Terms
and Conditions of Service
Provided by INFORMATION HIGHWAY.COM, INC.
Service Agreement
THIS
AGREEMENT sets out the terms and conditions of your access
to Information Highway.com, Inc.'s ("IHIWAY") Internet
access and/or web hosting service (the "Service") and
also limits the liability of IHIWAY.
Provision of Service - You understand and agree
that, subject to the terms and conditions set out herein,
IHIWAY will provide to you the Service. By opening an
account under your name and using the Service, you agree
to be legally bound by and abide by the terms of this
Agreement. You are responsible for all use of your account
by anyone unless it can be conclusively proven, to the
satisfaction of IHIWAY to have been an unauthorized intrusion.
If you believe that there has been unauthorized access
to your account, you are required to immediately change
your password and notify IHIWAY of such intrusion.
Payment Obligations - If you have given your credit
card number to IHIWAY, you understand that charges will
be billed to your credit card for the Service. You authorize
this automatic billing by IHIWAY. IHIWAY's billing cycle
is based on your sign up date, with the Service fee for
each billing period charged and due at the beginning of
renewal of the Service. You understand that all charges
are considered valid unless disputed in writing within
thirty days of invoicing. Your account shall be automatically
renewed for successive terms on the expiry of the initial
and each successive term unless you or IHIWAY gives the
other party 10 days notice in writing or by email, accounts@ihighway.net
of the termination of Service. If you fail to pay for
the use of the Service or fails to pay any other amount
owed to IHIWAY in accordance with its invoice terms, IHIWAY
may terminate the Service without notice to you. You understand
that IHIWAY may change its prices from time to time, and
that you will be provided with 30 days written or electronic
mail notice of any such change.
Service Limitations - The Service offers a variety
of access speeds and accounts. All Services are subject
to the availability of suitable equipment and facilities
and consequently all services are not available at all
locations. The Service is subject to your equipment satisfying
standards of transmission and supporting communications
protocols required for access to the Internet through
the existing IHIWAY service equipment and facilities.
You are not permitted to operate an e-mail, web, news
or other similar servers through an IHIWAY dial-up service
except as specified by IHIWAY. Only e-mail addresses and
web page addresses hosted on IHIWAY servers are entitled
to the components of the Service provided by IHIWAY.
Customer Software and Hardware - IHIWAY is not
responsible for any damage to or loss of data or software
from your computer while installing or maintaining the
Service. IHIWAY recommends that you back-up all existing
computer files by copying them to a different storage
device prior to the installation or maintenance of any
IHIWAY dial-up hardware or software.
Technical Support - IHIWAY will provide technical
support for the Service; however, it will not provide
support to components of your computer or network. The
Help Desk can be contacted at 1-800-832-5945, which Help
Desk will provide telephone assistance on a reasonable
effort basis during specified hours.
Content - You agree that you are aware that the
Service provides access to content that may be for mature
audiences only and which you may find offensive. IHIWAY
recommends that access accounts are not used by anyone
under the age of 18 unless under adult supervision.
Use of the Service - You agree to use the Service
in a way that conforms with all applicable laws and regulations
and you specifically agree not to make any attempt to
gain unauthorized access to any systems or networks. You
agree that you will not use the Service or the IHIWAY
web site to publish, post, distribute or disseminate another's
proprietary information, including trademarks or copyrighted
information, without express authorization of the rights
holder. You understand and agree that IHIWAY reserves
the right to immediately remove (with or without terminating
your account) from your account or any web site you establish
on IHIWAY's server any material or information which infringes
another's proprietary rights.
You agree not to obstruct the Service's identification
procedures in electronic communications which you initiate;
engage in an unsolicited mass distribution of any message;
disrupt or interfere with the Service or any service of
any other Internet access provider; or to engage in any
activity that could compromise the security of the Service
or the security of other computers on the Internet.
Warranty Disclaimer - You understand and agree
that the use of the Service and any data or information
accessed using that account, will be completely at your
own risk. You understand and agree that the cumulative
liability of IHIWAY for any and all claims relating to
the Service, in contract, tort, or otherwise, shall not
exceed that total amount of the Service fees paid to IHIWAY
for Service within the prior year. You agree that IHIWAY
shall have no liability for any consequential, indirect,
special or incidental damages regardless of the success
or effectiveness of other remedies.
Indemnification - You agree to defend, indemnify
and hold IHIWAY and its affiliates harmless from any and
all liabilities, costs, and expenses, including reasonable
attorneys' fees, related to or arising from, any violation
of this agreement by you or those who access the Service
through your account, or the use of the Service or the
Internet and the placement or transmission of any message,
information, software, audio files or other materials
on the Internet by you or by those who have access to
the Service through your account.
Compliance Measures - IHIWAY reserves the right
to monitor any and all communications and activity through
or with the Service to ensure adherence to the terms and
conditions of this Agreement. You agree that the Service
is not to be considered a secure communication medium
and that no expectation of privacy is afforded. IHIWAY
reserves the right to prohibit, remove and/or block access
to any content or Internet capability, including any pages,
Usenet newsgroup and/or IRC channel, at any time for any
reason, including those which contain hyperlinks to material
that IHIWAY deems inappropriate or material which promotes
or induces illegal activity.
Termination - You may stop using the IHIWAY service
at any time and terminate your account by contacting IHIWAY
at 1-800-832-5945 or via email to sales@yesic.com, specifying
your User ID and the last four digits and expiry date
of your credit card. Once IHIWAY has received this information,
IHIWAY will process your request effective your next billing
date. IHIWAY may suspend or restrict your account and
the IHIWAY service or terminate this Agreement at any
time, if any amount is past due from you to IHIWAY; or
there has been or is any breach of any term or condition
of this Agreement. You are responsible to pay all fees
up to the date of termination of the IHIWAY service. IHIWAY
shall have no responsibility to notify any third party
providers of services, merchandise or information of such
termination or suspension. Any termination of this Agreement
shall not relieve you from any amounts owing or other
liability accruing hereunder prior to the time that such
termination becomes effective. You agree to return all
equipment provided to you by IHIWAY to IHIWAY upon termination
of the IHIWAY dial-up service. If you do not return the
equipment, or it is returned damaged, a $500.00 charge
will be applied to your IHIWAY bill.
Changes to Service/Customer Account - IHIWAY reserves
the right to change a customer's e-mail ID or make other
changes to any aspect of the Service as service, network
or policy issues require. IHIWAY will exercise commercially
reasonable efforts to inform you prior to making any changes.
IHIWAY may discontinue any or all classes of service at
its discretion. Should IHIWAY exercise this right customers
will receive a pro-rated refund.
Complete Agreement and Amendments - This Agreement
represents the entire agreement between you and IHIWAY
and supersedes any other written or oral agreement. IHIWAY
reserves the right to amend this Agreement. Prior to any
amendment, IHIWAY will first publish the proposed amendment,
accessible through its homepage. If the amendment is unacceptable,
you may terminate the Service. If you continue to use
the service after the amendment becomes effective, you
will be deemed to have accepted the amendment. Furthermore,
upon notice published online by IHIWAY, the above terms
and conditions may be modified and prices for services
may be changed.
Enforceability - The failure of IHIWAY to insist
upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision of this Agreement. In the event that any portion
of this Agreement is held to be invalid or unenforceable,
the invalid or unenforceable portion shall be construed
in accordance with applicable law as nearly as possible
to reflect the original intention of the parties, and
the remainder of this Agreement shall remain in full force
and effect.
Governing Law - This Agreement shall be governed
by and construed in accordance with the laws of the Province
of British Columbia. Each party irrevocably consents to
the exclusive jurisdiction of the courts of the Province
of British Columbia and the courts situated in the Province
of British Columbia in connection with any matter arising
under this Agreement. Any cause of action you may have
with respect to this Agreement or the IHIWAY service must
be commenced within one year after the claim or cause
of action arose, or it shall be barred.
Assignability - IHIWAY may assign its rights and
obligations under this Agreement without your prior written
consent. You may not assign this Agreement.
Revision 2.0
May 17, 2000
