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See also our Privacy Statement
See also our Appropriate Use Policy
Please read this document carefully. This Agreement outlines the
duties and responsibilities of Inter.net Canada Limited ("Inter.net
Canada"), in providing you with Internet access and other
services, as they may become available from time to time (the "Service")
as well as your rights and responsibilities as a Subscriber to the
Service. Additionally, you acknowledge that you have reached the
majority age in your province or residence and therefore able to
make this binding contract with Inter.net Canada. In the event that
you do not wish to be bound by these terms and conditions you hereby
expressly acknowledge and agree that you shall be prohibited from
accessing or using the Service. Moreover, by clicking on the button
and by accessing the Service you formally agree to all of the terms
and conditions stipulated below.
This is a residential subscription and is not intended for business
use. Furthermore, this subscription provides you with an access
to the Service based on an intermittent and interactive use, not
a dedicated access. The term "intermittent" means that,
for each and any 24-hour period, you can access the service for
sessions of up to 8 consecutive hours. After 8 consecutive hours,
you must disconnect, or the system may automatically do so. In case
of automatic disconnection by the system, Inter.net Canada will
not be responsible for any damages that might occur.
1. Inter.net Canada's Policies on the Use of the Service
As an Inter.net Canada Subscriber to the Service, you are responsible
for access to the Service through your designated Inter.net Canada
subscription. You further agree to comply with all of Inter.net
Canada's policies respecting the Service (including but not limited
to the Code of Ethics of the user of Inter.net Canada) as provided
to you or to which you shall be directed when using the Service.
You agree to provide accurate and current information about yourself
as required by the registration process, and to promptly update
such information as necessary to ensure that it is kept accurate
and complete.
You agree that Inter.net Canada shall not be responsible for, and
you hereby agree to hold Inter.net Canada free and harmless from,
any and all liabilities and expenses related to any violation of
this Agreement by you or any user of your Inter.net Canada subscription,
or in connection with the use by you or any user of your Inter.net
Canada subscription. Furthermore, you agree to notify Inter.net
Canada of any unauthorized use of your password or account. Also,
you agree that the Service can only be used by you and the members
of your household, and that you may not transfer or make available
your account name and password to others.
Should you at any time deposit information, software or other content,
in the public areas of the Service, you hereby understand and agree
that Inter.net Canada shall have the right and license and you hereby
give Inter.net Canada the authorization but not the obligation to
edit, copy, publish, distribute, and translate such information,
software or other document for any use without charge. Subject to
the foregoing right and license, each Subscriber who deposits information,
software or other document on the Service retains any rights Subscribers
may have in such information, software or other document.
While using the Service, you shall not post, transmit or otherwise
distribute information constituting or encouraging conduct that
would constitute a criminal offense or give rise to civil liability,
or otherwise use the Service in a manner which is contrary to the
law or would serve to restrict or inhibit any other user from using
or enjoying the Service or the Internet. More specifically but without
limiting the generality of the aforementioned, you agree, while
using the Service, not to:
(a) defame, abuse, stalk, harass, threaten or otherwise violate
the legal rights of others, including without limitation, the rights
of minors and the rights relating to privacy and publicity;
(b) post, transmit, link to, or otherwise distribute any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful material
or information;
(c) post, transmit or link to any information or software which
contains a virus, cancelbot, trojan horse, worm or other harmful
or disruptive component. You more specifically agree, without limiting
the generality of the aforementioned, not to use the e-mail service
to post, transmit, or otherwise facilitate the creation or distribution
of chain letters, junk e-mail, spam or any duplicative or unsolicited
messages, surveys, contests or pyramid schemes.
Also, you may not forge headers or otherwise manipulate any identifiers
serving to disguise the origin of any content transmitted using
the e-mail service;
(d) upload, post, publish, transmit, reproduce, link to or distribute
in any way, information, software or other material obtained through
the Service, or any derivative work thereof, which is protected
by copyright, or any other intellectual property right, without
obtaining permission of the copyright owner or rightholder;
(e) impersonate or falsely represent your association with any person,
including an Inter.net Canada representative or forum moderator;
(f) use, reproduce, sell, resell or otherwise exploit the Service
or any of its components for any commercial purposes;
(g) gather, collect or store personal information about others;
(h) distribute false publicity or advertisements or access the Service
with the intention of extracting content for purposes other than
personal use; nor
(i) attempt to gain access to the Service or any site, account,
computer system or network connected to the Service, through hacking,
password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally
made available through the Service.
Inter.net Canada reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that, according
to her and in its sole discretion, are unacceptable, undesirable,
or in violation of the Terms and Conditions.
Subject to the terms of this Agreement, you may use and display
the software on any machine of which you are the primary user.
2. Use of the Service by Minors
When you grant access to the Internet to any of your minor children
through Inter.net Canada's Service, you acknowledge and agree to
the following:
(a) advise your children never to divulge personal information
like their name, phone number or address in virtual public fora
like "chat rooms";
(b) supervise the use of the Service by your children and require
that they inform you as to the sites they visit; and
(c) advise your children not to organize meetings with other users
through the Internet unless you have been previously advised; they
should always be accompanied by an adult during these meetings.
You also acknowledge and agree that, as the legal guardian to your
children, it is your responsibility to determine which services
or contents are appropriate for them.
3. Credit Investigations, Client Information and Confidentiality
You hereby authorize Inter.net Canada and its mandatories to verify
your personal financial status by conducting a credit investigation
with third parties. All personal information obtained by Inter.net
Canada shall be treated as confidential, as required by law. Unless
you consent in writing thereto or unless disclosure is required
by law, Inter.net Canada will not disclose any personal information
pertaining to you to any party other than:
(a) an agent or credit agency retained by Inter.net Canada to collect
any overdue amounts owed to Inter.net Canada by you pursuant to
the terms of this Agreement;
(b) administrative personnel of Inter.net Canada, provided that
the personal information is released to such personnel solely for
Inter.net Canada's internal administrative purposes;
(c) any Inter.net Canada agent or contractor that requires such
personal information for the sole purpose of permitting the provision
to you of the Service to be provided by Inter.net Canada pursuant
to the terms of this Agreement; or
(d) as may be required by any law or government decree.
4. Fees, Billing and Plans
(a) Fees
As an Inter.net Canada Subscriber, you hereby agree to pay such fees, including all applicable taxes, incurred by the use of the Service, all of which shall be charged to your Inter.net Canada account in accordance with the rates and conditions established by Inter.net Canada for the Service and as such rates and conditions may be amended by Inter.net Canada from time to time upon 15 days prior notice to you. You further undertake and agree to promptly provide Inter.net Canada with any modifications to the credit card or banking information supplied with your Inter.net Canada account (i.e., changes to your credit card expiration date or other similar credit card information). If any payment you make is rejected or returned for any reason, Inter.net Canada will charge a $20 ($10 for pre-authorized debit) processing fee to your Account, and your Account may be subject to suspension at Inter.net Canada’s sole discretion (A) for cheque payment methods, if not fully paid within 2 weeks of Inter.net Canada’s notice to you of such a rejection, and (B) for pre-authorized debit, within 1 week of Inter.net Canada’s notice to you of such a rejection and, (C) for other payment methods, immediately. Any outstanding balance on your Account (including accumulated late fees) unpaid for 30 days after the invoice date will accrue late fees (commencing on the invoice date) at a rate of 1.5% per month, (19.56% per annum compounded) on the total amount overdue. All Accounts deemed at Inter.net Canada’s sole discretion to be “delinquent” for non-payment will also be subject to an additional $20 suspension fee. If there is an unpaid balance on your Account over 28 days in arrears, Inter.net Canada reserves the right to suspend your Account or Services or your access thereto until you make such arrangements to pay the balance owing in full, without affecting your obligation to pay all amounts outstanding. To reactivate a suspended Account, the full outstanding balance must be paid. Furthermore, Inter.net Canada may require a particular payment method be used for all future payments. Any Accounts outstanding for more than 90 days will be sent to collections and will be subject to other collection charges. You agree to pay all costs incurred by Inter.net Canada in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including lawyers' fees. As outlined in the Inter.net Canada Privacy Commitment, Inter.net Canada may release customer information to a collection agency for collection purposes only, as Inter.net Canada does not sell personal information.
(b) Billing
As an Inter.net Canada Subscriber, you shall pay monthly fees upon
receipt of your invoice along with any charges related to excess
usage from the previous month. Your initial billing period begins
on the date of your registration. Subject to the provisions to the
contrary as set forth herein, your Inter.net Canada account will
be automatically renewed on a month-to-month basis. Usage is determined
based on one-minute increments and fractions of minutes will be
rounded up to the next minute. Cumulative chargeable usage will
be invoiced monthly in increments of 30 minutes rounded up to the
next 30-minute interval. All of your invoices will be sent to you
via your e-mail address, except when the subscription has been terminated:
in that case, the billing will be sent by mail to the address you
specified at the time of your subscription or of any subsequent
update. You shall be responsible for all usage charges on your Inter.net
Canada account, and as such, you hereby agree to accept full responsibility
for the use of your Inter.net Canada account by other users of your
Inter.net Canada account, as well as to ensure that you are disconnected
from the Service when not in use.
(c) Plans
(i) Please refer to the "Our Rates" Section of Inter.net
Canada's Web site for the
specific characteristics of each plan offered.
(ii) Transfer Rate Limit
Your subscription has a transfer rate limit of 3 Gb per month for
download and 500 Mb per month for upload. If the transfer rate for
your subscription exceeds these limits or the limits as defined
herein, extra fees will be charged at a cost of $0,05 per megabyte
in excess of the aforementioned transfer rate limits. Inter.net
Canada may also, at its sole discretion, terminate the Service,
subject to the provisions set forth in Section 6.
(iii) E-mail Storage and Traffic
With your subscription, Inter.net Canada limits you to 5 Mb of storage
on Inter.net Canada's e-mail server. This storage space is for mail
that has not yet been delivered. It is not for storing mail that
you have already received. That material should be stored on your
computer. Should your mailbox exceed, at any time, 5 Mb in size,
you will be asked to remove all files in excess of 5 Mb. If you
fail to do so within seven (7) days following the receipt of a request
to that effect, Inter.net Canada may, at its sole discretion, delete
those files in excess of 5 Mb in order to respect the storage capacity
limit. Inter.net Canada will not be responsible for any lost content.
(iv) Discontinued Service in Case of Abuse
Inter.net Canada reserves the right, at its sole discretion, to
suspend or terminate the Service to all users who are abusing
the system or the Service, subject to the terms and conditions set
forth in Section 6. Inter.net Canada may from time to time define
what is abuse of the system or of the Service.
(v) Discontinued Service in Case of Inactivity
Notwithstanding any provision to the contrary, Inter.net Canada
may also disconnect your access to the Service for inactivity. The
term "inactivity" is defined as logging into a
particular service for 30 consecutive minutes without any network
activity. Furthermore, you agree not to use any software or any
other device for the purpose of simulating network activity to avoid
session inactivity disconnection.
(vi) Discontinued Service in Case of Spamming
Notwithstanding any provision to the contrary, Inter.net Canada
may immediately terminate, in accordance with the terms and conditions
set forth in Section 6, any subscription of anyone who is transmitting
or otherwise connected with any spam or other unsolicited bulk e-mail.
In addition, because damages are often difficult to quantify, if
actual damages cannot be reasonably calculated then you agree to
pay Inter.net Canada liquidated damages of $5 for each piece of
spam or unsolicited bulk e-mail transmitted from or otherwise connected
with your account. Otherwise, you agree to pay Inter.net Canada
actual damages, to the extent that such actual damages can be reasonably
calculated.
5. Plan Changes
You may request a plan change by submitting a request within our
Account Management section or by calling Inter.net Canada at:
1-800-920-SURF
or by completing the following form.
Please note that all plan change requests will take effect on your
next billing period. All modifications will be billed at the monthly
rate. Whether the modifications are effected at the beginning, the
middle or the end of a billing period, you will be billed for the
whole month.
6. Cancellation, Suspension and Refund
(a) Cancellation by you
You acknowledge and agree that this Agreement may be cancelled by
you only upon prior notice to Inter.net Canada. Such prior notice
shall be given a minimum of forty eight (48) hours before the next
billing date in any of the following manners:
(i) by telephone call to Inter.net Canada's Customer Service Department
at 1-800-920-7873; where notice of cancellation has been given by
telephone call, Inter.net Canada may require for verification purposes,
that you send written confirmation of your intent to cancel to "Inter.net
Canada Cancellations" at 5252 de Maisonneuve West, Suite 200,
Montreal, Quebec H4A 3S5;
(ii) by facsimile message addressed to "Inter.net Canada Cancellations"
at (514) 481-2785; or
(iii) by mail addressed to "Inter.net Canada Cancellations"
at 5252 de Maisonneuve West, Suite 200, Montreal, Quebec H4A 3S5.
Upon receipt by Inter.net Canada, notices of cancellation shall
be effective as of the last day of the then current billing period.
Whether the cancellation is effected at the beginning, the middle
or the end of a billing period, you will be billed for the whole
month. If you have benefited from a promotional rate (e.g. pre-payment)
and choose to cancel your subscription, you will be refunded for
any remaining whole months. Any promotional rates received will
be retroactively adjusted to reflect monthly charges at regular
monthly pricing. For all promotions offering free month(s) of Internet
access: The free month(s) of Internet access will be applied at
the end of the pre-paid plan. For example, if you pre-pay for five
months and receive one month free, the free month is applied as
the sixth month of service. If you cancel this Agreement before
the end of your contract you will not be eligible to receive the
promotional free month(s) of Internet access. All promotions and
rebates offered by Inter.net Canada to you have no money value.
(b) Cancellation or Suspension by Inter.net Canada
You acknowledge and agree that Inter.net Canada 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.
Upon termination:
(i) monthly fees prepaid for unused whole months remaining will
be refunded;
(ii) Inter.net Canada will not forward any mail or other files to
another account; and
(iii) all of your files including, but not limited to, e-mails and
homepages will be erased.
The termination of your subscription does not relieve you from any
amounts owing Inter.net Canada before such termination becomes effective
plus any costs including, but not limited to, costs incurred for
the collection of any outstanding amounts.
Upon suspension:
(i) Inter.net Canada will continue to gather and retain any mail or other files on our servers until end of suspension; and
(ii) all of your files including, but not limited to, e-mails and homepages will not be erased, but access will be denied.
The suspension of your subscription does not relieve you from any amounts owing Inter.net Canada before such suspension becomes effective plus any costs including, but not limited to, costs incurred for the collection of any outstanding amounts.
7. Privacy on the Net
Like phone calls made with a cellular or portable phone, messages
sent over the Internet may not be completely private. Although there
are ways to mask your identity when communicating on the Internet,
your anonymity is not guaranteed. The use of the Service is at your
own risks.
8. Concurrent Log-in Sessions
Each subscription to the Service is intended for only one connection
to the Internet at once. Therefore, several connections require
several subscriptions. As such, you hereby agree that should you,
for any reason, abuse this right by having concurrent log-in sessions
using a single username and password, your Inter.net Canada subscription
may be suspended and/or cancelled, subject to the terms and conditions
set forth in Section 6 above. As between Inter.net Canada and yourself,
you are better able and suited to implement the appropriate physical
and procedural impediments to the improper use of and to supervise
your Inter.net Canada account.
9. Local Access Numbers
With your Inter.net Canada subscription, you can enjoy local access
to a large number of Points of Presence across North America. You
are solely responsible for ensuring that your computer is connecting
to the local access number in your region ("Access Number").
To verify the number you are dialing please check the configurations
in your computer dialer. You should not be required to dial "1"
prior to the Access Number. If you are required to do so, your long
distance provider will apply long distance charges as the "1"
indicates that you are connecting to a non-local number, in which
case you will be solely responsible to pay the long distance fees
charged by your long distance telephone provider.
10. No Liability for Content
The Internet is a largely unregulated medium and therefore some
content, products or services offered on the Internet or through
the Service (collectively referred to as the "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. You acknowledge that Inter.net Canada has not
endorsed the Content and that it is not deemed to have examined,
viewed or approved the said Content. Inter.net Canada is not responsible
for any claim related to the access to the said Content or to its
use.
If you become aware of unlawful products, services or conduct on
the Internet, please notify Inter.net Canada by completing the following
form.
If other users have access to any material stored in your files
or programs located on Inter.net Canada's servers, then Inter.net
Canada reserves the right to review that material. If the material
in question is unlawful, Inter.net Canada reserves the right to
edit or remove that material. You will be given an opportunity to
respond, within a reasonable period of time, to the allegation that
the material in question is unlawful before Inter.net Canada takes
action.
11. No Liability for Dealings with Third Parties
You acknowledge and agree that your correspondence or business
dealings with any third parties, including any merchants or advertisers,
found on, or through the Service, including payment for and delivery
of related goods and services, and all other terms, conditions,
representations and warranties related to such dealings, are solely
as between you and such third parties. Inter.net Canada assumes
no responsibility whatsoever for any charges you or any user of
your account incurs when making purchases or other transactions
in this manner. Furthermore, the responsibility for ensuring compliance
with all applicable laws in connection with any such transactions
shall be the user's alone. You agree that Inter.net Canada shall
not be responsible or liable, directly or indirectly, in any way
for any loss or damage of any kind incurred as a result of, or in
connection with, any of such dealings or transactions.
12. No Liability for Links to Third Party Sites
The Service may contain links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the control of
Inter.net Canada and Inter.net Canada is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked
Site. Inter.net Canada is not responsible for webcasting or any
other form of transmission received from any Linked Site nor is
Inter.net Canada responsible if the Linked Site is not working appropriately.
Inter.net Canada is providing these links to you only as convenience,
and the inclusion of any link does not imply endorsement by Inter.net
Canada of the site or any association with its operators. You are
responsible for viewing and abiding by the privacy statements and
terms of use posted at the Linked Sites.
13. Inter.net Canada Software and Documentation
In cases where Inter.net Canada will be supplying you with compact
disks - read-only memory (the "Cd-roms") or other
machine-readable or accessible through the Internet medium (the
"Medium") containing Internet access or other software
(collectively referred to as the "Software"), you
hereby acknowledge and agree that:
(a) if the Software has not been developed by Inter.net Canada:
(i) the Software will not be installed, maintained, supported or
guaranteed by Inter.net Canada;
(ii) the use Software shall be subject to and you shall comply with,
such terms and conditions as are set out in the license agreements,
which may be included with the Software or as defined by the various
publishers thereof;
(iii) the responsibility of Inter.net Canada, in the event that
the Software, the Cd-roms or the Medium prove to be defective, shall
be strictly limited to the replacement of the relevant Cd-roms or
Medium;
(iv) the appropriate measures shall be taken to protect the Software,
including the relevant Cd-roms or Medium, from loss or damage; and
(v) the responsibility of Inter.net Canada, in the event that some
software are not fully-supported commercial versions, is limited
to the replacement, at its sole discretion, of the said Software
by any other software offering similar characteristics and functions;
(b) if the Software has been developed by Inter.net Canada, Inter.net
Canada will undertake to provide the required support, subject to
the provisions set forth in Section 14. Furthermore, you agree that:
(i) the Software will not be installed or guaranteed by Inter.net
Canada;
(ii) the use of the Software shall be subject to and you shall comply
with, such terms and conditions as are set out in the license agreements,
which may be included with the Software or as defined by the various
publishers thereof;
(iii) the responsibility of Inter.net Canada, in the event that
the Software or the Cd-roms or the Medium prove to be defective,
shall be strictly limited to the replacement of the relevant Cd-roms
or Medium; and
(iv) the appropriate measures shall be taken to protect the Software,
including the relevant Cd-roms or Medium, from loss or damage.
Inter.net Canada grants you a non-transferable and non-exclusive
license to the Software; provided that you do not (and do not allow
a third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by Inter.net Canada for use in accessing the Service.
In the event of a conflict between the terms and conditions that
accompany the Software and the terms and conditions set forth in
this Agreement, the latter will prevail.
14. Proper Equipment
Occasionally, the computer equipment required to access and use
the Service may change. You understand and acknowledge that it is
your sole responsibility to ensure that your computer system meets
the current minimum requirements stated by Inter.net Canada as being
necessary to use the Service. Accordingly, should your computer
equipment no longer be adequate to access the Service, you must
upgrade your equipment at your own cost and expense. You expressly
acknowledge and agree 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 6 above.
15. Trademarks and Other Intellectual Property
Inter.net , Inter.net
Canada are trademarks of Inter.net Canada Ltd. All other product,
brand and company names, logos and other intellectual property rights
used throughout the Service are the trademarks, registered trademarks
or other intellectual property rights of their respective owners.
You also acknowledge and agree that any content found on Inter.net
Canada's Web site, except the content provided by a subscriber to
the Service or which Inter.net Canada used according to the provisions
set forth in Section 1 of this Agreement, is the sole property of
Inter.net Canada or its suppliers and that you may not reproduce,
copy, distribute or use in any way, except for your personal use,
without the prior consent of Inter.net Canada.
16. Limited Warranty and Indemnification
Inter.net Canada's Service and Software is provided 'as is' without
any warranty of any kind. Neither Inter.net Canada nor any of its
information providers, licensors, employees, or agents warrant that
the Service will meet your requirements, that it will operate in
combination with the software and/or services that you select to
use on the Internet, that the operation of the Service will be uninterrupted
and error free, that any errors will be corrected, that the Service
will meet any particular criteria of quality or performance (as
regards to, without limiting the generality of the aforementioned,
the reasonable delays of delivery or receipt of data), that the
privacy of any data, information, content or other materials transmitted
by, to or through its computer and/or communication systems will
be preserved, that any data or files sent by or to you will be transmitted
in uncorrupted form nor that any Content, or other materials accessible
through the Service, is free of viruses or other harmful elements
or components.
Therefore, you assume full responsibility and risk of loss from
your downloading and/or use of the files or other material obtained
either directly or indirectly from Inter.net Canada. You agree that
in no event shall Inter.net Canada be liable for any damages including,
without limitation, direct, indirect, incidental, special or consequential
damages (including legal fees) resulting from:
(a) the loss of profits or revenue incurred by you or any third
party even if Inter.net Canada has been advised of the possibility
of such damages;
(b) the reliance on the Service;
(c) the mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in preparations, or transmission, or failure of
performance; and
(d) the allegations, claims, suits or other proceedings based upon
a contention that the use of the Software or the
Service by you or a third party through your Inter.net Canada account
infringes the intellectual property rights or contractual rights
or any other rights of any third party.
You agree to indemnify, defend and hold harmless Inter.net Canada,
its agents, affiliates, successors, assigns, its directors, officers
and employees for any damages, judgments, expenses and other liabilities
resulting from any final determination that the data, information
and/or content stored, received or transmitted, now or in the future,
to, through or from, as the case may be, your account infringes
trade-mark, trade secret, copyright, patent or third party intellectual
property rights and from any other damages, claims, suits or actions
which may arise, now or in the future, as a result of your use of
the service. This indemnification shall survive the termination
of this Agreement. You agree that Inter.net Canada will not be responsible
for damages and expenses related to the violation of this Agreement
resulting from the use by you or any user of your Inter.net Canada
account or in connection with your use or the use of the Service
by another user of your Inter.net Canada account and you agree to
hold Inter.net Canada harmless in that respect. This indemnification
shall survive the termination of this Agreement.
17. Limitation of Liability
In the event of any breach by Inter.net Canada, 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 acknowledge and agree that your exclusive remedy
shall be to receive from Inter.net Canada payment for actual and
direct damages up to a maximum amount equal to the fees paid by
you to Inter.net Canada during the three (3) months preceding the
date of any such breach.
18. Amendment to the Agreement
Inter.net Canada may, at any time and from time to time, modify
this Agreement by reasonable prior notice sent to you or displayed
on its Web site. As well, you agree to check Inter.net Canada's
Web site periodically to review whether any modifications have been
made. Your continued use of the Service following notice of such
modification shall be deemed to be your acceptance of that modification.
If you do not agree to any modification of this Agreement, you must
immediately stop using the Service.
19. Miscellaneous
Each of the terms, conditions and policies in this Agreement stand
alone. Should any provision of this Agreement be found by a court
of competent jurisdiction to be invalid or unenforceable, all other
provisions of the Agreement will remain in full force and effect.
Time is of the essence of this Agreement.
The amounts stated herein are in Canadian currency unless otherwise
specified.
Failure by Inter.net Canada to exercise any of its rights shall
not be a waiver or forfeiture of such rights.
The headings are included for ease of reference only and do not
form part of the Agreement.
Neither party is responsible for a failure to fulfill its obligations
under this Agreement or for delay in doing so if such failure or
delay is due to circumstances beyond its control, such as, but not
limited to, acts of God, acts of government, war, riots, strikes,
and accidents in transportation.
This Agreement shall be governed by and construed in accordance
with the laws of the province of Quebec and the federal laws of
Canada applicable therein. Furthermore, you hereby irrevocably consent
to the exclusive jurisdiction and venue of the courts of the province
of Quebec.
Nothing contained in this Agreement prevents Inter.net Canada from
complying with governmental or court of law requests or requirements
relating to your use of the Service or information provided to or
gathered by Inter.net with respect to such use.
Neither this Agreement nor the performance of the obligations under
this Agreement may be assigned by you without the prior written
consent of Inter.net Canada. Inter.net Canada may assign its rights
and obligations under this Agreement to any affiliated entity without
your prior written consent.
The parties have required that this Agreement and all documents
relating thereto be drawn up in English. Les parties ont demandé
que cette convention ainsi que tous les documents qui s'y rattachent
soient rédigés en anglais.
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