Highspeed Internet Service Terms of Service and Acceptable Use Policy

Last updated: November 2016

By using In2net Network’s Highspeed Internet Services (the “Services”), you agree to the following terms of this Agreement.

This Agreement constitutes the agreement between In2net Network Inc. (“In2net” or “our”) and the customer (“you” or “your”) subscribing to the Services. This Agreement governs your use of the Services and any devices and/or equipment used to support the Services, including without limitation, a modem and software used in conjunction with the Services which may be loaned to you from In2net for your use solely in connection with the Services (collectively, the “Equipment”). By activating the Services, you acknowledge that you have read, understand and agree to this Agreement.

In2net may revise this Agreement and provide notice of such material changes to you by sending you an electronic mail message at your contact email address. Such changes shall be deemed effective upon the delivery of the electronic communication. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION SENT TO YOU AND POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICES AFTER YOU ARE NOTIFIED OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCH CHANGES. If you do not agree with any of the amendments to this Agreement, you agree to stop using the Services and to provide notice to In2net of your termination of this Agreement in accordance with the terms of the Terms of Service. Customers should consult this document regularly to ensure that their usage conforms to the most recent version. In the event of conflict between any customer agreement and this Agreement, the terms of this Agreement will govern. Please refer to the customer agreement specific to the service which you are using.

 

Introduction

In2net provides T1 and Fiber Internet Services to residences and businesses that allows customers to connect to the In2net high-speed backbone network, and the Internet.

The Services use resources that are shared with many customers. Moreover, the Services provide access to the Internet which is used by millions of others. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available from the Services, and the Internet in general, must be balanced with duties and responsibilities designed to guarantee uniform access to all customers of the Services.

Use of the Services is subject to the following rules and guidelines. You are responsible for ensuring that the use of all Services provided to you comply with this Agreement.

 

Illegal Activity

Use of the Services for any activity that violates Local, Provincial, Federal or International law, order or regulation, is a violation of this Agreement. Prohibited activities include, but are not limited to:

1. 1. Posting, storing, transmitting or disseminating unlawful material, including without limitation, child or other pornography, any content, data or other material which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory or which in any way constitute or encourages conduct that would constitute a criminal offense.
   2. Disseminating material which violates copyright or intellectual property rights. The customer assumes all risk regarding whether material is in the public domain;
   3. Pyramid or other illegal soliciting schemes; or
   4. Fraudulent activities; including but not limited to: impersonating any person or entity, or forging anyone’s digital or manual signature.

 

Security

You are responsible for any misuse of the Services that originate from your account, even activities committed by any friend, family, co-worker, employee, guest or anyone with access to the account. You must ensure that others not gain unauthorized access to the Services.

The Services may not be used to breach the security of another user, or to attempt access to anyone’s computer, software or data, without the knowledge and consent of that person. The Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is strictly prohibited.

YOU MAY NOT DISRUPT THE SERVICES. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is also strictly prohibited.

YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY DEVICE YOU CONNECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, DATA STORED ON THAT DEVICE. In particular, In2net recommends against enabling file or printer sharing of any kind. In2net recommends that any files or services you make available for remote access be password protected.

 

Inappropriate Content

In2net is not responsible for any content you post, store, transmit, disseminate or access through use of the Services. Any content questions or complaints you may have regarding content you access should be addressed to the content provider.

You are responsible for information published to the Web or other Internet services, through your account. In2net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, at its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

In2net has no obligation to monitor transmissions made on the Services. However, In2net has the right to monitor such transmissions and to disclose the same in accordance with In2net’s Privacy Policy. By using the Services to publish, transmit or distribute content, a user is warranting that the content complies with this Agreement and licenses and authorizes In2net to reproduce, publish, distribute and display such content worldwide.

 

Electronic Mail

In2net limits the number of email messages that you can send through the Services using In2net’s email servers.

The Services may not be used to send bulk, unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages.

The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Agreement or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any Website or other resource which uses the Services.

Forging, altering or removing electronic mail headers is prohibited.

You may not reference In2net, In2net T1 or In2net Fiber (e.g. including Organization: In2net in the header, or by listing an IP address that belongs to In2net) in any unsolicited email, even if that email is not sent through In2net. In2net owns all IP addresses and email usernames for all Services.

Mail Bombing is prohibited. You may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is prohibited, whether or not the recipient wishes to receive such mailings.

In2net is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily, at In2net’s sole discretion.

 

Newsgroups

Messages posted to newsgroups must comply with the written charters or Frequently Asked Questions (“FAQs”) for those newsgroups. Advertisements, solicitations, or other commercial messages may be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.

Posting or cross-posting the same or substantially similar messages to more than 9 newsgroups is prohibited. Our news software will automatically cancel any messages posted to 9 or more newsgroups.

Binary files may not be posted to newsgroups not specifically named for that purpose.

Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

In2net reserves the right to discontinue access to any Usenet newsgroup at any time and for any reason.

You may not flood or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to: posting multiple messages with no text in the body, posting many follow-ups to messages with no new text.

Messages may not be cancelled, except by the author or by official newsgroup moderators performing their duties.

 

Internet Relay Chat

The Services may be used to participate in Chat discussions hosted by In2net servers, third party servers, or may not involve servers at all. In all cases, In2net does not monitor the contents of the discussion and is not liable for the content of any communications made via Internet Chat.

The Services may not be used for Chat flooding. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.

Any computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as bots or clones. Automated programs may not be used when the account holder is not physically present at the device.

The Services may not be used to send messages which disrupt another Internet user’s equipment, including software, hardware and user display. The Services may not be used to access any chat server in violation of this Agreement of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorized.

You are not permitted to use the Services to connect to chat servers or channels from which you have been banned.

The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive messages.

 

Data Transfer, Data Storage and Other Limitation

You must comply with the current data transfer, data storage and other limitations on the Services – where applicable.

• • You must ensure that your activity while using the Services does not improperly restrict, inhibit or degrade any other
  • You may not provide network services to others via the In2net Services. Examples of prohibited servers and services include, but are not limited to, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums. Some business services may be exempt from these limitations.

 

Early Cancellation Fee

If your Service is terminated prior to the end of your subscription’s contract term expires, you will be subject to an Early Cancellation Fee (“ECF”). The ECF will be $95.00, plus 75% of the remaining monthly fees under your contract.

 

Violation of this Agreement

In2net does not routinely monitor the activity of accounts for violation of this Agreement. However, in our efforts to promote good citizenship within the Internet community, In2net will respond appropriately if it becomes aware of inappropriate use of the Services. Although In2net has no obligation to monitor the Services and/or the network, In2net reserves the right to monitor bandwidth, usage and content from time to time, to identify violations of this Agreement; and/or to protect the network and In2net Internet customers.

In2net prefers to advise customers of inappropriate behaviour and any necessary corrective action. However, if you use the Services in a way which In2net, in its sole discretion, believes violate this Agreement, In2net may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. In2net will not have any liability for any such responsive actions. The above described actions are not In2net’s exclusive remedies and In2net may take any other legal or technical action it deems appropriate.

In2net reserves the right to investigate suspected violations of this Agreement, including the gathering of information from you or other users involved and the complaining party, if any, and examination of material on In2net’s servers and network. During an investigation, In2net may suspend the account or accounts involved and/or remove material which potentially violates this Agreement.

You hereby authorize In2net to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include In2net providing the username, IP address, or other identifying information about a subscriber, in accordance with the guidelines set out in In2net’s Privacy Policy.

Upon termination of your account, In2net is authorized to delete any files, programs, data and email messages associated with such account.

The failure of In2net to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will remain in full force and effect.

 

No Warranty or Representation

All information appearing on the Website is provided on an “as is” or “as available” basis, without warranty of any kind, either express or implied, including but not limited to, any implied warranties of fitness for a particular purpose, merchantability and non-infringement. Although In2net intends that all information appearing on the Website is current and accurate, In2net makes no warranty as to the accuracy, currency or completeness thereof. In2net assumes no responsibility for any error or omission that may occur on the Website.

Any products or services which you purchase from In2net or its affiliates shall be subject to all terms and conditions related to such purchase provided to you from time to time, including, unless otherwise provided, all terms and conditions set out in this Legal Notice or posted on the Website and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased.

IN2NET WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE USE OF THIS WEBSITE, ANY INFORMATION OR CONTENT AVAILABLE ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

 

Indemnity

You agree to defend, indemnify and hold In2net and its affiliates harmless from any and all claims, liabilities, costs and expenses which are related to any violation of the terms and conditions of this Agreement or which arise in connection with your use of or access to the Services.

 

General

1. 1. Customer Computer – It is your responsibility to ensure that your computer equipment meets the requirements set out by In2net as may be amended from time to time, that are necessary to use the Services.
   2. Ownership of Addresses – In2net owns all addresses provided to you, including but not limited to IP addresses, e-mail addresses and personal Web page addresses. IN2NET MAY MODIFY OR CHANGE SUCH ADDRESSES AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE YOU FOR SUCH CHANGES.
   3. End User Licenses You agree to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed in connection with the Service. All such end user licenses will terminate upon termination of this Agreement. In the event of an inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
   4. Multiple Users You acknowledge that you are executing this Agreement on behalf of all persons who use the Services through your computer. You assume all liability for such use of the Services and are responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.
   5. No License; Intellectual Property of In2net and Others Nothing within the Services or any additional services offered by In2net from time to time or through any In2net website shall be construed as conferring any license of In2net’s or any third parties’ intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You acknowledge and agree that In2net websites, the Services and/or additional services offered by In2net from time to time are protected by copyright, trademark, patent, or other proprietary rights.

You agree that if any of the terms and conditions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement will continue in full force and effect.

This Agreement is governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to the conflict of laws principles thereof. You consent to the exclusive forum, jurisdiction and venue of the Courts of the Province of British Columbia, or any other jurisdiction which In2net may deem appropriate, for all disputes, proceedings or claims arising out of or in connection with this Service.