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Terms
of Service
(1)
This is a contract between you and Salt Spring Internet. It spells
out the terms and conditions which apply to your use of the Internet
access services provided by Salt Spring Internet for the service
plan that you have selected.
(2)
In addition, please note that your access to, use of or acceptance
of a product, service or benefit through web sites, web pages
and web services operated by Salt Spring Internet, its affiliates
or partners may be subject to additional terms, policies and rules
contained within those sites or otherwise made available to you.
(3)
By opening a Salt Spring Internet Services account under your
name or by using Salt Spring Internet Services you are agreeing
to be legally bound by and abide by the terms of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT
SUBSCRIBE FOR, ACCESS OR USE SALT SPRING INTERNET SERVICES AND
YOU MUST IMMEDIATELY TERMINATE YOUR SALT SPRING INTERNET SERVICES
ACCOUNT, IF YOU HAVE ONE (see Section 57).
Amendments
to this Agreement
(4)
Salt Spring Internet reserves the right to amend this Agreement
at any time. However, Salt Spring Internet will use reasonable
efforts to publish any amendments on its Web Site at http://www.saltspringinternet.com,
as may be updated from time to time, before such amendments become
effective. You are responsible for regularly reviewing the Salt
Spring Internet Web Site to obtain timely notice of such amendments.
If any amendment is unacceptable, you may terminate your Salt
Spring Internet Services account (see Section 57). If you do not
terminate your account before the effective date of the amendment,
you will be conclusively deemed to have accepted the amendment.
Your
Account
(5)
You represent and warrant that you have reached the age of majority
(at least 18 or 19 years of age) in the province or territory
in which you reside and that you possess the legal right and ability
to enter into this Agreement and use the Salt Spring Internet
Services in accordance with this Agreement.
(6) As the Salt Spring Internet Services account holder, you are
responsible for your account and the maintenance of all passwords
related to your account. You are solely responsible and liable
for any and all activities that occur under your account, including
without limitation all activities of any sub-account holders.
You are also responsible for maintaining the confidentiality of
your account and all passwords related to your account. You agree
to immediately notify Salt Spring Internet of any unauthorized
use of your account or any passwords related to your account or
of any other breach of security and to provide assistance to Salt
Spring Internet, as requested, to stop and/or remedy any breach
of security.
Customer
Information
(7)
You acknowledge that you have read the Salt Spring Internet Privacy
Commitment at http://www.saltspringinternet.com/privacy.htm (as
it may be updated from time to time) (the "Salt Spring Internet
Privacy Commitment") and hereby consent to the collection,
use and disclosure by Salt Spring Internet and its agents of your
personal information (whether previously collected or to be collected)
for the purposes identified in the Salt Spring Internet Privacy
Commitment. Salt Spring Internet's use of customer information
is also subject to applicable terms and conditions contained in
Salt Spring Internet's General Terms of Service (as amended from
time to time), copies of which are available from Salt Spring
Internet.
(8)
You agree to provide true, current, accurate and complete customer
information as prompted by Salt Spring Internet's registration
process or as otherwise requested by Salt Spring Internet its
agents and you agree to promptly notify Salt Spring Internet of
any changes to this information as required to keep it current,
complete and accurate.
Billing
and Payment
(9)
You agree to pay all fees and charges (and applicable taxes) incurred
which relate to the provision and/or use of theSalt Spring Internet
Services through your account, in accordance with the rates, terms
and conditions established from time to time by Salt Spring Internet
that are applicable to the service plan which you have selected.
Such rates, terms and conditions will be posted on the Salt Spring
Internet Web Site or otherwise made available to you by Salt Spring
Internet. Salt Spring Internet shall begin charging you on the
date that you subscribe for the Salt Spring Internet Services,
unless otherwise specified by Salt Spring Internet.
Disclaimers
YOU ACKNOWLEDGE
AND AGREE THAT:
ALL USE OF THE Salt Spring Internet INTERNET SERVICES IS AT YOUR
OWN RISK;
THE Salt Spring Internet INTERNET SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS;
Salt Spring Internet DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED
OPERATION OF THE Salt Spring Internet INTERNET SERVICES;
NEITHER Salt Spring Internet NOR ITS SUPPLIERS ARE RESPONSIBLE
OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS
OR DATA, INCLUDING WITHOUT LIMITATION ANY E-MAIL MESSAGES, FOR
ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
OR FOR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING THE Salt
Spring Internet INTERNET SERVICES, INCLUDING WITHOUT LIMITATION
DOMAIN NAME REGISTRATIONS, RENEWALS AND TRANSFERS;
Salt Spring Internet IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT
OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT
OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING WITHOUT LIMITATION
INTELLECTUAL PROPERTY RIGHTS;
NEITHER Salt Spring Internet NOR ITS SUPPLIERS ARE RESPONSIBLE
FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF Salt
Spring Internet OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED
USING THE Salt Spring Internet INTERNET SERVICES, BY YOU OR ANY
THIRD PARTY; AND
Salt Spring Internet IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR
DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR
INDIRECTLY OUT OF INSTALLATION OR MAINTENANCE OF THE Salt Spring
Internet INTERNET SERVICES.
Salt Spring Internet MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY,
CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF
THE Salt Spring Internet INTERNET SERVICES, ANY OTHER PRODUCTS
OR SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD
PARTIES. Salt Spring Internet EXPRESSLY DISCLAIMS ALL CONDITIONS,
WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY,
TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE,
COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
THE Salt Spring Internet WEB SITE(S) WHICH YOU MAY VISIT WHILE
USING THE Salt Spring Internet INTERNET SERVICES MAY CONTAIN LINKS
TO OTHER WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE
TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT,
INVESTIGATION OR VERIFICATION BY Salt Spring Internet OF SUCH
WEB SITES OR THE INFORMATION CONTAINED THEREIN. Salt Spring Internet
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND
MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY
OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU
DO SO AT YOUR OWN RISK.
Limitation
of Liability
NOTWITHSTANDING
ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Salt
Spring Internet, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS,
RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "Salt Spring
Internet ENTITIES" AND EACH, A "Salt Spring Internet
ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY
OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE Salt Spring
Internet INTERNET SERVICES, REGARDLESS OF THE CAUSE OF ACTION
AND EVEN IF ONE OR MORE OF THE Salt Spring Internet ENTITIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING
BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY
RELATED TO THE FOLLOWING:
THE PERFORMANCE OF THE INTERNET
THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING
WITHOUT LIMITATION ANY SOFTWARE) VIEWED, DOWNLOADED, ACCESSED
OR TRANSMITTED OVER OR THROUGH THE INTERNET OR THE Salt Spring
Internet INTERNET SERVICES, INCLUDING WITHOUT LIMITATION MATERIAL
WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS
OR REGULATIONS;
THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING
OR BY ANY OTHER MEANS ACQUIRING ANY INFORMATION, MATERIAL, PRODUCT
OR SERVICE ACCESSIBLE THROUGH THE INTERNET OR THE Salt Spring
Internet INTERNET SERVICES;
DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY,
INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF
ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH Salt Spring
Internet's SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD
PARTIES; AND
INSTALLATION OR MAINTENANCE OF THE Salt Spring Internet INTERNET
SERVICES, BY YOU, Salt Spring Internet OR THIRD PARTIES.
CIRCUMSTANCES MAY ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED
TO RECOVER DAMAGES FROM ONE OR MORE OF THE Salt Spring Internet
ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE Salt
Spring Internet ENTITIES FOR DAMAGES IS LIMITED TO $100.00
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES
OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY
SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT MAY
NOT APPLY TO YOU.
Indemnity
You agree
to indemnify and hold harmless each of the Salt Spring Internet Entities from
all demands, claims, awards, actions, proceedings, damages, losses,
costs, charges and expenses, including legal fees, incurred by
or made against the applicable Salt Spring Internet Entity, which result from
or relate to:
access to or use, by you or any third party, of your Salt Spring Internet
Internet Services account; or
any of your acts or omissions, including without limitation breach
or non-performance of this Agreement and any violation of third
party rights.
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