Home
Contact
About Us
Terms & Conditions
Sign Up
Services
Compare
International Rates
E-mail Setup
FAQs
Terms & Conditions
EyeSurf Canada's Most Inexpensive Internet Service Provider, End User Terms and Conditions Rev. 0.01 June 2003. Note: Terms and Conditions apply to all users of EyeSurf. EyeSurf Canada's Most Inexpensive Internet Service Provider, ("EyeSurf,") agrees to provide you ("User") with Services ("Service") set forth on www.EyeSurf.net and affiliated sites subject to User's compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST CANCEL PER THE TERMS OUTLINED WITHIN THIS AGREEMENT UNDER RIGHT TO CANCEL. Warranty Disclaimer THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. EyeSurf, exercises no control whatsoever over the content of the information passing through EyeSurf,'s system. Use of any information obtained via EyeSurf, is at User's risk. Neither EyeSurf, nor any of its affiliates, its licencers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does EyeSurf, make any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY EyeSurf, ITS AFFILIATES, ITS licencers, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER EyeSurf, NOR ITS AFFILIATES, ITS licencers, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. 295., IS UNDER NO OBLIGATION TO ISSUE REFUNDS, CREDITS OR ANY SUCH REIMBURSEMENT FOR INTERUPTIONS IN SERVICE AS OUTLINED WITHIN THIS AGREEMENT OR OTHERWISE. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL EyeSurf, ITS AFFILIATES, ITS licencers, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT EyeSurf, IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, EyeSurf,'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. UNDER NO CIRCUMSTANCES SHALL EyeSurf, ITS AFFILIATES, ITS licencers, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EXPERIENCED BY USER THAT RESULT FROM VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL OCCURANCES. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of EyeSurf, in operating the Service, User's sole and exclusive remedy is to cancel per the terms outlined elsewhere in this Agreement. Indemnification Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold EyeSurf, its affiliates, its licencers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by EyeSurf, its licencers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify EyeSurf, in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and EyeSurf, shall confer as to and agree on the legal counsel(s) to be selected in any such defense. Age Limit User represents to EyeSurf, that he or she is 18 years of age or older. User understands that certain materials available while using the Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. Sexually Explicit Materials User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. EyeSurf, has no control over and accepts no responsibility whatsoever for such materials. Prohibited Uses User may not: Send unsolicited E-mail, (known as 'Spam') to anyone residing on our servers or through our servers, or when dialed into the network. Use of System for Spam or other prohibited uses will result in immediate termination of any and all EyeSurf, accounts registered to the User in violation without notice. The following types of E-mail sent constitute as Spam: •Forged E-mails To/From address other than from the actual sender or to the actual recipient. •Message subject not related to the E-mail body. •E-mail not requested by the recipient. •E-mails sent in bulk by sender. •Mail bombs. Restrict or inhibit any other User from using and enjoying the Internet; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; Post or transmit any sexually explicit materials or materials that may be offensive as determined by EyeSurf,; Post or transmit any information or software, which contains a virus, cancelbot, Trojan horse, worm or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; Send unsolicited advertising or promotional materials to other network Users (See section titled "MESSAGING"); Allow Users to run Maillist, Listserv or any form of auto-responds from User's account; Run or activate processes while User is not logged in; Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; Attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. EyeSurf, has no obligation to monitor the Service. However, User agrees that EyeSurf, has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. EyeSurf, will not intentionally monitor or disclose any private E-mail message unless required by law. EyeSurf, reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. EyeSurf, reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of EyeSurf, following payment of a reconnection charge, to be determined by EyeSurf, in its sole and absolute discretion. Messaging User agrees to limit their use of the EyeSurf, Service, specifically regarding the use of EyeSurf,'s electronic (E-mail) Services, to the following restrictions: Unauthorized Use of Relay Servers User agrees that any unauthorized use of any E-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited. Fraudulent Addressing User agrees that the purposeful distribution of any E-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any E-mail messages sent while using the EyeSurf, Service. Fraudulent Content – Acceptable Use User agrees to be held responsible for the distribution of fraudulent materials. VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF cancellation. EyeSurf, RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF EyeSurf, to REMEDY ANY LOSSES. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF EyeSurf, SERVICES FOR VIOLATION OF ANY OF THESE TERMS. Restricted Content You agree not to post or transmit any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Limitation of Dial-Up Services The sole purpose of these limitations are intended to limit the amount of unnecessary use of EyeSurf, Services by any such User, which restricts overall EyeSurf, system availability for other such Users. These limitations apply only to Dial-Up access Services offered by EyeSurf,. Limitation of Accelerated Dial-Up Services Due to certain conditions which may exist beyond EyeSurf,'s scope and control, user may not always see the same level of acceleration and in some cases may not see any at all. User may discontinue the Unlimited Dialup Internet Service at any time as outlined under Right to Cancel section. Idle Timeout User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the EyeSurf, Service. Maximum Single Session User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session. Minimum Re-Connect Limit User understands they cannot log back onto the EyeSurf, system for a period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination. Multiple, Concurrent Online Sessions User agrees to maintain no more than one (1) concurrent online session for each Dial-Up account purchased. Additional login sessions result in a per incident charge of $20.00 (CDN) directly to your account. WHEN FOUND IN VIOLATION OF THESE TERMS WILL RESULT IN IMMEDIATE SUSPENSION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "Multiple, Concurrent Online Sessions" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $20 (CDN). EyeSurf, RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF EyeSurf, SERVICES, A ONE-TIME FEE OF $20 (CDN) PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR EyeSurf, SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, EyeSurf, RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $20 (CDN) PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE SUSPENSION OF EyeSurf, SERVICES FOR VIOLATION OF ANY OF THESE TERMS. Access Telephone Numbers An updated and complete listing of EyeSurf, access telephone numbers is available at www.EyeSurf,. EyeSurf Canada's Most Inexpensive Internet Service Provider, CANNOT REPRESENT OR GUARANTEE THAT ANY DIAL-UP PORT IS LOCAL. EyeSurf, CANNOT CONFIRM THE LOCATIONS AND CITIES LISTED WITH CORRESPONDING ACCESS NUMBERS ARE IN FACT THE ACTUAL LOCATIONS OF THE ACCESS NUMBERS. IF ANY DOUBT EXISTS, USER SHOULD CONTACT THEIR TELEPHONE SERVICE PROVIDER DIRECTLY. EyeSurf , CANNOT BE HELD RESPONSIBLE FOR ANY LONG DISTANCE CHARGES USER MAY INCUR. EyeSurf, ITS EMPLOYEES OR ITS AFFILIATES ARE IN NO POSITION TO KNOW WHAT IS LOCAL TO EACH USER AND WHAT MAY NOT BE LOCAL TO EACH USER. EyeSurf, WILL MAKE NO REIMBURSEMENT, EITHER PARTIAL OR IN-FULL, FOR ANY LONG DISTANCE OR OTHER TELEPHONE CHARGES INCURRED BY USER WHILE CONNECTED TO THE SERVICE. User understands that from time to time EyeSurf, or its contractors may add, discontinue or change access telephone numbers. EyeSurf, and its contractors reserve exclusive right to add, discontinue or change access telephone numbers as deemed necessary. User agrees to alter access number if requested. In the event an access number is not available in a User's local dialing area, it is the sole responsibility of the User to cancel Service as outlined elsewhere in this agreement. EyeSurf, will issue no refunds or credits in the event an access telephone number is changed or discontinued. Terms of Payment EyeSurf, charges User a non-refundable administration fee as outlined on www.EyeSurf. EyeSurf, also charges User first month pre-paid and last month in advance, which is non-refundable once ordered via telephone or at www.EyeSurf. User's paying for yearly accounts understand and agree that once User payment has been made to EyeSurf, and User payment has been cashed User's are under one year contract for service in which the User agrees that there are no refunds and that there is contractual obligation to accept the service for a minimum period of one year. EyeSurf, will not under any circumstances refund yearly paid customers. A User who provides payment by credit card, agrees to allow EyeSurf, to bill his or her card on each successive billing date. A credit card User shall notify EyeSurf, of any changes in credit card number, expiration date. If the card is not honored for any reason, and if alternative billing has not been established, the account will be suspended and or terminated effective immediately. Dishonored credit card payments are subject to a collection fee to be determined by EyeSurf, in its sole and absolute discretion up to the amount allowable by law and User's account may be suspended until the account is current. If payment is not received, Service will be suspended and or terminated. User's paying by personal cheque will not be active nor able to use the Service until such time that the payment has cleared through the EyeSurf, company bank account. EyeSurf, reserves the right to refuse use of the service until such time. EyeSurf, will not be responsible for bank fees, interest charges, finance charges, over draft charges, or other charges incurred by User for exceeding credit card limits, exceeding available bank account balances, or any other such reason. If payment is declined in any form User's account will be suspended immediately. If payment is by check, payment due dates are upon User's signup date. Dishonored checks are subject to a collection fee to be determined by EyeSurf, in its sole and absolute discretion up to the amount allowable by law and User's account may be suspended until the account is current. If payment is not received, Service will be terminated. EyeSurf, maintains the right to terminate Service for any unpaid subscriptions. Accounts in default may be subject to a minimum interest charge of 2.5% per month with a maximum interest charge set that is allowed by law, on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices or contract time for yearly subscription User's. In the event EyeSurf, utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of EyeSurf,'s attorneys' fees and costs in the collection of these sums. EyeSurf, reserves the right to change prices at any time without prior notice to its Users or the public. Price changes will not be retroactive for existing Users, regardless of the length of their existing Service subscription. All amounts due, referenced on the EyeSurf, web site, or quoted by representations of EyeSurf, and its affiliates are understood by User to be in Canadian Dollars (CDN), unless otherwise stated. Right to Cancel EyeSurf, reserves the right to cancel Service for any reason without prior notice. EyeSurf, reserves the right to close accounts for whatever reason. User may discontinue their EyeSurf, Service at any time for any reason with proper notice as defined below: User must notify and provide a minimum of 30 days notice to EyeSurf, via telephone to cancel Service. USER SHALL NOT CONSIDER THEIR SERVICE TERMINATED UNTIL THEY RECEIVE A VALID CANCELLATION NUMBER. Cancellations shall not be honored by electronic mail, fax or postal mail. Cancellations receive no refunds. Refunds will not be issued for monthly or yearly accounts. No Confidentiality Information transmitted through EyeSurf, and through the Internet in general is not confidential. EyeSurf, cannot and shall not guarantee privacy or protection of any User. EyeSurf, reserves the right to monitor any User's transmissions when deemed necessary for providing proper Service and/or to protect the rights and property of EyeSurf,. User Information Unless required by court order, subpoena or other legal request, or upon the advice of counsel, EyeSurf, will not publish User's name and other consumer information. EyeSurf, will not make such information available to third parties. Non-transferable The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. User shall be liable for any violations to this Agreement that may occur during the use of User account. User E-Mail Account EyeSurf, provides User with one (1) ‘@EyeSurf,' e-mail account. Additional ‘@EyeSurf,' e-mail accounts may be available for sale at www.EyeSurf, or by calling customer service. EyeSurf, does not and will not perform system backups on any User's E-mail account(s). EyeSurf, shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. User should not use the EyeSurf, web mail feature as their primary mail client. Settings in the web mail feature, including stored messages, addresses, or other settings will not be retained in the event of data loss. Storage for e-mail messages and attachments is set to 10 MB per account. E-mail data on our servers may be deleted at least every 21 days. Purchases and Transactions while on the Service EyeSurf, is not responsible for the confidentiality of information that User may provide to merchants and information or Service providers while connected to the Service. Negligence or other issues related to purchases, agreements, or other transactions performed while User is connected to the Service are the sole responsibility of User and merchants and information or Service providers. EyeSurf, assumes no responsibility or liability in such transactions. No System Backup EyeSurf, does not and will not perform system backups on any User's E-mail account(s). EyeSurf, shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, EyeSurf, will not provide historical data, to any party for any reason, regarding any system or Internet activity. Failure to Comply With Terms and Conditions EyeSurf, may deny User access to all or part of the Service without notice if User engages in any conduct or activities that EyeSurf, in its sole discretion believes violates any of the terms and conditions in this Agreement. If EyeSurf, denies User access to the Service because of such a violation, User shall not have the right (1) to access through EyeSurf, any materials stored on the Internet, (2) to obtain any refund(s) otherwise due to User, and such refund(s) shall be forfeited, (3) to access third party Services, merchandise or information on the Internet through EyeSurf, and EyeSurf, shall have no responsibility to notify any third-party providers of Services, merchandise or information or any responsibility for any consequences resulting from lack of notification. Miscellaneous User agrees to notify EyeSurf, if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number User supplies to EyeSurf,. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. EyeSurf,'s failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. EyeSurf, may modify this Agreement from time to time. It is User's responsibility to check EyeSurf, 's online website area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately cancel the Service per the terms outlined elsewhere in this agreement. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. EyeSurf, shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of EyeSurf,. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming EyeSurf, as the defendant, shall be proper only in a venue determined by EyeSurf,. In any action between EyeSurf, and User to enforce any of the terms of this Agreement, EyeSurf Canada's Most Inexpensive Internet Service Provider, shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and EyeSurf, with respect to the Service. There are no refunds on any fees, yearly or monthly.
