POWER DSL TERMS AND CONDITIONS
1.1 - Net Rover will provide services or for Internet access on its network systems to individual DSL account holders (“account holder”) in exchange for payment of fees, and in compliance with these terms and conditions which constitute a binding legal agreement between NetRover and account holder.
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 his Internet connection and/or usage will function properly.
1.3 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 account holder or other users of account holder’s equipment or account.
2. USE OF SERVICES
2.1 - A NetRover account is for individual personal use only, and the account holder agrees to maintain a secure password for the account.
2.2 - The account holder 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 NetRover’s services in accordance with local, provincial and federal law. The account holder shall not use the services for 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 - 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 agrees to backup all pages and files that may be stored into his home directory and agrees that NetRover will not be held responsible for any data that may be lost or damaged.
2.6 - NetRover enforces a policy of "NO TOLERANCE" with respect to SPAM and abusive unsolicited email. Your service will be suspended at the first sign of sending mass commercial email (SPAM). If you use your NetRover access to compromise any network services, your access and hosting via NetRover may be discontinued.
2.7 - Account holder agrees to abide by the terms of NetRover’s Acceptable Use Policy at www.home.netrover.com/index.htm.
2.8 - You agree not to use any software or hardware, or modify any software or hardware you are provided by NetRover or its third party DSL provider to enable your system to transmit or receive data at rates higher than those you have contracted with NetRover to provide (“uncapping”).
2.9 - Account holder agrees not to connect any unauthorized device to your DSL connection.
2.10 - Account holder acknowledges that NetRover may terminate his service without notice if he does not comply with these terms.
4. TRANSACTIONS ON THE INTERNET
Purchases or transactions through the NetRover site or the Internet may require the account holder to divulge personal information, including credit card numbers. 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.
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, ON administration office which the account holder may review 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, including all fines and costs assessed against NetRover by any of its backbone service providers for transmission of bulk commercial email by account holder or other user of his account.
NetRover logos and icons identifying NetRover's services referenced herein are trademarks or registered trademarks of NetRover and can not be used without Netrover's written permission.
PowerDSL Internet services are offered to customers in Ontario and Quebec.
9. PAYMENT OF FEES
9.1 - Account holder agrees to pay NetRover a usage fee for Internet access, as set out in the NetRover Products and Services Pricing Schedule.
9.2 - All payments for services must be paid in advance of receiving services and are non-refundable. Payment is due on the first day of each term and NetRover may impose a finance charge of 1.5% per month (18% annually) on past-due balances. Account holder’s service may not be operational if his account is past due, and collection fees (including legal fees) and related costs are the responsibility of the account holder in the event of non-payment.
9.3 - A service charge of $15 will be applied to the account holder'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.
10. 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.
10.2 - 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.
10.3 - NetRover service may be terminated by either party upon 30 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 last provided by the account holder.
11. 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 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, 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 of Ontario, and any legal action regarding the Agreement shall be brought in the Courts of the Province of Ontario, and account holder consents to that jurisdiction.
12.2 - You agree that 30 days after revised terms and conditions are published on its websites by NetRover, the above terms and conditions may be modified, prices for services may be changed, and/or services may be discontinued or changed.
12.3 - If the account holder is not satisfied with the NetRover services, or with these terms and conditions, policies and practices, his sole and exclusive remedy is to discontinue using the NetRover site or services. The account holder must notify NetRover’s 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
12.5 - NetRover’s PowerDSL service is exclusive of all other telecommunications services (the “Telco”) which may be required to establish connection for account holder to NetRover, and all such costs and the associated terms and conditions required by the Telco to perform such services shall be directly between account holder and Telco provider. Account holder is responsible to have its site ready for installation of any Telco line needed including, if necessary, providing access to the designated building's phone closet on the date agreed to by NetRover to perform the service connection. Failure to provide access shall not suspend the service start date.