Terms & Conditions
Effective: Sep 26, 2001
Before you begin to use NISA's services, you ("you", "your", "yourself",
and/or "subscriber") must review the following terms and conditions of
NISA's Internet Access Service (the "Access Service"). These terms and
conditions explain NISA's obligations to you, and explain your obligations
to NISA when you use the Access Service and will constitute a binding
contract between you and NISA. NISA is providing you with the Access
Service in consideration of your agreement to abide by these terms and
conditions. Use of NISA's service indicates your acceptance and agreement
with these terms and conditions. Internet Access Service shall be defined
as any service provided by NISA with relation to the connection of
computers or data to the Internet or providing access to or from such data
or computers.
I. Terms of Internet Access Agreement.
1. To make your use of the Access Service as enjoyable as possible, NISA
has developed NISA's Online Policies, which appear at the end of this
Agreement and will continue to be refined and revised over time. You agree
to abide by NISA's Online Policies and agree that those policies are
incorporated into this Agreement by reference. Please take the time to
familiarize yourself with those policies.
2. Current account charges, including billing methods, rates, and
surcharges for using the Access Service, may be found in NISA's Online
Policies or may be obtained by calling NISA's Customer Service at (250)
741-8483.
3. You agree that NISA may: (a) revise the terms and conditions of this
Agreement (including NISA's Online Policies); (b) revise its billing rates
and account surcharges; and (c) modify the services provided under this
Agreement at any time. Any such revisions and modifications shall be
binding and effective immediately on posting the revised Agreement on
NISA's Members Only home page, or on notification to you by e-mail. Rate
changes shall not take effect on your account until such time that any
monies prepaid into your account prior to the rate change are exhausted.
4. You agree to review the Agreement (including NISA's Online Policies)
periodically to be aware of any such revisions. If any revision to this
Agreement is unacceptable to you, you may terminate this Agreement at any
time by providing NISA with written notice by email or fax. Notice of your
termination will be effective upon receipt by NISA and will take place at
the end of the current billing cycle.
5. You agree that, by continuing to use the Access Service following
notice of any revision to the Agreement (including NISA's Online
Policies), you accept any such revisions and agree to abide by any such
revisions.
6. NISA reserves the right to distribute informative emails to its
subscribers on an ad hoc basis that it feels is pertinent to the quality
of its service. These announcements may include information about
revisions to this Agreement (including NISA's Online Policies) and/or
modifications to the services provided under this Agreement or other
information about NISA services. The responsibility of ensuring that you
are aware of NISA's most current policies lies solely on the Customer. No
notice may be given with regards to changes to policies and any changes
shall take effect on the first day of the next calendar month.
II. Registration Information.
1. You agree to provide NISA with accurate, complete registration
information, to promptly notify NISA of any changes in such information,
and to verify such information as NISA may request. If you do not provide
NISA with accurate registration information, you are not authorized to use
the Access Service and your account may be terminated or suspended
immediately.
2. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE
AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO
THIS AGREEMENT.
III. Internet Service.
1. As a NISA subscriber, you shall pay subscription fees at the beginning
of each billing period along with any excess usage charges from the
previous period. Your initial billing period begins on the date of initial
registration with NISA. Your NISA account will be automatically renewed on
the final day of the account activation period for the plan for which you
originally register. The term of this agreement shall be monthly. If the
Customer elects to prepay for additional time, the term shall be for the
period prepaid (or until the prepaid funds are exhausted, whichever is
shorter). You shall be responsible for all usage charges on your NISA
account, and as such, you hereby agree to accept full responsibility for
the use of your Internet account by other users of your NISA account, as
well as to ensure that you are disconnected from the Service when not in
use. Invoices will be delivered to you via email to the email account
directly associated with the Internet account. It is the customer.s
completely and full responsibility to ensure that email is picked up in a
timely fashion. Invoices are payable immediately upon issuance. NISA
reserves the right to terminate access to NISA's Internet service any time
an invoice has not been paid within (14) fourteen days of the invoice
being issued.
2. The Internet is an international computer network. The Internet is not
owned, operated, or managed by, or in any way affiliated with NISA or any
of NISA's affiliates. NISA cannot and does not guarantee that the Access
Service will provide Internet access that is sufficient to meet your
needs. You agree that your use of the Access Service and the Internet is
solely at your own risk and is subject to all applicable local, state,
national and international laws and regulations.
3. You agree that NISA retains the right, but not the obligation, to
restrict or terminate your Access Service at any time, if NISA, in its
sole discretion, determines that you are in violation of this Agreement
and/or NISA's Online Policies. You agree that, if NISA determines that you
are in violation of this Agreement, any restriction or termination of your
Access Service will be effective immediately, without prior notice. You
agree that NISA will have no liability to you for any restriction or
termination of your Access Service pursuant to such violation.
4. YOU AGREE THAT IF NISA TERMINATES YOUR ACCESS ACCOUNT AS A RESULT OF
YOUR VIOLATION OF THIS AGREEMENT OR NISA's ONLINE POLICIES, YOU FORFEIT
ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE
BEING AGREED TO BY YOU AND NISA AS LIQUIDATED DAMAGES AND NOT AS A
PENALTY. You further agree that NISA is under no obligation to forward any
email for an account canceled due to a violation. NISA reserves the right
to refuse the application or reapplication of anyone whose account has
been canceled for a violation, or anyone whom NISA suspects is acting on
behalf of someone whose account has been canceled for a violation. NISA
reserves the right to cancel or suspend all other accounts belonging to
you if one of your accounts was involved in a violation.
5. NISA reserves the right to disconnect and/or temporarily suspend an
account from NISA's service without warning if in NISA's sole discretion
there is a reasonable suspicion that such disconnection or suspension
would prevent or interrupt a violation of this Agreement or NISA's Online
Policies. In the event of an account suspension, NISA shall cause all
emails to be returned to sender as undeliverable.
6. Subject to the provision of the Digital Millennium Copyright Act and
any other applicable laws and regulations, NISA reserves the right to
remove or block access to, either permanently or temporarily, any files
which NISA suspects or which a third party alleges are associated with a
violation of the law, this Agreement or NISA's Online Policies or with the
account responsible for such violation. This includes but is not limited
to blocking access to Usenet news articles.
7. NISA reserves the right to refuse "smarthosting" connectivity and other
similar services and procedures to any user who owns or operates an open
mail relay.
8. NISA reserves the right to remove, either permanently or temporarily,
any email that has been left on NISA's servers for a period of 45 days or
more or where an email box has exceeded its allowable size limit.
9. If the connection to NISA's Access Service has no activity from the
user for a period of 15 minutes, then NISA may disconnect services and end
the session.
10. You are responsible for verifying that the phone number your computer
is dialing in order to access the Internet through NISA is a local access
number. Any telephone charges associated with your access to the Internet
through NISA are solely your responsibility. NISA DOES NOT REIMBURSE OR
PAY AND SHALL NOT BE RESPONSIBLE FOR ANY OF YOUR TELEPHONE CHARGES FOR ANY
REASON.
11. You are responsible for obtaining and maintaining any communications
equipment necessary to connect to NISA, including modems, computer
hardware and software, and long distance or local telephone service. You
are responsible for ensuring that such equipment or service is compatible
with NISA's requirements. In addition, you are responsible for maintaining
the security of your account, password, files, network and user access,
and any information you disseminate through NISA services or other
Internet services, and for all use of your account with or without your
knowledge or consent, including, without limitation, any use of your
account by minors.
12. By using the Access Service you agree that neither NISA nor its
affiliates shall be held responsible or liable, directly or indirectly,
for any loss, liability or damage of any nature caused, or alleged to have
been caused, by your use of, or reliance on, any content, goods, or
services available on or through the Access Service.
13. Unlimited access does not mean a dedicated connection. NISA's
unlimited dialup connections are not intended to be full-time dedicated
connections and may be disconnected after a certain period of inactivity.
Customers using 10hrs to 12hrs on average per day should have a dedicated
connection. User agrees not to use any automatic method to avoid
disconnection, to keep the connection active only when user is actively
using it, and not to provide public information services over the
connection, including but not limited to web and FTP servers. NISA
reserves the right to impose restrictions on accounts it deems to be in
violation of this condition.
IV. Content of Communications.
1. The Access Service provides you access to information, communications,
software, photos, video, graphics, music, sounds, services and other
material located both on NISA's computer servers and on the Internet
("Content"). As a matter of policy, NISA does not pre-screen Content
placed on NISA computer servers by any of its subscribers. Moreover, NISA
does not have the practical ability to monitor, review, or restrict access
to Content on NISA servers prior to its transmission or to monitor all
communications between parties. The Internet also provides access to
individuals and organizations who are not NISA subscribers. NISA does not
have the capability to monitor, review, or restrict any Content made
available by third parties on the Internet, to edit or remove any Content
that is not on NISA's own servers, nor to monitor all communications
between parties. You agree that you shall be responsible for and bear all
risk associated with the accuracy, completeness, reliability or usefulness
of any Content available to you on or through the Access Service and for
all your communication on the Access Service.
2. You agree that notwithstanding anything herein to the contrary, NISA
has the right, but not the obligation, to remove Content from NISA
computer servers which NISA, in its sole discretion, determines to be in
violation of this Agreement or NISA's Online Policies without prior
notice.
3. You acknowledge that you may receive or be exposed to Content, goods or
services which you consider to be improper, inaccurate, misleading,
defamatory, obscene or otherwise offensive. You agree that NISA will not
be liable for any action or inaction with respect to any such Content
posted on or through the Access Service and the Internet.
V. Copyright and Other Rights.
1. The Access Service provides access to Content that is protected by
copyrights, trademarks, and other intellectual property rights ("Rights")
of various third parties.
2. You agree that your use of Content shall be governed by all applicable
laws and regulations, and by the specific restrictions placed on such
Content by the owners or licensors of the Rights in such Content.
3. You agree not to upload, download, display, perform, transmit or
otherwise distribute on or through the Access Service any material
(including, without limitation, any Content to which you have access
through the Access Service) that is subject to another party/s Rights,
without that party/s express permission or unless otherwise authorized by
law. You acknowledge and agree that any such unauthorized conduct: (a) may
result in termination of this Agreement, and; (b) may expose you to civil
or criminal liability. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU
ACKNOWLEDGE AND ACCEPT THAT NISA SHALL HAVE THE RIGHT, IN APPROPRIATE
CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR ACCESS SERVICE IF YOU
REPEATEDLY ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT OR OTHER
VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.
4. You agree that by posting or transmitting or otherwise distributing
material to any public area (such as public chat rooms, message boards,
newsgroups, webspace or software libraries), you are requesting and
authorizing NISA to make that material available to other Internet users
and that such access will result in copies of such material being
transmitted to others. To the extent that such material is subject to any
Rights of yours or a third party, you automatically (a) grant, and/or
represent that owner of any such material has expressly authorized you to
grant, NISA a royalty-free, perpetual, irrevocable, non-exclusive,
world-wide, right and license to reproduce, publish, distribute, perform
and display such material (in whole or in part), or (b) represent that the
publication, distribution, performance and display of such material (in
whole or in part) by NISA, is otherwise authorized by law.
5. With respect to any material stored on a NISA system at your direction,
you acknowledge and agree that in the event that NISA receives appropriate
notice that such material infringes the Rights of a third party, has
actual knowledge of such infringement, or is aware of facts or
circumstances from which infringement is apparent, NISA shall have the
right immediately to remove or block access to such material. Under such
circumstances, however, you shall have the right to notify NISA that such
material has been removed or access denied as a result of a mistake or
misidentification of the material. NISA's policy with respect to such
notices is explained in more detail in NISA's Online Policies. You also
acknowledge and agree that, under appropriate circumstances, NISA shall
have the right to remove or block your access to allegedly infringing
Content provided by third parties.
VI. Rights in NISA Access Service Software and Other Materials.
1. Your use of the Access Service gives you limited rights to use the
software through which you access NISA Internet Access Service and the
Internet (the "Access Service Software"). NISA grants you a non-exclusive,
non-transferable, revocable, limited license or sublicense to use the
Access Service Software solely for the purpose of connecting to the Access
Service in accordance with this Agreement. Upon the termination of this
Agreement for any reason, your license or sublicense to use such Access
Service Software shall automatically terminate.
2. You acknowledge that NISA and its licensors have Rights in the Access
Service, including, without limitation, the Access Service Software and
related documentation, certain Content provided by NISA or its licensors,
the "look and feel" of the Access Service, Access Service names,
subscriber interfaces, and other features.
3. You agree not to copy, modify, adapt, reproduce, translate, distribute,
reverse engineer, decompile, or disassemble any Content or any aspect of
the Access Service that is owned by or in which NISA or its licensors have
Rights, including, without limitation, the Access Service Software.
VII. NO WARRANTIES.
1. YOU AGREE THAT YOUR USE OF THE ACCESS SERVICE, THE ACCESS SERVICE
SOFTWARE, AND THE INTERNET IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE
ACCESS SERVICE AND THE ACCESS SERVICE SOFTWARE IS PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
2. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY
LAW, NISA DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF
OR RELATING TO YOUR USE OF THE ACCESS SERVICE, INCLUDING, BUT NOT LIMITED
TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR CORRUPTION OF
DATA; (B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE; (C) ACCESS DELAYS OR
ACCESS INTERRUPTIONS; (D) COMPUTER VIRUSES; (E) NON-DELIVERY OR
MIS-DELIVERY OF DATA; (F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF NISA OR
NISA SUBSCRIBERS; (G) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR
MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON
OR THROUGH THE ACCESS SERVICE, (8) ANY FAILURE OF ACCESS SERVICE SOFTWARE
TO BE YEAR 2000 COMPLIANT; AND; (9) LOSS OR LIABILITY RESULTING FROM ACTS
BEYOND NISA's CONTROL.
3. You agree that NISA's entire liability, and your exclusive remedy, with
respect to your use of the Access Service, your use of the Access Service
Software, and any breach of this Agreement is solely limited to the amount
you paid to use the Access Service. Because some provinces and states do
not allow the exclusion or limitation of liability for consequential or
incidental damages, in such states, NISA's liability is limited to the
extent permitted by law.
4. You may not rely on oral or written information or advice given by NISA's officers, directors, employees, agents, authorized representatives,
subcontractors or affiliates and/or their officers, directors, employees,
agents, authorized representatives, or subcontractors or affiliates to
create a warranty or increase the scope of warranty already established in
these terms and conditions. Your rights and NISA's responsibilities are
limited to the warranties that are expressed in these written terms and
conditions that have been established by NISA to govern the use of the
Access Service.
VIII. Indemnification.
1. You agree to defend, release, indemnify, and hold NISA, its affiliated
companies and licensors, and its and their respective officers, directors,
employees, agents, authorized representatives, and subcontractors harmless
from all liabilities, claims and expenses, including without limitation
reasonable attorneys fees, arising from breach of the Agreement by use of,
or in connection with the posting or transmission of any Content or other
material by or through your account on the Access Service.
2. You agree that NISA has the right, but not the obligation, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you pursuant to Paragraph 1 of
this section. In such event, you shall have no further obligations
pursuant to Paragraph 1 of this section.
IX. Termination.
1. You agree that, notwithstanding anything herein to the contrary, you or NISA may terminate this Agreement for any reason at any time.
2. You agree that your only right with respect to any dissatisfaction with
(a) any agreement term, policy, or practice of NISA in operating the
Access Service, (b) any Content available on or through the Access Service
or change therein, or (c) amount or type of fees or billing methods, or
change therein, is to terminate this Agreement as set forth in Paragraph 1
of this section.
3. You agree that NISA has the right, but not the obligation, to delete
all program, data, or other files on NISA computer servers that are
associated with your account at the time of termination.
4. Only the person whose name is on the account shall have the right to
change the user id(s) and/or password(s) for the account, and/or cancel an
existing account. Some restrictions may apply to your selection of user
id.
5. The following fees and charges are non-refundable: Web and
Publishing/Development Fees, Domain registration fees, Static IP charges,
Sub Class C charges and Class C charges, and any shipping and handling
charges.
6. The initial setup and registration fees, nor unused portions of any
term (whether monthly or longer) shall not be prorated nor refunded for
any reason. User agrees that NISA may withhold the return of any colocated
equipment until all outstanding invoices are paid and that said equipment
may be sold and payment applied to outstanding invoices after 90 days of
non-payment.
X. Miscellaneous.
1. You agree that this Agreement and NISA's Online Policies (which are
incorporated by reference) comprise the entire understanding between NISA
and you, and supersede any prior agreements or correspondence between you
and NISA and/or any postings or other notices from NISA with respect to
the subject matter of this Agreement.
2. You agree that, if any portion of this Agreement (including NISA's
Online Policies) is held invalid or unenforceable, that portion will be
construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining portions will
remain in full force and effect.
3. The Agreement will be governed by the laws of the Province of British
Columbia, excluding its conflicts of law rules. You and NISA each submit
to the exclusive subject matter jurisdiction, personal jurisdiction, and
venue of the courts of the Province of British Columbia and the federal
courts located in the Province of British Columbia.
XI. Acceptance by User.
1. I accept the terms of this Internet Access Agreement and agree to be
bound by its terms.
NISA's Online Policies
NISA's dedication to customer service means that NISA strives to maintain
an Internet Access Service ("Access Service") that provides NISA customers
with an enjoyable Internet experience, and an experience that is free from
interference by persons who use the Access Service in an improper or
unlawful manner. NISA's Online Policies address frequently asked questions
regarding proper online conduct. These policies include information on:
NISA Account Charges; the content of the material that you may find on or
through the Access Service; goods and services available online through
the Access Service; and procedures for reporting complaints regarding a
person.s online conduct.
NISA's Online Policies, including the following list of Prohibited/Abusive
Activities, are part of your subscriber agreement. Please note that if you
engage in any such activities, NISA may suspend or terminate your account.
As explained in your subscriber agreement, your use of NISA Internet
Access Service must be governed by all applicable laws and regulations,
including all applicable local, provincial, national, and international
laws and regulations. In addition to other applicable laws, this includes
all laws relating to copyright, trademark, trade secrets, obscenity,
defamation, rights of privacy and publicity, false advertising, and fraud.
In addition to such laws and regulations, when using the Access Service
you must use your best efforts to avoid interfering with any other
person.s use and enjoyment of the Access Service. You must also ensure
that your use of the Access Service is governed by generally accepted
rules of proper Internet conduct.
Please use your best judgment, be respectful of other subscribers, and
take the time to review the activities listed below. These activities are
not proper Internet conduct and are prohibited activities on the Access
Service. Following these rules will ensure that everyone has an enjoyable
Access Service experience.
1. PROHIBITED/ABUSIVE ACTIVITIES.
For purposes of the Prohibited/Abusive Activities, the term "content"
means information or material of any type capable of being posted or
transmitted on or through the Access Service, including material in print,
graphic, pictorial audio, or audio-visual form.
When using the Access Service:
(a) Defamation. You agree not to post or transmit any content in violation
of any applicable law of libel or defamation in Canada, the United States
or elsewhere.
(b) Fraud. You agree not to post or transmit any fraudulent content on or
through the Access Service. This includes any content that you know or
have reason to know is false, and that you intend for others to rely on.
(c) False Advertising. You agree not to post or transmit on or through the
Access Service any advertising or promotional materials that contain
false, deceptive, or misleading statements, claims, or representations.
(d) Unsolicited Advertising. You agree not to post or transmit any
unsolicited advertising, promotional materials, or other forms of
solicitation to other subscribers, individuals, or entities, except in
those areas (e.g., classified advertisement areas) that are designated for
such a purpose. You further agree not to involve or associate NISA in any
way with the posting or transmission of unsolicited advertising,
promotional materials, or other forms of solicitation, including but not
limited to unsolicited advertisements sent from another service provider
advertising an NISA-hosted web page, and unsolicited advertisements sent
from another service provider which request that replies be sent to an
NISA email address.
(e) Copyright Violations. You agree not to post or transmit on or through
the Access Service any content that infringes another person.s or entity.s
copyright in all or any part of the content.
(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to
post or transmit on or through the Access Service any content that
infringes, dilutes or otherwise violates another person.s rights in its
trademarks, service marks, trade dress, or other indicia of origin.
(g) Trade Secret Violations. You agree not to post or transmit on or
through the Access Service any content that reveals trade secrets or other
confidential or proprietary information belonging to another person or
other entity.
(h) Obscenity. You agree not to post or transmit any obscene or
pornographic content, including, but not limited to, child pornography, on
or through the Access Service.
(i) Harassment, Threats, and Abuse. You agree not to use the Access
Service to harass, intimidate, threaten, or abuse any person or entity, by
any means, including the use of vulgar, hateful, racially or ethnically
offensive, sexually harassing, or otherwise objectionable content.
(j) False Pretenses. You agree to not use the Access Service to
impersonate any person, including but not limited to, a NISA official or
an information provider, guide, or host, or communicate under a false name
or a name that you are not entitled or authorized to use in all forms of
online communication, including, but not limited to, screen names,
subscriber profiles, chat dialogue, and message posting.
(k) Chain Letters. You agree to not post or transmit chain letters, or
letters or messages that offer a product or service based on the structure
of a chain letter, on or through the Access Service.
(l) Inappropriate Content. You agree not to post or transmit on or through the Access Service content that is patently inappropriate material under
the circumstances -- e.g., content or topics not related to the topics
focused on by the participants in a particular news group or mailing list.
(m) Scrolling. You agree not to cause the screen to "scroll" faster than
other subscribers or users are able to type to it, or any action to a
similar disruptive effect on or through the Access Service.
(n) Disruptive Activities. You agree not to use the Access Service to
disrupt the normal flow of online dialogue, or otherwise act in a manner
that negatively affects use of the Internet by other subscribers, users,
individuals, or entities.
(o) Violations of Service Providers. Rules. You agree to not use the
Access Service to violate any operating rule, policy, or guideline of any
other online service provider or interactive service.
(p) Multiple Access. You agree that this Agreement is not transferable.
You agree not to simultaneously access the Access Service for more than
one session at any time.
(q) Abuse of NISA Procedures. You agree not to make false or unverified
complaints against any NISA subscriber, or otherwise abuse any of NISA
Complaint Response Procedures.
(r) Systems Abuse. You agree not to abuse NISA's system, or any other
system accessible through the Internet via NISA, by causing any harm to
the system so that it inhibits or negatively impacts the ability of other
users to effectively use such system. You further agree not to compromise
or attempt to violate security at NISA or elsewhere, including but not
limited to, attempted access of any data, server, or account that you are
not expressly authorized to access.
(s) SPAM. You agree not to post or cross post, regardless of content,
copies of the same message to 20 or more newsgroups or email addresses.
(t) Support Abuse. You agree not to harass, threaten or abuse authorized
representatives of NISA, including but not limited to tech support
representatives, customer relations representatives, and sales
representatives, or otherwise abuse NISA's support services.
(u) Inappropriate software, products, and services. You agree not to post,
transmit, promote, or otherwise make available any software, product or
service that is illegal, violates the rights of NISA or a third party, or
is designed to violate this Agreement. Such software, products or services
include, but are not limited to, programs designed to send unsolicited
advertisements (i.e. "spamware"), services which send unsolicited
advertisements, programs designed to initiate "denial of service" attacks,
mail bomb programs, and programs designed to gain unauthorized access to
networks on the Internet. Please see our Acceptable Use Policy for more
information regarding these policies and related penalties.
(v) Reselling. You agree not to resell NISA services or products without
an express written agreement with NISA to do so.
2. CONTENT OF ONLINE MATERIAL.
NISA Internet Access Service provides access to information,
communications, software, photos, video, graphics, music, sounds, services
and other material located both on NISA computer servers and on the
Internet ("Content"). You should be aware that the Internet contains
Content, goods and services that you may find improper, inaccurate,
misleading, defamatory, obscene or otherwise offensive. Such Content may
not be appropriate for you or for any minors who may be accessing the
Internet through your account.
As a matter of policy, NISA does not pre-screen Content placed on NISA
computer servers by any of its subscribers. Moreover, NISA does not have
the practical ability to monitor, review, or restrict access to Content on
NISA servers prior to its transmission or to monitor all communications
between parties. Thus, there may be Content on NISA servers which may
violate NISA rules, and you may receive offensive and unsolicited Content
that NISA cannot control.
NISA retains the right to remove Content from NISA servers that violates
its subscriber agreement (including these On-Line Policies). In
particular, NISA reserves the right to remove or block access to material
if it receives appropriate notice that such material infringes the
proprietary rights of a third party, has actual knowledge of such
infringement, or is aware of facts or circumstances from which
infringement is apparent. However, the Access Service provides access to
users who are not a part of NISA Access Service and NISA does not have the
capability to monitor, review, remove or restrict access to any Content
made available by third parties on the Internet.
Accordingly, NISA cannot be responsible for any conduct, Content, goods,
and services available on or through the Access Service. NISA suggests
that concerned parents consider using one of the commercially available
software programs capable of restricting access to sexually explicit
material on the Internet. However, no parental control software is
perfect. Your use of such software is solely at your own risk. NISA makes
no warranties or representations as to the accuracy, completeness, or
usefulness of any parental control software or service.
3. PRIVACY OF COMMUNICATIONS.
NISA intends to respect its subscribers. privacy and will not randomly
monitor or disclose the contents of private e-mail or private chat room
communications. However, you agree that NISA has the right, but not the
obligation, to monitor or disclose the contents of private communication,
if NISA, in its sole discretion, reasonably believes that such action is
necessary:
(a) to comply with applicable law or valid legal process; (b)
to protect NISA rights or property; or (c) in emergencies when a person.s
physical safety is at issue.
In addition, NISA reserves the right under appropriate circumstances to
disclose the identity of a subscriber to third parties in response to a
valid legal subpoena and to otherwise cooperate with legitimate police
inquiries and lawful civil proceedings.
4. ONLINE GOODS AND SERVICES.
NISA does not control or take responsibility for any Content, goods, or
services which independent third parties may available on or through the
Access Service. Subscribers may receive blind opportunity advertisements,
pyramid schemes, and other "get rich quick" schemes on or through the
Access Service. These should be avoided or approached with ample
skepticism. Please remember that NISA does not endorse, warrant, or
guarantee the accuracy, completeness, usefulness, quality, or availability
of any such Content, goods, or services, and your use thereof is solely at
your own risk.
You should use your best judgment and exercise caution when purchasing a
product or service through the Access Service. NISA will not be a party
to, or in any way be responsible for, monitoring any purchases or other
transactions between you and any other persons providing Content, goods,
or services on or through the Access Service. NISA assumes no
responsibility for any such transactions and will not mediate disputes
relating to such transactions. NISA disclaims any responsibility for any
such transactions even where the Access Service features or displays a
link with a particular World Wide Web site. NISA does not endorse,
warrant, or guarantee any of the products and services of individuals or
companies advertising on NISA's web site or any of the sites hosted on
NISA servers.
5. ACCOUNT CHARGES.
Your monthly account charges are payable at the beginning of your billing
period. However, no cancellation fees will apply if you terminate your
account. If you terminate your account, your termination will take effect
at the end of the current billing period. However, if your account is
terminated by NISA because of violations of NISA's subscriber agreement
(including these Online Policies), you will not be entitled to a prorated
refund, such forfeiture being agreed to you and NISA as liquidated damages
and not as a penalty.
You are responsible for all activities and charges associated with your
account. If any unauthorized charges are made on or through your account,
you are responsible for such charges until you notify NISA of a breach of
security by calling NISA at (250) 753-8483 and change your password.
Please be advised that the contact person or listed owner of the NISA
Internet Account is solely responsible for activities conducted through,
on or with their NISA Internet Account, including activities by other
persons (including minors) whether or not authorized by such contact
person or listed owner. If you, or someone to whom you have given access
to your account, violates the NISA Internet Access Agreement, your account
may be terminated.
If you pay by credit card, you expressly authorize NISA to charge the
credit card account number associated with your Account for any Access
Service charges, or other charges provided for in these Terms and
Conditions, that accrue from month to month. You reauthorize NISA to
charge your designated credit card account each time you use the Access
Service. This authorization will remain valid until you terminate your
authorization in writing. NISA may immediately terminate your account, in
NISA's sole discretion, for declined credit cards, returned checks, or any
other non-payment of account charges.
A billing cycle will begin on the date you purchase the Access Service and
will continue until the end of that calendar month. A new billing cycle
will begin on the first day of the next calendar month. 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 as set out in these Terms and Conditions. If the
Customer elects to prepay for additional time, the term shall be for the
period prepaid (or until the prepaid funds are exhausted, whichever is
shorter). The Customer must give written notice as set out in these Terms
and Conditions prior to the end of the term to terminate this agreement.
The initial registration fee, nor unused portions of any term (whether
monthly or longer) shall not be prorated nor refunded for any reason. If
the Company elects to terminate this agreement prior to the end of the
Customer's prepaid agreement, the Company may refund the credit to the
Customer unless otherwise provided for in these Terms and Conditions.
An invoice will be deemed as correct and become a contractual obligation
for the term billed on the invoice if not disputed or rescinded within 21
days of being issued.
If you pay other than by credit card, your account charges are due upon on
issuance of an invoice, and payment of your account charges must be
received by NISA prior to the fifteenth day of each billing cycle. Your
account will be considered to be in default if payment of your account
charges is not received within fifteen (15) days after the date of your
invoice and you may have your Access Service interrupted or terminated.
If any instrument received in payment is returned to NISA unpaid
(including but not limited to automatic credit card debits, preauthorized
account debits, cheques, etc.), your account will be considered to be in
default, and in addition to the amount due, you will be subject to an NSF
charge of $25.00. If your account is canceled or interrupted for
non-payment, you must continue to pay your monthly account charges. Only
your written request to terminate your account will relieve you of your
obligation to pay your monthly account charges.
If your account is in default, you are subject to an interest charge of 2
percent per month (26.8% APR). If you default on your account, you agree
to pay NISA its reasonable expenses, including attorneys. fees and
collection agency fees, incurred in enforcing NISA rights under NISA
Internet Access Agreement.
6. NISA's COMPLAINT RESPONSE PROCEDURES.
NISA's dedication to customer service means that NISA takes seriously and
attempts to respond to all complaints about its subscribers. use of the
Internet. This means complaints by both NISA subscribers and complaints by
other Internet users. NISA believes that its customers should be able to
enjoy full use of the Internet without interference by persons who use the
Internet in an improper or unlawful manner.
NISA will follow the Complaint Response Procedures described below to
respond to complaints from subscribers and others about NISA subscribers.
NISA will respond to any complaint that involves online activities that
are Prohibited/Abusive Activities. In particular, NISA will respond to
complaints that material stored on its system at the direction of one of
its subscribers or for system caching purposes or to which NISA provides a
link or other reference infringes another person.s copyright as provided
for in the Digital Millennium Copyright Act (a "Copyright Complaint") or
otherwise violates the criminal or civil laws of Canada or a foreign
country.
How to Submit a Complaint:
1. Form of Complaint
Complaints may be submitted by e-mail (abuse@NISA.net), fax, or mail.
2. What Information Should be Submitted
A. General Complaints
(i) The IP address used to commit the infraction.
(ii) The date on which the infraction was committed.
(iii) The time at which the infraction was committed (if applicable).
(iv) The time zone relevant to (b) and (c) above (if applicable).
(v) Some evidence of the infraction.
Email with full header information provides all of the above criteria.
Syslog files usually
provide all but (iv). Other situations will require different methods of
providing the above.
B. Copyright Complaints.
If a complaining party wishes to make a Copyright Complaint, it should
submit the following information:
(i) Identification of the copyrighted work claimed to be infringed (or if
multiple works are claimed to be infringed at a single site, a
representative list of such works).
(ii) Identification of the material that is claimed to be infringing or in
the case of a reference or link, identification of the reference or link
to the allegedly infringing material. Please provide information
sufficient to locate such material or reference or link on NISA's system
(iii) The address, telephone number, and/or email address of the
complaining party or its client.
(iv) A statement that the complaining party or its client has a good faith
belief that use of the allegedly infringing material is not authorized by
the copyright owner, the owner.s agent or the law.
(v) A statement that the information being given is accurate.
(vi) If the complaining party is not the copyright owner, a statement,
under penalty of perjury, that the complaining party is authorized to act
on behalf of the copyright owner.
(vii) A physical or electronic signature of a person authorized to act on
behalf of the owner of an allegedly infringed exclusive right.
(viii) If the material is stored on NISA's system for caching purposes, a
statement confirming that the material has been removed or access-disabled
from the originating site or that a court has ordered such removal or
disabling.
If NISA receives a Copyright Complaint containing the information
specified above, it shall promptly remove or block access to such
materials.
C. Subscriber Counter Notice
However, if the complaint arises out of a claim that the infringing
material was stored on NISA's system at the direction of one of its
subscribers, NISA shall attempt to notify the relevant NISA subscriber of
the action taken. If the subscriber believes in good faith that the
material was removed or access blocked as a result of a mistake or
misidentification, that subscriber may send a counter notice to NISA. Such
counter notice should include the following:
(i) Identification of the material that has been removed or to which
access has been blocked and the location on the NISA system where the
material appeared.
(ii) A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification.
(iii) The subscriber.s name, address and telephone number
(iv) A statement that the subscriber consent to the jurisdiction of the
relevant court in which the subscriber resides and that the subscriber
will accept service of process from the complaining party or its agent.
(v) The subscriber.s physical or electronic signature.
Upon receipt of such an appropriate counter notice, NISA shall promptly
replace the removed material and/or cease disabling access to it unless
NISA first receives appropriate notice from the complaining party that it
has filed a law suit seeking a court order to restrain the subscriber from
engaging in the allegedly infringing activity.
Liability for Misrepresentations.
Please note that any person who knowingly misrepresents to NISA that
material is infringing shall be liable to NISA and/or the alleged
infringer for any damages (including costs and attorneys. fees) suffered
or incurred by NISA and/or the alleged infringer as a result of NISA's
relying on such misrepresentation and removing or disabling access to such
material.
Similarly, any person who knowingly misrepresents to NISA that the
material was removed or access blocked by mistake or misidentification
shall be liable to NISA and/or the copyright owner or its authorized
licensee for any damages (including costs and attorneys. fees) suffered or
incurred by NISA and/or the copyright owner or its authorized licensee as
a result of NISA's relying on such misrepresentation and replacing such
removed or blocked material.
