This Agreement outlines the duties and responsibilities of Club Plus Internet in providing you with internet access (the "Service"). In the event that you do not wish to be bound by these terms and conditions you hereby expressly agree and acknowledge that you shall be prohibited from accessing or using the service. Moreover, by accessing the service you formally agree to all of terms and conditions stipulated below. Once you have started "surfing" you are liable for payment of the full term you chose.
1. Dial-up Account Terms and Conditions.
a.This Agreement establishes the Terms and Conditions of dial -up, dedicated or corporate Internet access services (hereafter referred to as "Service") provided to Subscriber (hereafter referred to as "Subscriber") by CLUB PLUS INTERNET. (hereafter referred to as "Provider"). Registration with and use of Services constitutes acceptance of this Agreement. The Terms and Conditions may be changed at any time by the Provider with proper notice provided to the Subscriber either online or otherwise.
2. Usage Restrictions
a.) Services of Club Plus may only be used for lawful purposes. Transmission of any material in violation of any Canadian or Quebec or International regulation is prohibited, including, but not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by secrecy laws or all forms of abusive electronic communications. Posting such materials, whether written, graphic, or in any other form, to any site without permission is illegal and prohibited, and may be subject to prosecution. In particular the exchange on distribution of pireted software will result in the revocation of the service and criminal charges may be laid if appropriate. Should such a situation present itself, the provider will fully comply with the proper authorities to provide any information necessary for the litigation process. The Internet is a largely unregulated medium, therefore,some content,products or services offered on the Internet or through the service (collectively referred to as "content") may be offensive to you or may not comply with applicable laws.You agree to be solely responsible for access to or use of all content and the Internet.
b.) Subscriber may upload public domain programs to the Service for their own use or non-commercially redistribute public domain programs. Subscriber assumes all liability concerning the determination of whether a program is in the public domain. Subscriber will not post advertisements to USENET newsgroups unless the newsgroup specifically states in its FAQ that advertisements are acceptable.
c.) Subscribers are not permitted to share or otherwise let others use their accounts in any way. Subscriber may only call in on one modem at a time. You hereby accept that Club Plus Internet will charge you twenty-five dollars ($25.00) for every attempt at double connections. An abuse or non-payment of charges could result in dis-connection without further notice.
Unless subscribed to our dedicated service, this Service is not a dedicated service and may not be treated as such. It is for intermittent use, and Subscriber must allow other Subscribers equal availability by disconnecting when not using system actively (defined as being at the computer). Connections shall be automatically terminated if no data transfer takes place for 15 minutes ("inactivity timeout"). Use of automated programs to override inactivity timeout, resale of service, and use of dial-up accounts for commercial purposes are strictly prohibited and such uses shall result in immediate termination without notice. Unreasonably excessive use of time or resources of Service is prohibited. Abuse may result in cancellation without prior notice, a compensating fee could be charge.
d.) Subscriber has the right to utilize electronic mail ("Email" ) in the conduct of regular business or personal use. However, unsolicited Email shall not be sent by subscriber. Unsolicited Email is Email sent to an individual or group whose recipient or recipients have not specifically requested information or a response. Email includes information of any kind, advertisements, literary works, graphics, voice and video files, and any other material that can be contained in current or future implementations of Email.
e.) Subscriber will not use the Service to harass, abuse, or mass Email other members of the Internet community, including any other members of the services of Provider, or will be subject to prosecution.
f.) Subscriber agrees to hold Provider harmless from any claims, liabilities and expenses caused by Subscriber's use or abuse of the Service, including any content placed or published by Subscriber on the Internet. Subscriber waives all liability regarding damages resulting from shutdowns or faulty service of any kind. Subscribers are urged to regularly backup important information.
g.) In the event of account termination for any reason, Subscriber may not hold Provider liable for any damage or inconvenience.
h.) Any attempt to breach system security,be it the providers or any other system security is forbidden.The willful introduction of computer virues or other disrutive programs into the providers network or into any external networks is prohibited and may result in criminal charges being laid. Using Club Plus Internet in an abusive or fraudelent manner or not respecting this agreement willnot be tolerated. All of the above offenses will result in immediate revocation of service without notice.
3. Account Activation.
a.) The Service starting Date is the day on which Provider activates the Subscriber's account. Subscriber understands that the service period extends for a minimum of one month ,quarterly, semi-annual or annual billing is automatically renewed for an equivalent time unless terminated by the Subscriber or by the Provider. The Provider reserves the right to change its fees at any time. Fee changes take effect at the time of renewal.
b.) Provider reserves the right to terminate services to any Subscriber not respecting this agreement without prior notice, and to retain or reimburse any payment balances at Provider's discretion.
c.) Use of this service and any information obtained using this service is at the Subscriber's risk. Provider does not accept any responsibility of the accuracy of, quality of, or actions taken in response to the information obtained through its services.
4. Payment Terms
a.) Subscriber agrees to prepay Services charges according to the payment method selected on the Account Registration including all applicable taxes. Any credit card or preauthorised payment which is refused becomes immediately due and payable.All invoices will be sent to you via e-mail address. Failure to promptly re-imburse this amount as well as any bank charges incurred by Provider may result in service cancellation and additional charges, at the discretion of Club Plus.
b.) Accounts will be immediately suspended in the event of non-payment within 10 days following payment due date. Subscriber shall remain responsible for unpaid balances until expiration of account term, plus interest at the rate of 15% per annum.
c.) Subscriber further undertakes and agrees to promptly provide Club Plus with any modification to the credit card or banking information supplied with your Club Plus account (i.e. changes to your credit card expiration date or other similar bank or credit card information).You are hereby acknowledge and agree that Club Plus Internet shall charge you any bank charges incurred by Provider for any cheque that is refused and returned by your financial institution due to insufficient funds or any other reason, and any bank charges incurred by Provider for any pre-authorized payment that is refusedby your financial institution due to insufficient funds or any other reason.
d.) You may request plan change by submitting a request via-e-mail or by writing Club Plus. The plan change will take effect only in respect of the next following billing period.
The parties accept that this agreement be in the English language, in accordance with and governed by the laws of the Province of Quebec. Less parties conviennent que cette entente soit redigé dans la langue anglaise.
6.Software and Documentation.
In cases where Club Plus will be supplying you with diskettes or other machine readable medium containing Internet access or other software (collectively,the "software"), You hereby acknowledge that: the software has not been developed by Club plus; the software will not be installed,maintained,supported or guaranteed by Club Plus. You shall comply with,and your use of the software shall be subject to, such terms and conditions as are set out in the license agreement which may be included with the software or as defined by the various publishers thereof; if the software or the diskettes or other machine readable medium proves to be defective,Club Plus' responsibility shall be strictly limited to the re placement of the relevant diskette or other machine readable medium;you shall take all appropriate measure to protect the software,including the relevant diskettes or other machine readable medium,from loss or damage; Some sotfware may not be fully-supported commercial versions;in which case it is possible that no support shall be provided by the manufacturer thereof.
Occasionally, the computer equipment required to access and use the service may change.You understand and acknowledge that it is your own responsibility to ensure that your computer system meets the current minimum requierments stated by Club Plus as being necessary to use the Service.Accordingly,should your computer equipment no longer be adequate to access the service,you have to and/or upgrade your equipment at your own cost and expense.you expressly agree and acknowledge that in the eventuality that you decide not to upgrade and/or improve your computer equipment.Your sole recourse will be the cancellation of this agreement as and from the date of your notice as herein provided in section 9 below.
You expressly agree and acknowledge that the use of the service and the software is at your risk,and in particular but without limiting the generality of the foregoing, neither Club Plus nor any of it's information providers,licensers,employees,or agents warrant that the service will be uninterrupted or error-free; nor does Club Plus or any of it's information providers, licensers,employees or agents make any warranty or representation as to the result to be obtained from use of the service.The service and any deliverables provided by Club Plus or those whom it is responsibale in law are provided "as is" and "as available" without warranties or conditions of any kind. Neither Club plus nor anyone else involved in creating,producing or delivering the software or consequential damages arising out of the software or the service or inability to use the software or the service. IN addition, you ex pressly agree and acknowledge that neither Club Plus nor any of its affiliates warrant that any data or files sent by or to you will be transmitted in uncorrupted from or within a reasonable period of time, that such data or files will not be intercepted or that other users will not gain access to any of your computer equipment, or that any content,, or other materials accessible on the service is free of viruses or other harmful elements or components.
THERE ARE NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTIES OR CONDITIONS WHATSOEVER (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)WITH REGARD TO THE SOFTWARE OR THE SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS,WARRANTIES,OR CONDITIONS OF ANY KIND,EXPRESS OR IMPLIED,ARE TO THE EXTENT PREMITTED BY APPLICABLE LAW EXCLUDED HEREBY.
You acknowledge and agree that this agreement may be canceled by you only upon prior notice to Club Plus Internet. The none use of the service is not considered to be a cancellation. Such prior notice shall be given a minimum of forty eight (48) hours for the 56K service and 10 working days for the ADSL service, before the next billing date in any of the following manners: (i) by telephone call Club Plus's Customer Service Department at (514) 696-7358; where notice of cancellation has been given by telephone call, Club Plus may require for verification purpose that you send written confirmation of your internet to cancel to "Club Plus" at 429 boyer, Ile Bizard, Qc, H9C 2S1. (ii)By facsimile message address to "Club Plus cancellation" at (514)696-4077. (iii)By mail addressed to Club Plus cancellation at 429 boyer, Ile Bizard, Qc, H9C 2S1. (iv) By electronic mail address to firstname.lastname@example.org Upon receipt by Club Plus, notices of cancellation shall be effective as of the last day of the then current billing period. You acknowledge and agree that Club Plus may, at any time and for any reason, including but not limited to your breach of any term or condition of this agreement, either suspend or restrict the service or terminate this agreement and the service, by giving you forty eight (48) hour's notice by either telephone, facsimile or electronic mail.
In the event that you cannot connect to the Internet, you may cancel this agreement for a full refund provided always that you do so within five (5) calendar days from the date of registration of your Club Plus account. If you elect to cancel this agreement following the intitial five (5) days from the date of registration of your Club Plus, you will not be refunded for the current month (or any previous months in case where you have pre-paid for more than one month). If you have made pre-payment, you will be refunded for any remaining whole months, however you will be charged the activation fee, if the activation fee was waived because of initial pre-payment. A administration fee of $10.00 will be charge for unregistering with the Quebec government "Connecting Families to the Internet" Program if you cancel before 6 months.
For the 40 hours and Day time access account, if the cancelation is before the end of the first 3 months, you will be refunded for any remaining whole months but a activation fee of $10.00 will be charged . Refunds will only be issued to canceled users with credit balances except in the case of a billing error.
11.Limitation of liability.
(a) In the event of any breach by Club Plus,its affiliates or its agents or those for whom it is responsible in law, including a breach of a fundamental term hereof or any negligence on their part, you expressly agree an acknowledge that your exclusive remedy shall be to recive from Club Plus payment and direct damages up to maximum amount equal to the fees paid by you to Club Plus hereunder during the three (3) months preceding the date of any such breach.
(b) Other than as set out in paragraph (a) above, under no circumstances shall Club Plus, its employees, its affiliates, or those for whom it is responsible in law, be liable to you or any third party for:
(i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities, that in any way result from this Agreement or your use of the Software or the Service or your access to the Internet or any part thereof, or your reliance on or use of software, information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in preparations, or transmission, or failure of performance; or
(ii) any losses or expenses (including legal fees) arising out of or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Software or the Service by you or a third party through your Club Plus account infringes the intellectual property rights or contractual rights of any third Party.
Club Plus may modify this Agreement intermittently by reasonable notice to you, and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of such modification. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.
13. Unlimited Plan.
You understand that this account type is based on intermittent dial-up usage. Club Plus reserves the right to discontinue services to any users who are abusing the system. A compensating fee could be charge at Club Plus's sole discretion.
This Agreement, including any and all documents referenced herein, constitutes the entire Agreement between Club Plus and you pertaining to the subject matter hereof. Club Plus's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any in this Agreement are found to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such a determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province in which your designated billing address is located and the federal laws of Canada applicable therein. Club Plus may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent.