XII. Terms of Service - Internet
By use of your Execulink Telecom Inc. (Execulink Telecom) Internet account, you are agreeing to these Internet Terms of Service.
1. Introduction
The main purpose of Execulink Telecom's Internet service is to facilitate communication with the various computers, systems and networks that make up what is commonly referred to as "the Internet." It is Execulink Telecom's intention to allow all Execulink Telecom users complete access to everything the Internet has to offer, at their discretion with minimal or no interference. To this end, Execulink Telecom has developed this Terms of Service. This Agreement provides a guide as to what constitutes inappropriate use of Execulink Telecom's Internet access services and to inform Execulink Telecom's customers of what actions Execulink Telecom may take, with or without notice, in the event that Execulink Telecom becomes aware of inappropriate use of Execulink Telecom's service.
Each person or company who uses or purchases the Services is responsible for the activities of its end-users and/or employees and, by accepting such service using Execulink Telecom Services, is agreeing to ensure that its end-users and/or employees abide by this Policy.
Under the Terms and Conditions, Execulink Telecom has the right to terminate
the account of a customer for violation of this Policy, or to take any
other action without notice that Execulink Telecom considers appropriate.
If any service is cancelled due to violation of Execulink Telecom rules
and regulations, no refund will be issued for any monies previously paid
to Execulink Telecom (including Annual payments and "last prepaid
month"), and all monies owed under the terms of our policy will become
due and payable. Complaints about end-users and/or employees conduct in
respect of the Services should be forwarded to abuse@execulink.com for
action.
2. Agreement & Ammendments
This Terms of Service constitutes an agreement between Execulink Telecom and you regarding the provisioning of Execulink Telecom's Services to you and your use of these Services. By using Execulink Telecom's Services, you acknowledge these terms of service and agree to be bound by and adhere to them. These terms of service may be amended from time to time at Execulink Telecom's sole discretion, without notice.
3. Security & Liability
You are responsible for all charges incurred by the use of the login name(s) assigned to you and confidentiality of password(s) associated with the login names/accounts, including ensuring file protections are set correctly. If you lose your password you must contact Execulink Telecom promptly. Execulink Telecom is not liable for any usage and/or charges prior to Execulink Telecom making the necessary account alteration.
a) Access to certain materials through Execulink Telecom’s Internet service:
Execulink Telecom provides a means of access to information that includes information generally available through the Internet, its subsystems and related computers, services and networks; and Execulink Telecom exercises no control whatsoever over the content of the information that can be accessed through its Services. Use of any information obtained through Execulink Telecom's Internet service is at your own risk.
b) Customer requests uncensored information:
By subscribing to Execulink Telecom's Internet Service, you request access to all information provided through the Internet. Certain information that can be accessed on the Internet through Execulink Telecom is inappropriate for minors, and may be offensive to you. Execulink Telecom cannot ensure that inappropriate or offensive material will not be available to you or others, including minors, whom you may allow to access the Internet through your account. Execulink Telecom is not responsible and has no control of the content of any customer's personal website or domain hosted on our servers.
4. Newsgroups/Discussion Forums
In addition to these Policies, while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:
a) Posting advertisements, commercial or unsolicited messages of any
kind, unless expressly permitted by the charter or FAQ.
b) Posting binary or excessively large files of any kind, unless expressly
permitted by the charter or FAQ.
c) Posting substantially identical messages to more than 10 newsgroups.
d) Attaching an excessively long signature to your messages.
e) Forging the headers of your postings in any way.
Newsgroup and forum postings must comply with the newsgroup or forum's
associated charter or FAQ. If a posted message does not fall within the
topic or ideals of the discussion identified by the charter or FAQ, at
our discretion, it could represent an infraction of the Execulink Telecom
Internet Terms of Service. Users posting messages to newsgroups or forums
are responsible for making themselves aware of the rules of conduct, prior
to posting.
5. Internet Relay Chat (IRC)/Chat
In addition to these Policies, while using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:
a) Sending messages that include advertisements or commercial content of any kind in an unsolicited manner.
b) Attempting a Denial of Service attack either automated via a “bot” or manually conducted.
Additionally, while using an IRC Server or Internet Chat Service, you must be in full compliance with the rules and regulations set out by the server administrator.
6. Network/Security
In addition to these Policies, while using your Execulink Telecom account, you are prohibited from conducting activities that include, but are not limited to:
a) Sharing of your Execulink Telecom user account Login and Password
for any purpose, including, without limitation, for concurrent dial-up
login sessions from the same Execulink Telecom user account.
b) Causing an Internet host to become unable to effectively service requests
from other hosts.
c) Running and/or hosting Server Applications including but not limited
to HTTP, FTP, POP, SMTP, Proxy/SOCKS, NNTP.
d) Analyzing or penetrating an Internet host’s security mechanisms.
e) Forging any part of the TCP/IP packet headers in any way.
You are solely responsible for the security of your system and account.
While connected to the Execulink Telecom Service, you are prohibited from
any act, committed intentionally or through negligence, which may compromise
the security of your Internet host in any way.
Violation of this agreement may result in criminal and civil liability. Execulink Telecom will offer full co-operation with law enforcement agencies if their investigation warrants it.
In the event that numerous complaints are received by Execulink Telecom
staff in regards to any breaches of this agreement, at our discretion,
a processing fee per complaint received in addition to an administration
fee may be applied to your account.
7. Web Hosting
Execulink Telecom Web Hosting is provided on an "AS IS" basis without representations, warranties or conditions of any kind, and you acknowledge and agree that Execulink Telecom shall have no responsibility for, or liability in respect of, any aspect of web hosting Services, including without limitation for any lost or damaged data or any acts or omissions of Execulink Telecom.
Execulink Telecom allows one Personal Web Hosting account per individual with a legitimate electronic mail address.
The components and any aspects of the Web Hosting Services, including information and other data you store on the Web Hosting service, may be deleted by Execulink Telecom at any time for any reason or for no reason at all, in Execulink Telecom's sole discretion, with or without notice to you. Execulink Telecom shall have no obligation to maintain any content in your Web Hosting account.
In consideration of the availability, and your use, of the Web Hosting Services, you agree to comply with all applicable laws and are solely responsible for all acts or omissions that occur under your account or password. Further, by submitting a web page to Execulink Telecom, you grant Execulink Telecom a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such web page, and any associated content, for the limited purposes of publishing and promoting your web page in connection with the Web Hosting service and for publishing and promoting such web page elsewhere within Execulink Telecom, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed.
Management of content on customer's website or domain is the responsibility
of the customer.
There is a limit of free disk space per user account. This is the sum
total of all the files your web pages use. Users that go over the allotted
disk space and have not contacted the office to purchase additional space
will be charged the current per MB rate. There is a limit on bandwidth
usage per website. This is the sum total of all the traffic in transit
into and out of our systems. Accounts that go over the allotted bandwidth
of 10GB will be charged the current rate for additional GB per month.
If you wish to terminate your personal web hosting account, your only
recourse is to discontinue your use of the Web Hosting service. However,
you acknowledge and agree that Execulink Telecom may terminate your Web
Hosting account at any time for any reason or for no reason at all, in
Execulink Telecom's sole discretion, without prior notice, or any notice.
8. Electronic Mail
Webmail, and any other email Services made available by Execulink Telecom (collectively "Electronic Mail") are provided on an "AS IS" basis without representations, warranties or conditions of any kind, and you acknowledge and agree that Execulink Telecom shall have no responsibility for, or liability in respect of, any aspect of the Electronic Mail Services, including without limitation for any lost or damaged data or any acts or omissions of Execulink Telecom.
Execulink Telecom’s web based email, known as “Webmail” is provided to individuals and for personal use only. You acknowledge and agree that you may use this Electronic Mail service to send and receive personal messages only. Any unauthorized commercial use of Execulink Telecom’s Webmail service, or resale of the Webmail service is expressly prohibited. The amount of Webmail email storage space is limited. Some Webmail email messages may not be processed due to space constraints or outbound message limitations.
The components and any aspects of Electronic Mail, including email, information and other data you store on any web based email service, may be deleted by Execulink Telecom at any time for any reason or for no reason at all, at Execulink Telecom's sole discretion, with or without notice to you. Execulink Telecom shall have no obligation to maintain any content in your email account or to forward any unread or unsent messages to you or any third party.
In addition to other prohibited conduct described herein, you may not use the Electronic Mail service to post, transmit or otherwise facilitate the creation or distribution of chain letters, junk email, spam or any duplicative or unsolicited messages, surveys, contests or pyramid schemes. Further you may not forge headers or otherwise manipulate any identifiers serving to disguise the origin of any content transmitted using the Electronic Mail service.
If you wish to terminate your Electronic Mail account, your only recourse is to discontinue your use of the Electronic Mail service. However, you acknowledge and agree that Execulink Telecom may terminate your Electronic Mail account at any time for any reason or for no reason at all, in Execulink Telecom's sole discretion, without prior notice, or any notice.
Any unread e-mail left on the server for more than three (3) months will
be automatically erased by our system. As well, e-mail that has been read
and left on the server for over one (1) month and single messages over
1 Meg in size that have been on the server for more than one (1) month
will automatically be removed from the mail server. Using an e-mail box
as a storage space for data is strictly prohibited.
In addition to these Policies, while sending electronic mail, you are
prohibited from conducting activities that include, but are not limited
to:
a) Transmitting identical or substantially similar unsolicited email
messages.
b) Promoting or facilitating the transmission of unsolicited email messages.
c) Attaching an excessively long signature to your messages.
d) Forging the headers of your email messages in any way.
e) Sending messages to disrupt or cause difficulties in receiving other
email.
Customers who maintain bulk "opt-in" email lists must have a method of confirmation of subscriptions and be able to provide that information as evidence when requested by Execulink Telecom. At our discretion, if no such evidence is available, messages could be considered as unsolicited.
Execulink Telecom's filter updates for SpamGuard and VirusGuard are kept
current, however no product is 100% effective. Execulink Telecom cannot
be held responsible for any penetration of spam, viruses, worms, trojans,
or any other email threat.
9. User Pay Services
Certain of the Services made available over the Internet, including but not limited to iPass, e-Learning, ExecuRoam, Canada-wide Access; may be offered by Execulink Telecom on a payment basis (hereinafter referred to as "User Pay Service"), which User Pay Service may be offered by Execulink Telecom on a "prepaid" or on a "pay as you use" basis. You agree to pay all the fees applicable to such User Pay Service you incur through your account, including any fees associated with the use of such User Pay Service together with all applicable taxes (the "Fees"). User Pay Services are non-refundable. Execulink Telecom reserves the right to change the amount of, or basis for determining, any Fees for a User Pay Service, and to institute new Fees or terms at any time.
10. Execulink Telecom Domains
By registering or pre-registering for a domain name through Execulink Telecom, you are creating a separate contractual relationship between you and the independent domain issuing company. You agree that you, and not Execulink Telecom, are responsible for all fees, liability, and obligations in connection with that relationship and any domain name you register or pre-register using any service.
The Customer is responsible, and obligated to register and renew domain(s) to ensure, that hosting can be maintained throughout the Service Term. The Customer is responsible in maintaining the WHOIS information that it is accurate, valid, and up to date as it relates to their domain.
Execulink Telecom will, on a best efforts basis, inform the Customer
that their domain is coming near its expiration date. The Customer will
not hold Execulink Telecom liable for the expiration of their domain.
If Customer’s domain does expire, Execulink Telecom will not be
liable to the Customer because of such expiration or termination for any
compensation, reimbursement or damages on account of the loss of profits
or sales (anticipated or actual), goodwill or on account of expenditures,
investments, leases or commitments in connection with the Customer’s
business, or for any other reason whatsoever from such expiration.
11. Dial-up Access
"Unlimited Access" is defined as access to the Internet 24 hours a day, 7 days per week, subject to availability. This does not imply "continuous", "dedicated", or "unrestricted" access to the Internet. An average of 12 hours per day is considered acceptable or 372 hours per month. With a dial-up "unlimited access" account, the subscriber is required to be working at the computer while connected to the Internet. This means that you cannot use any tools or software to keep your connection alive while you are not actually using your computer.
All unlimited access dial-up subscriptions are for single session use only. Multiple connections from the same account concurrently are not permitted. Dial-up Access sessions should be terminated when not in use to reduce the contention on the network and ensure access is available to other Customers. Dial-up Access sessions may be restricted or service continuity effected when necessary during prime time peak demand periods for a very small minority of Customers.
12. DSL Modem Warranty
a) Rental: Execulink Telecom will replace faulty modems at no charge to the customer. See Execulink Telecom Owned Equipment Lease Agreement, outlined below.
b) Purchase – NEW: Within 30 days from time of purchase, exchange
only, no refunds. Within 12 months from time of purchase, Execulink Telecom
will replace a faulty modem at no charge. This warranty is void if the
customer is found to be at fault for the defective modem.
After 12 months from the time of purchase, the purchaser is responsible
for replacement of the modem as the warranty with Execulink Telecom is
no longer valid.
c) Purchase (Rental Buy out) – Used (as is)
Within 30 days from time of purchase, Execulink Telecom will replace a
faulty modem at no charge. After 30 days from the time of purchase, the
purchaser is responsible for replacement of the modem as the warranty
with Execulink Telecom is no longer valid.
13. Execulink Telecom Owned Equipment Lease Agreement
This Agreement is entered into by and between Execulink Telecom Inc, hereinafter called Execulink Telecom, and the Customer, hereinafter called the Lessee.
WHEREAS, Lessee desires to lease certain equipment listed below from Execulink Telecom and WHEREAS, Execulink Telecom desires to lease the equipment to the Lessee. Now therefore, both parties agree as follows:
a) Lessee will give the equipment left in its custody the same care provided
to similar property of its own.
b) Execulink Telecom will be responsible for replacement of equipment
that may fail as a result of normal wear.
c) Lessee shall insure the equipment for all risks from the time it is
removed from Execulink Telecom until it is returned.
d) Equipment shall remain in the possession of the lessee for the period
of time that the Lessee requires equipment in order to receive Internet
Access.
e) In exchange of the use of the equipment, the Lessee agrees to compensate
Execulink Telecom by subscribing to access at the rates as posted by Execulink
Telecom from time to time until the equipment is returned.
f) Lessee, shall at its cost, return the equipment upon termination of
service to Execulink Telecom.
g) Lessee will be liable for the full value of the equipment if it is
not returned in working condition immediately upon termination of account.
14. Wireless High Speed Internet Terms of Service
a) Additional Installations and Changes: Service charges for new installations, moves or other changes, translation changes or other changes to the Services included in this Execulink Telecom Service Agreement will apply as specified by Execulink Telecom.
b) Termination Charges: Termination charges for this Service are an immediate payment of present value of the charges applicable for the unexpired portion of the contract period. Termination charges are waived if the customer subscribes to another Execulink Telecom Service Agreement or service from Execulink Telecom which provides service or its equivalent, of equal or greater value than the value of the unexpired portion of the minimum contract period.
c) Renewal: Upon the expiration of the contract period, the customer will be deemed to have agreed to commit to another immediately succeeding contract period of equal duration, and for an equal minimum monthly commitment level unless the customer has agreed to a contract period of a different duration and/or commitment level, or the service subscription has been terminated. Proper and adequate notification of 60 days prior to the end of the contract must be given in writing for all requested account changes.
15. Traffic Management
Execulink is committed to ensuring the best possible online experience for all our valued customers. To accomplish this goal, we use a variety of traffic management techniques that have evolved as the Internet has grown. We manage the network to limit spam, viruses and other security threats.
Execulink manages some traffic associated with certain P2P(peer-to-peer) file sharing protocols. We use packet inspection to determine the type (but not the content) only. High-volume, low time-sensitive traffic (such as P2P file sharing) is limited to ensure all customers on the network have a high quality of service for time-sensitive tasks like sending email, requesting web pages, video and voice applications. While P2P file sharing is being managed an increase in transfer time may be experienced.
Execulink does not use packet inspection for individual monitoring. We do not examine packet content, or use the information for any other purpose than traffic management.
Execulink does not manage streaming, voice over IP (VOIP), browsing or VPN applications. We do not block any protocols, content or traffic for the purposes of traffic management.
Execulink does block or limit certain types of traffic or activity to protect network integrity and the security of our customers. These include, spam, viruses, malware, denial of service attacks and other malicious activities.
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