Please read the following terms and conditions carefully. If you have any questions, feel free to contact us. All references to "service" shall mean "Internet access service" only unless otherwise specified. The term "Company" shall at all times refer to NoLimits Internet Solutions, Inc.
- Internet Access Service: The Company undertakes to provide the subscriber with Internet access service.
- Service Availability Warning: The Company does not guarantee uninterrupted service. The availability of the Internet
access service provided by the Company will be subject to power outages and other conditions affecting Internet use,
which are outside the control of the Company. By accepting this contract, the Subscriber will be deemed to have
considered and accepted this qualification with respect to the Subscriber's application of the service to the use of VolP
telephones, security systems, health monitoring systems or other systems requiring permanent, always-on connections.
The Subscriber hereby releases the Company from all claims it may have against the Company in the future arising from
damage or losses suffered by the Subscriber as a result of interruption of service due to conditions beyond the control of
the Company.
- Payments
- Installation: Payment is due on completion of equipment installation and initialization of the Internet service.
The Company requires that a deposit be paid or a lease contract approved prior to installation of any system that
is outside the scope of the “Basic” installation package. Please refer to the down load page of our website
www.nolimitsinternet.com for full details . The deposit will be fully refunded to the customer and this agreement
canceled without further obligations by either party if service cannot be installed within 120 days. Balance of
payment is due upon completion of installation and provisioning of service.
- Internet Service: On initiation of service, the Subscriber will be billed for (1) service from the date service is
commenced to the first day of the next month, (2) the first full month's service, Thereafter, service charges will be
billed monthly at the beginning of each month of service. All service payments must be made by direct debit or
by Visa or Mastercard, unless service is a business account and prior arrangements have been made. Payment
is due in full upon billing. Accounts are considered active until canceled by the Subscriber. All credit cards will
be charged automatically for each billing period. Billing/invoice statements will be sent via e-mail. NSF cheques
will be assessed a $40.00 handling fee. A service charge of 1.5% per month will be charged on all past due
amounts. If your account is referred to collection, purchaser agrees to pay any collection costs incurred including
reasonable attorney's fees, filing fees and court costs.
- Change in Terms: The company reserves the right to change the terms and conditions as required to conform with
changes in Government Regulations, such action to be taken only in so far as such changes in regulations affect this
contract.
- Applicable Law: You agree that this service is governed by the laws of Manitoba/Ontario. You agree that Winnipeg,
Manitoba in which the registered office of the Company is located shall be the forum for any legal action relating to the
services provided.
- No Redistribution: You are not permitted to resell or redistribute your Internet connection to other parties with out prior
written consent. A violation of this term will result in the immediate termination of your account. Hospitality service
operators, such as hotels, resorts, clubs, marinas, etc. may provide temporary Internet access to their on-premises paying
customers and guests, subject to the overall bandwidth limitations of the service plan herein provided.
- Subscriber responsibility: The Subscriber is responsible for
- Creating their own back-up copy of any important or critical information that they may have stored on their
system or on The Company server.
- Establishing, maintaining, modifying and protecting your Subscriber name and password.
- Ensuring that battery backup is available to your radios, routers, etc. during power outages; otherwise your
Internet connection will not be available during a power outage.
- Ensuring equipment is disconnected or suitably protected from lightning strikes or power
surges. Subscriber is liable for damage to company's equipment resulting from your failure to
protect Company equipment in a prudent manner.
- Providing adequate virus and spy ware protection to the subscriber's system
- Illegal or Inappropriate Use of the Service:
- Any Internet activity, which references back to the Company or its services in a damaging manner, will result in
suspension or termination of account(s). Illegal Internet activity using or referencing to the Company or an
account or services provided by the Company will result in immediate termination, possible prosecution, and
assessment of legal fees accrued.
- Subscribers are responsible for the content of messages sent from their account, whether sent as mail or as
electronic postings.
- Subscribers shall not use their account to create or distribute any images, sounds, messages or other material,
which are or may be considered in law to be obscene, pornographic, harassing, racist, malicious, fraudulent or
libelous, nor use the account for any activity that may be considered unethical, immoral, illegal or against the
public interest
- Subscribers shall not intentionally seek information about, browse for, obtain copies of or modify files,
passwords, tapes or any electronically or digitally formatted or stored information belonging to other individuals,
businesses or corporations, no matter where they are located, unless specifically authorized to do so by the
owners of or persons having control over such information.
- Subscribers shall not attempt to decrypt any encrypted material unless authorized to do so.
- The use of your account to send out any bulk and or unsolicited e-mail, commercial or otherwise (spamming), is
strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more
recipients where the recipient has not specifically requested such e-mail. Any violation of this policy may result in
the immediate termination of your account, at the sole discretion of the Company If you violate this spamming
policy, you will be assessed the following fines and penalties, which you hereby agree to pay:
- First offense: $100.00
- Second offense: $500.00 and automatic termination of your account.
- The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. Posting to any
newsgroup in contravention of the newsgroup charter is prohibited. The Company reserves the right to determine
whether a post constitutes a prohibited act. The posting of a single article or substantially similar articles to an
excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly
prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the
newsgroup or is deemed so by the Company.
- Impersonating another Subscriber or otherwise falsifying one's Subscriber name in e-mail or any post to any
newsgroup or mailing list is strictly prohibited.
- A violation of any term in this section will result in the immediate termination of your service.
- Remedies and Penalties: The actions the Company takes may include account suspension or termination. The
Company does not issue any credits for accounts canceled due to breach by the subscriber of any term or condition of
this contract. The Company reserves the right to refuse service to anyone at anytime for any reason. 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, attorney's' 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 $150 per hour, with a minimum one (1) hour charge,
plus $1 for each bulk-email or Use net message sent, plus $1 per complaint received. These rates are subject to change
at any time without notification.
- Common Use Policy: The Subscriber agrees that the personnel of the Company and its sub-contractors (together
recognized as the "Service Providers") will be allowed at their sole discretion to install, upgrade, repair and maintain the
radio transmission equipment (the "Equipment") to: a) provide service to the Subscriber; and b) operate the network
(including without limitation the Equipment at the Subscriber's premises) for the benefit of, and to provide services to, all
Subscribers. The Subscriber specifically agrees to:
- Provide space sufficient to install the Equipment on its buildings, structures or towers (the "Facilities")
- Allow the Service Provider free access to the Facilities over the internal road system located on the remainder of
the Subscriber's property from a public road abutting the Subscriber's property.
- Allow the Service Provider to access outdoor Equipment at all times.
- Where applicable, provide access to the interior of the Facilities during regular hours of operation for the Service
Provider to maintain the Equipment, its power and network connections.
- Provide reasonable care and protection for the Equipment
- Prevent anyone from moving, altering or modifying the Equipment, its installation and
configurations.
- Effective Date: This Agreement is effective upon the date it is executed by both parties, whether or not
the subscriber uses the Company's services, and continues in full force and effect until service
terminated by either party. If either party terminates this Agreement, you are still responsible for any
charges on your account.
- Termination: If at any time during the term of this contract you fail to abide by all or any of the terms and conditions in this
agreement, NoLimits Communications Ltd. reserves the right to immediately cancel your account. The contract may be
terminated at any time for default in payment but fees for the remaining contracted period are due in full. In the event you
want to cancel the Service, you must notify the Company in writing, no later than thirty (30) days prior to such cancellation,
provided that such cancellation shall be deemed to be effective no earlier than the date upon which the term of this
agreement or any subsisting renewal thereof expires. This notice must be e-mailed, faxed or mailed to the Company or
otherwise delivered in accordance with the Company's policies.
- Renewal: All contracts other than a seasonal contract will be automatically renewed at the expiry of the term for a further
term of the same length unless canceled in writing by the subscriber. Notice of cancellation in respect of contracts having
a term of 12 months or longer must be received by NoLimits Communications no later that 30 days prior to expiry of the
term. Month to month contracts will be effectively canceled at the end of the month term occurring next after 3Odays after
receipt of notice of cancellation. The Company reserves the right to refuse to renew this contract upon the expiry of any
term or renewal term and the right to renew a contract on altered terms on notice in writing to the subscriber delivered no
later than 15 days prior to expiry of the 12 month term
- Equipment: With the exception of towers sold to the customer as specified herein. all equipment supplied on customer
premises by the Company to provision the Service remains the property of NoLimits Internet Solutions Inc. or its agents.
Any equipment belonging to the Company that is not returned upon termination of service will be billed to the subscriber at
full acquisition cost.
- Prior Agreements Void: This Agreement hereby supersedes all previous representations, understanding, or agreements,
written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and
conditions of any and all orders submitted.
- Warranty: In providing Internet access service. The Company, 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 TO THE SUBSCRIBER FOR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM
PROVISION OF OR FAILURE TO PROVIDE THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY
WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR TO
ACCESS THE INTERNET, RELIANCE ON INFORMATION OBTAINED THROUGH THE INTERNET, INTERRUPTIONS
IN SERVICE FOR ANY REASON, DELETION OF FILES OR E- MAIL, LOST DATA, UNAUTHORIZED ACCESS TO THE
CUSTOMER'S RECORDS OR FILES, ERRORS, DEFECTS, DAMAGES TO COMPUTERS AND STORED
INFORMATION DUE TO VIRUSES, DELAYS IN OPERATION OR TRANSMISSIONS OR ANY OTHER FAILURE OF
PERFORMANCE.
- Binding Agreement: This agreement shall be binding upon the successors and assigns or, as the case may be. the heirs
and personal representatives, of the Company and the subscriber.
The undersigned subscriber acknowledges that the terms and conditions of this contract as set out above
and on the reverse side of this document have been read and are understood and agreed to.
I hereby authorize NoLimits Internet Solutions Inc or its agent to install equipment and provide services as
requested. acknowledge that all Contracts are subject to final site survey; at Which time a final decision of service
availability and installation price will be made.
NoLimits Internet Services Inc. PO Box 1004 Niverville, Manitoba
Toll Free: 866-999-NLIS (6547) Fax: 888-315-7770