(a division of lakesidedigital.com)
TERMS OF SERVICE
THE FOLLOWING IS THE MASTER SERVICES AGREEMENT
FOR LAKENET.CAíS INTERNET SERVICES.
- TERMS. These Terms and Conditions will apply to you on the date you sign the agreement. The services shall be provided for the term specified above. The specified services shall continue past the specified date unless you request the services be canceled. Phone requests may be accepted but will be verified via email or "snail" mail.
- FEES, PAYMENT AND DISPUTES. You agree to pay the charges specified by LAKENET.CA, together with all applicable taxes. You agree to give sufficient notice to LAKENET.CA of any change in your billing information. Invoices will be issued monthly via email and are payable in accordance with the invoice terms stated on each invoice. The Customer must give notice of invoice inquiries and disputes within 45 days of the invoice date, and, with such notice, provide any supporting documentation. After that time, the Customer will be deemed to have agreed upon the contents of the invoice and will forfeit all right to challenge any element of the invoice. In the event of a dispute, the dispute shall be submitted to arbitration. The arbitration shall be held in Winnipeg, Manitoba, and shall be conducted in accordance with the Arbitration Act (Manitoba), by a single arbitrator appointed by a Justice of the Manitoba Court of Queen's Bench. The decision of the arbitrator shall be final and binding upon the parties and the expense of the arbitration shall be paid as the arbitrator determines.
- SERVICES. LAKENET.CA has agreed to provide certain Internet services in keeping with the Internet plan specified above. Connection speed represents the speed of a connection and does not represent a guarantee of available end-to-end bandwidth. The condition of the services to you is subject to the Terms and Conditions. LAKENET.CA does not warrant that the operation of the equipment will be uninterrupted or error-free. LAKENET.CA will maintain the equipment in good repair throughout the Term of this Agreement during regular business hours and will respond on a best efforts basis to your request for repair. Please note that LAKENET.CA does observe recognized holidays. You understand that LAKENET.CA does not operate, control or endorse any information, product or service on the Internet in any way. The privacy of any information on or passing through LAKENET.CA's network is not guaranteed in any way.
- EQUIPMENT. Any equipment provided or rented to you by LAKENET.CA in connection with the services shall remain the property of LAKENET.CA at all times, and you shall have no right of property. You shall not remove, deface or obscure any labels on the equipment. You shall return the equipment in good working condition to LAKENET.CA upon termination of the services. No equipment will be attached to or used with LAKENET.CAíS equipment except as permitted by LAKENET.CA. In the case of damage to, loss, or theft of the equipment, LAKENET.CA shall have the right to require you to pay the cost of restoring the equipment to its original condition or of replacing it.
- SERVICE LOCATION. Services will be provided at the address specified above. All equipment or facilities required in connection with the services must meet the requirements set by LAKENET.CA, and must be arranged or provided by you at your own expense. You may not allow any other company or person to tamper with the equipment provided to you by LAKENET.CA. The equipment may not be relocated from the service address without LAKENET.CA's permission. You may request LAKENET.CA to relocate the services to a new address within LAKENET.CAís service area. You agree to provide access to the premises immediately upon LAKENET.CAíS reasonable request at no charge to LAKENET.CA when such access is required to restore any services.
- CUSTOMER RESPONSIBILITIES.
(a) You indicate and guarantee to LAKENET.CA that you will not:
(i) resell for profit or non-profit any services.
(ii) use the services to interfere with anything maintained by LAKENET.CA, belonging to another Internet user, or available on the network.
(iii) use the services to;
(1) upload, download, or otherwise distribute anything illegal or anything that may expose LAKENET.CA to civil liability as determined by LAKENET.CA in its sole and absolute discretion including but not limited to anything that contains profane language or is pornographic, threatening, abusive, obscene, vulgar, offensive;
(2) anything that contains a virus or other harmful element;
(3) anything that infringes any other party's intellectual property or privacy rights;
(iv) use the services for any purpose contrary to the laws of any government having jurisdiction over you or LAKENET.CA including, without limitation, those regarding export control;
(v) violate the rules of "netiquette". "netiquette" is defined as appropriate etiquette expected while using the Internet including but not limited to; spamming, hacking or phishing etc.
(b) You are responsible to ensure that your computer equipment and programs meet the current minimum requirements of LAKENET.CA necessary to use the services. If your equipment does not meet the current standards the remedy shall be to either upgrade your computer equipment and/or programs used to access the service or terminate the service.
(c) You agree that you are solely responsible and liable for any and all breaches of these Terms and Conditions, where such breach is the result of use of the Services by you or by any other user of your connection or computer equipment, and you shall indemnify LAKENET.CA against, any claims, actions or losses that arise, directly or indirectly, from such use.
(d) You shall comply with all current and future policies of LAKENET.CA related to the services. LAKENET.CA may post notice of such policies at http://www.lakesidedigital.com, or we may send you notice of such policies via email or "snail" mail.
- TERMINATION OF SERVICES.(a) LAKENET.CA may suspend your access to some or all of the services or terminate some or all of the services without notice and without incurring any liability if you fail to carry out or perform any obligations imposed on you by these Terms and Conditions, as determined by LAKENET.CA at itís discretion.(b) You may terminate all or any part of the Services upon providing thirty (30) days prior notice to LAKENET.CA except during term of initial contract. LAKENET.CA may accept verbal notice of termination, but reserves the right to require that written notice of termination be given. Termination of the services shall not relieve you from any liability, including amounts owing to LAKENET.CA, accrued prior to, or at the time that such termination becomes effective. Failure to return Equipment within 1 week of the termination date shall result in your being charged the full retail price of such Equipment.
- Limitation of liability. Except for physical injuries, death, or damage to tangible property directly caused by the negligence of LAKENET.CA, you agree that lakenet.ca and its employees will not be held responsible to you or to any person claiming through you for any losses, demands, claims or damages whatsoever, no matter wheresoever or however caused; nor for any damages of any kind (including, but not limited to: loss of data or programs, business interruption, loss of income, loss of profit, or failure to realize expected savings or any other commercial or economic loss); arising directly or indirectly from the services, the equipment, the use of the services or equipment, or these terms and conditions.
- Indemnity. The customer shall indemnify and save LAKENET.CA, its successors and assigns, and their directors, officers, employees and agents harmless from and against all loss, liability or damages of any type and expense, including reasonable legal fees and disbursements, arising from any and all claims by any third party, including end users and distributors (collectively, the "third party"), in connection with the use of the services (and related equipment) by the customer or any third party or in connection with the customer's failure to comply with its obligations under this agreement, whether the failure is attributable to the customer or to some other person using the customer's account with or without permission of the customer. The customer shall indemnify and save LAKENET.CA against any claim by a third party for alleged infringement of any copyright, trademark or any other intellectual property rights which arises as a result of the storage or processing of any of the customer's programs or data on or through the services or the internet the indemnities contained within this agreement shall survive termination of this agreement for the maximum amount of time permitted by law.
- GENERAL PROVISIONS. These Terms and Conditions will be governed by, and interpreted according to the laws of Manitoba and the laws of Canada where applicable.