any home pages containing pornographic or obscene material.
2.10 - The account holder acknowledges that NetRover will terminate the account without notice, if he does not comply with these terms.
4. TRANSACTIONS ON THE INTERNET
Any purchase or transaction through the NetRover site or the Internet will require the account holder to divulge some personal information, credit card number or other details of payment. The account holder agrees that any information provided to a merchant or other provider through the NetRover site will be accurate. The account holder agrees to pay all charges incurred by him or other users of his account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. The account holder will also be responsible for paying all applicable taxes, if any, relating to purchases on the NetRover site.
5. CONFIDENTIAL INFORMATION
The account holder authorizes NetRover to collect and retain, from any party, information relating to his utilization of the NetRover system or site, and hereby authorizes any party to provide us with such information. A file for each account holder will be kept at NetRover's Chatham Administration office which the account holder may access during normal business hours.
The account holder agrees to defend, indemnify and hold NetRover harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, resulting from any utilization by the account holder of NetRover services which cause direct or indirect damage to another party.
NetRover Inc. logos and icons identifying NetRover's services referenced herein are trademarks or registered trademarks of NetRover and can not be used without Netrover's permission.
NetRover internet services are offered across Canada.
9.0 PAYMENT OF FEES
9.1 - The account holder will pay NetRover a usage fee, as set out in the NetRover Products and Services Pricing Schedule.
9.2 - All payments for services will be submitted in advance of receiving services.
9.3 - All usage and other fees are non-refundable.
9.4 - The subscriber understands that NetRover Inc.'s terms require prepayment on the first day of each term and that the subscriber's account may be subject to a finance charge on past-due balances of 1.5% per month (18% annually). Furthermore, the subscriber understands that the service will not be operational if the subscriber's account is past due, and that collection fees (including legal fees) and related costs are the responsibility of the subscriber in the event of the subscribers non-payment. Also, the subscriber understands that a service charge of $15.00 will be applied to the subscriber's account in the event of a returned payment of any kind. It is the responsibility of the account holder to inform NetRover of lost, stolen or expired credit card information, changes in bank account information, or other information pertinent to the billing for Internet usage.
9.5 - A NetRover account permits single dial-up and/or log in sessions only with no simultaneous dial-up and/or log in sessions permitted. Any simultaneous dial-up and/or log in activity recorded will incur a $30.00 fee per occurrence, charged to the account holder without notice. It is the responsibility of the account holder to monitor dial-up and/or log in activity.
10.0 ACCOUNT RENEWAL AND TERMINATION
10.1 - Accounts shall be automatically renewed for successive terms on the expiry of the initial and each successive term unless the account holder or NetRover gives the other party notice in writing of the termination as hereinafter provided.
(a) if the account holder fails to pay for the use of the NetRover services or fails to pay any other amount owed to NetRover in accordance with its invoice terms, NetRover may terminate its services without notice to the account holder;
(b) the NetRover service may be terminated by either party upon 20 days written notice in the absence of any breach of contract. In the case of the account holder, notice shall be directed to the address provided on the account holder file.
11.0 LIMITATION OF LIABILITY
11.1 - NetRover has the right, but not the obligation, to monitor any activity and content associated with its sites and services. NetRover may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
11.2 - NetRover also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect NetRover's systems and customers, or to ensure the integrity and operation of NetRover's business and systems, NetRover may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content.
11.3 - NETROVER PROVIDES ITS WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NETROVER FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. NETROVER FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
11.4 - IN NO EVENT SHALL NETROVER OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF NETROVER'S SITE OR SERVICES.
12.1 - This agreement shall be governed by and construed in accordance with the laws of the Province Ontario, and any legal action regarding the Agreement shall be brought in the Courts of the Province of Ontario and the parties hereto hereby agree to that jurisdiction.
12.2 - Furthermore, upon notice published on line by NetRover services, the above terms and conditions may be modified, prices for services may be changed, as well as services may be discontinued or changed.
12.3 - If the account holder is not satisfied with the NetRover site operations, or with these terms and conditions, policies and practices, his sole and exclusive remedy is to discontinue using the NetRover site. The account holder will please notify our Accounting department at 1-800-605-4445 to initiate a closure of his account.
12.4 - While NetRover provides a significant virus filter for email, you acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment you attach directly or indirectly to the internet may become the target of computer hackers and is susceptible to attacks from viruses or the like. You are solely responsible for keeping your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of NetRover's sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing your computers and other systems from any infection by malicious code or unauthorized use.