Internet Subscriber Agreement
THIS AGREEMENT is made by and between "Zeuter", Zeuter Development Corporation of Box 225, Parry Sound, Ontario, CANADA, P2A 2X3, and "Subscriber", the entity or individual using the service as indicated on the Internet Access Agreement or Online Signup Form.
Subscriber is permitted to access one account at one time for each account paid for and subscribed to with Zeuter, which shall have such rights, privileges and access to services as are determined from time to time to be available for each such account of that class of subscription with Zeuter. Subscription shall commence on the date that the account is established by Zeuter and does not require that the Subscriber has either paid in advance for the service or accessed the service. Access is defined to mean a connection between Subscriber's host computer and modem (or access device) and Zeuter using public switched telephone service or public (or private) data networks. Subscriber is responsible for providing, operating and maintaining the cabling, computer hardware and software necessary for Zeuter's service. Subscriber is responsible for dialup costs and local access. Usage of Zeuter's services is measured in one (1) hour increments, rounded upwards, over the calendar month. If Subscription is paid for in one month increments, no pro-rating of the term for cancellation by Subscriber is allowed.
Subscribers understands that payments are to be prepaid on the first day of the first month of each payment term and that an account with a past-due balance is subject to a finance charge of 2% per month. Subscriber understands that service may not be operational if a past-due balance accrues and collection fees including legal fees and related costs are the responsibility of the Subscriber in the event of non-payment of the past-due balance. Further Subscriber understands that a service charge of $35 will be applied to the account of the Subscriber in the event of a returned payment.
Renewal and Termination:
This Agreement shall automatically renew for successive monthly or annual terms, corresponding to the term indicated on the reverse, unless Zeuter terminates the Agreement, or unless Subscriber gives notice of termination of Subscription by giving notice through electronic mail, or by registered postal mail, to Zeuter at least 30 days in advance of termination. Subscriber acknowledges that Subscription with Zeuter is a contractual relationship and that Zeuter may terminate Subscription at its sole discretion. Notwithstanding the termination of this Agreement, Subscriber agrees to pay all outstanding invoices and any charges incurred during the term of this Agreement, and any charges that may occur as a result of termination.
Subscriber will not loan, assign, sell, transfer, rent, lease or licence the use of Subscriber's account or Subscriber's Subscription on Zeuter's service to any other individual or entity. Subscriber may not release or duplicate software containing or revealing Subscriber's username or password. Subscriber agrees that the use of an alias, of another individual's or entity's account to post messages, or multiple accounts for which Subscriber has not subscribed, is grounds for termination. Subscriber agrees to indemnify and hold Zeuter harmless against any claim arising from Subscriber's use of Zeuter's services which causes damage to any third party. In particular, Subscriber acknowledges that Subscriber has full civil and criminal responsibility for the content of each message posted by Subscriber, and Subscriber's Subscription will not be used to transmit or store material in violation of the laws of any Canadian province or territory, or any federal law of Canada, including but not limited to laws dealing with copyrighted material, intellectual property, harassment, threatening or obscene material, or material otherwise prohibited by law. In the event that Subscriber posts message(s) or file(s) whether to public or private conference forums, conferences or newsgroups, or through private electronic mail that may be in violation of any of the laws referred to above Subscriber agrees that Zeuter may remove such message or file, and such posting is grounds for termination of Subscriber.
Zeuter's services are available to everyone, subject to payment of the requisite fees for Subscription. Zeuter will not tolerate discrimination, harassment or the posting of messages which contain sexual advances, comments or other communications that create malicious, intimidating or otherwise offensive environment. Zeuter reserves the right, in its sole discretion, to withhold or remove any posting or file that may expose an individual, entity or group to ridicule, embarrassment or defamation, or appears to be unlawful in any manner. Where Zeuter determines that Subscriber has violated the stated policy, Zeuter may terminate Subscriber's account. Zeuter has no control over the materials available to Subscriber on the Internet. Zeuter recommends strict parental guidance over Internet Access where minors are involved.
Zeuter provides Internet Access on an "as is" basis and makes no warranties of any nature or kind, expressed or implied, regarding the service provided by Zeuter, or the continued operation of Zeuter as a service, the equipment and facilities used and their capabilities. The total liability of Zeuter shall be limited to the amount paid by Subscriber for the Subscriber's Account less a proportional amount respecting usage in the time period for which Subscription has been paid for a given term.
From time to time, at the sole discretion of Zeuter, Zeuter may opt to match a published competitive quotation for Internet Services. In this event, Zeuter may inherit any competitive limitations as published by the competitor. In the case of so-called "Unlimited" usage, only one computer may connect at one time using one modem. No sharing of the account is permitted, no multilink service and you must dial into our published dialup numbers as shown on the sheet entitled "National Internet Dialup Numbers & National Roaming" which is freely available from us upon request. While there is no overtime charged for "Unlimited" use, at the sole discretion of Zeuter you may be subject to a charge of $1 per hour plus HST if there is multiple use or sharing as defined above or dialup to a non-published Zeuter access number.
Telephone support is available only for customer signup and initial setup or for technical support for active paying clients in the event that they cannot establish a connection or email for help. Calls for any other purpose, including without limitation, hangup calls, account inquiries and dialup number lookup, may be billed at $5 + HST per call at the sole discretion of Zeuter.
This Agreement shall not be assigned by either party without prior written consent of the other party. This Agreement shall be construed according to the laws of the Province of Ontario and of Canada, including its choice of law. If this Agreement is translated into any other language, this English language version shall be controlling. If any term or condition of this Agreement is found to be invalid or unenforceable, the remaining terms and conditions shall still be considered valid, enforceable and binding.
Subscriber shall promptly inform Zeuter of any change in name, address, phone number or information used for payment of fees to Zeuter, such as credit card numbers, expiry dates and/or bank account numbers. A notice hereunder shall be effective for all purposes when delivered personally to Zeuter, when faxed to Zeuter, when emailed to email@example.com or when placed in the mail, addressed to Zeuter with postage prepaid.
Subscriber certifies that all information submitted to Zeuter Development Corporation is complete and true in all respects. Subscriber has read and understood and agrees with the Terms and Conditions of this entire agreement with Zeuter Development Corporation. Subscriber hereby authorizes Zeuter Development Corporation to obtain credit information about Subscriber and/or the employer of the Subscriber, from any source.
This Agreement together with the Internet Access Agreement or Online Signup Form is the entire agreement between the parties and it is expressly agreed that there are no understandings or agreements between the parties hereto except those set forth herein. This Agreement may be modified from time to time by Zeuter. Any such changes may be viewed online at http://www.zeuter.com/zeuter/isa.htm. For information on Intellectual Property belonging to Zeuter Development Corporation, please refer to http://www.zeuter.com/zeuter/legal.htm. You may view our Privacy Statement online at http://www.zeuter.com/zeuter/privacy.htm
Zeuter Development Corporation
Box 225, Parry Sound, Ontario, CANADA P2A 2X3 Tel/FAX (705) 746-4625
Copyright (C) Zeuter Development Corporation, 1993-2011. All rights reserved. 060711