SureNet Communications Group ("The ISP/ISP") agrees to provide you ("The Subscriber/User") with Internet access through its servers located in various points across Canada and the USA on the following conditions: Please keep in mind that these policies are subject to change at any time without prior notice.
Protection of our customers and our resources, the ability to provide quality service to our customers, conformance with existing law, and the protection of our reputation as a service ISP are all contributing factors to decisions on policy violations.
It is our intention to allow The ISP's customers access to everything the Internet has to offer with minimal or no interference.
The ISP does not monitor the activity of accounts except for measurements of system utilization and billing records. However, in our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of The ISP's service, we will respond accordingly.
Financial Arrangements:
SureNet offers selected accounts available as a pre-paid service. Once the pre-paid period has expired, the account will expire and the customer must make arrangements to renew the account. If left inactive for 30 days, the account will be removed from our system.
Ongoing monthly and yearly accounts:
1. Your account with The ISP does not fall in to default with respect to payment of monthly or annual dues, or additional usage costs which may be incurred from time to time.
a. The User is responsible for any and all fixed and accumulative charges for this account and is non-refundable. The service fee is due upon account activation. Each monthly billing period, the account will be charged the monthly access and any other fees for the next month by credit card or Pre-authorized banking. First and Last months payment is due in advance for any account. Payment must be made in ways indicated at signup or by notice on our web page or email notifications. Failure to use this account(s) does not relieve the user of payment obligations. Customers starting new service in the middle of a calendar month will be billed until the same date in the next calendar month. Email Billing customers will be have their monthly bill emailed to them at the SureNet email address created at signup. Adobe Acrobat reader will be required to open the attachment. Payment is due on receipt of invoice. A $3.00 service charge will applied if you wish to receive an invoice via Canada Post. Statements will be mailed out each month. 2% credit surcharge will be added to delinquent accounts. A $3.00 service charge will applied if a Statement of account has to be mailed for accounts over 30days in arrears. After 45 days, SureNet reserves the right to suspend the account until payment is made. Delinquent accounts may be sent to collection and the account terminated.
b. Credit Card customers agree to allow ISP to bill such card on each successive billing date without obtaining the user's permission after the initial charge. Credit Card customers shall notify ISP of any changes in Credit Card Number or expiration date. If the card is not honored for any reason ISP will attempt to contact user via telephone, e-mail, and/or Postal service within thirty (30) days, a administration fee will be added to your account. If you dispute a valid credit card charge levied by the Company, your account with the Company will be disabled and you will be charged a $40.00 service fee. Failure to use this account(s) does not relieve the user of payment obligations. If the card is still not honored on the thirtieth day the customers' account will be issued an invoice. Statements will be mailed out each month. 2% credit surcharge will be added to delinquent accounts. After 45 days, SureNet reserves the right to suspend the account until payment is made. Delinquent accounts may be sent to collection and the account terminated.
c. If payment is by cheque, payment is due five days prior to the renewal date for the month in which service will be provided. If payment is pre-authorized chequing, payment is process on the 1st of the month for renewals between the 1st and the 15th of the month, and on the 16th of the month for renewals the rest of the month. Billed accounts are invoiced monthly or yearly. . First and Last months payment due in advance for any account. Dishonored cheques are subject to a collection fee of $35.00 Failure to use this account(s) does not relieve the user of payment obligations. Statements will be mailed out each month. 2% credit surcharge will be added to delinquent accounts. After 45 days, SureNet reserves the right to suspend the account until payment is made. Delinquent accounts may be sent to collection and the account terminated.
d. Yearly accounts are non-refundable contracts and will not be refunded after purchase. Yearly contracts renew automatically and an invoice will be sent to the customer on renewal. A 5 day warning will be sent by email to the users surenet.net email account. The customer will be given 30days grace to change internet plans or to cancel service on renewal. Pro-rated charges will apply.
e. Yearly contracts cannot be cancelled during the contract period. The customer agrees that the contract is binding until the end of the term whether the contract was agreed to verbally or in writing and use of the service indicates that the customer understands and agrees to the contract term.
f. The customer will be responsible for broadband modems/wireless equipment in their possession. They remain the property of SureNet. A $50 deposit is required on all modems. Failure to return the modem/wireless equipment and all cables and accessories will result in additional fees added to your account. Customers are responsible to protect modems/wireless equipment from electrical, cable, or phone line damage. The modems/wireless equipment carry a 12month limited warranty against manufacturer’s defects. Damage by other causes will result in additional replacement fees added to your account. The customer is responsible to advise the Provider of any changes of telephone or cable company. Service outages caused by such changes are the sole responsibility of the customer and reconnect fees will apply.
If your account is suspended for any reason as outlined above, access to your account will be blocked until payment is made. Reconnect Fees may be applied upon payment. When your account is terminated, we will delete all e-mail and your user directory. Your USER ID will also be available for reissue.
g. ISP prices and features are defined at http://www.surenet.net and are subject to change at any time.
h. The ISP has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 2% per month on the outstanding balance as of the invoice due date. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. Customers on a contract term will be billed the full balance owing to fulfill the contract period. In the event ISP utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of ISP attorneys' fees and costs in pursuing the collection of these sums.
i. The ISP reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the user on a pro-rata basis.
j. The user must notify The ISP in writing, e-mail or fax to cancel service. **PLEASE NOTE**: Voluntary cancellation of a membership by The Subscriber will only be accepted 30 days prior to your renewal date (the day you signed up). Cancellations during the contract period will result in the balance of the contract being billed to your account. The document must include, account name, user's proper name, address, telephone number, date of birth, signature, and date. This document can be faxed to our accounting office at (705)789-2550 or emailed to billing@surenet.net. We cannot accept any cancellations by telephone. Please allow 48 hours for processing of cancellation request. Should any of the required information not be present on the document membership will not be cancelled. Fees for any setup and the service are not refundable. Failure to use the service does not relieve the user of payment obligations. There are NO refunds on cancelled memberships. All user phone calls may be logged and/or recorded. Upon receipt of cancellation request, ISP will delete all email, directories, files, web pages, and any other information stored on its servers for user. The USER ID and IP Address will be made available for reuse.
2. SureNet Communications Group Inc provides all services on an "As Is" basis. In providing Internet access and any other services, SureNet Communications Group Inc, its officers, directors, employees, representatives and agents, make no representations or warranties except as expressly stated herein and EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SECURITY, AND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE FOREGOING, SURENET COMMUNICATIONS GROUP INC WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET, RELIANCE ON INFORMATION OBTAINED THROUGH THE INTERNET, INTERRUPTIONS IN SERVICE, DELETION OF FILES OR E-MAIL, LOST DATA, UNAUTHORIZED ACCESS TO THE CUSTOMER'S RECORDS OR FILES, ERRORS, DEFECTS, VIRUSES, SPYWARE, MALWARE, DELAYS IN OPERATION OR TRANSMISSIONS OR ANY OTHER FAILURE OF PERFORMANCE. In order to maintain a highly-available network we reserve the right to disconnect non-dedicated dialup accounts that are either idle for more than 15 minutes or that are being used in a way that attempts to maintain a dedicated connection. Our "Unlimited Internet" dialup package is defined as access to the Internet anytime and does not imply continuous, unattended or dedicated service. We also reserve the right to disconnect accounts that are running high-traffic Internet servers from personal accounts.
3. The ISP generally and specifically denies any responsibility for any damage that you may suffer. This includes but is not limited to viruses, loss of data resulting from delays, non-deliveries, or service interruptions caused by negligence, errors or omissions, either on the part of The ISP, The Subscriber or Network ISP (internet, telephone, wireless, satellite or cable company)
4. Any access to other networks or systems gained through the use of an account with The ISP must comply with the rules and regulations of that network or system.
5. Accounts with The ISP may only be used for lawful purposes. You agree not to use the The ISP's service to:
access information for which you are not authorized;
distribute copyrighted material for which you are not authorized;
distribute unsolicited bulk email (spam);
transmit data that is unlawful, harassing, abusive or defamatory;
knowingly transmit a virus, trojan or other harmful software program;
hack, attack or otherwise cause damage to any computer networks;
use our services in any way that would negatively affect our goodwill;
abuse or violate the privacy of others;
abuse or fraudulently use the Internet in any way.
6. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein.
7. At the discretion of The ISP or any of its officers, access to SureNet Communications Group or its websites may be revoked at any time for abusive or illegal conduct on the Internet or any of its resources in part or as a whole. The ISP and its officers are deemed as authority to define abusive conduct and/or the Internet and/or any of its resources, and definitions of same are subject to changes and amendments from time to time.
8. You, The Subscriber, and/or your parent(s) legal guardian(s), agree to indemnify and hold harmless, The ISP and/or Network ISP (telecommunications, satellite, wireless or cable company) from any claims of any kind resulting from your use of the service which damages you or another party in any way, shape or form irrespective of any vicarious liability on the part of The ISP.
9. The Company will not be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond The Company's reasonable control(Force Majeure) and is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected customer will give prompt written notice to the Company and will use commercially reasonable efforts to minimize the impact of the event.
10. The use or distribution of any files or information gathered via services offered through The ISP, shall be done at your own risk. The ISP specifically and generally denies any responsibility for the accuracy or quality of the information obtained in any way via the use of its services.
11. While every reasonable effort is made to ensure privacy of your material, The ISP does not guarantee privacy of your files and/or electronic mail. Steps must be taken by you to ensure higher levels of security. SureNet will not provide or sell your information to any source at any time.
12. Web space issued with personal accounts are for personal use only. No website shall be created and placed on The ISP's system for commercial purposes by individuals not holding a commercial account with The ISP. Any such web content shall be subject to additional charges and be billed as a commercial account and/or subject to action deemed necessary by The ISP up to and including termination of said personal account.
13. E-mail which has been left on our server may be deleted if it surpasses 25 Megs, or if it has not been read and been left on the server for over 30 days, or if it has been read and left on the server for 5 days. This will not affect you as long as your e-mail software is configured not to leave e-mail on the server.
14. Commercial E-mail: Sending unsolicited commercial e-mail is prohibited. Using a surenet.net or hosted domain e-mail address to collect responses from unsolicited commercial e-mail is prohibited. If you violate this spamming policy, you will be assessed the following fines and penalties, which you hereby agree to pay:
14(a). First offence: $100.00
14(b). Second offence: $500.00
14(c). Third offence: $500.00 and automatic termination of your account.
15. Mail Bombing: Sending large volumes of unsolicited e-mail to one user is called "mail bombing" and is prohibited. Penalties will be assessed in accordance to item 14.
16. Newsgroup spamming: Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. The ISP does not allow more than 5 newsgroups, or cross-postings, for a single article or substantially similar articles. Penalties will be assessed in accordance to item 13
17. Internet Relay Chat (IRC): The use of IRC bots and the act of "flooding" are prohibited, as is the violation of any accepted policies on IRC servers. The ISP will respond to complaints of violations of the above rules and will take appropriate action where necessary.
Bots are defined as multiple clients (IRC programs) running simultaneously and connected to the same server, and flooding is defined as quick and repetitive actions or messages aimed at a user with the intention of disrupting or disconnecting such user. Bots and flooding are generally not accepted on the majority of IRC Servers.
18. Impersonation: Any attempt at impersonating by using forged headers or other identifying information, is not allowed.
19. Network unfriendly activity: Activities, which adversely affect the ability of other people or systems to use The ISP's services or the Internet is prohibited.
20. Privacy violations: Attempts, whether successful or not, to gain access to any computer system, or customer's data, without consent is prohibited.
21. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, you shall be held liable for any and all costs incurred by the Company as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is $100 per hour, with a minimum one (1) hour charge, plus $1 for each bulk-email or Usenet message sent, plus $1 per complaint received. These rates are subject to change at any time without notification.
22. As used in this Customer Use Agreement, the term the "Company", "Provider" & “ISP” refers to SureNet Communications Group Inc and its affiliated websites.
23. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any other agreement or order.
E.O. & E.
01/08 |