100 Mile NetShop Ltd.

Introduction

The Internet is a world wide data communications network. Use of this network implies that you agree to abide by certain rules and laws designed to protect everyone, just like driving a car implies that you'll abide by the traffic laws. If you break the law while on the net authorities will want to talk. If they suspect you have broken the law they will want to talk to us to gather evidence against you. We dislike it when that happens. So read this stuff, it is here to protect everyone. There are also a number of etiquette items that users should be aware of, some we rigidly enforce, some not. If you know your rights and obligations then you will know when you see a problem and we want you to call us if you think you see a problem.

This Acceptable Use Policy (aup) defines the Terms of Service for Customer usage of 100 Mile NetShop Ltd.'s Internet Services. It is designed to inform you, The Customer, of your and our rights and obligations concerning Internet usage. Adherence to this AUP allows us to provide you with trouble free, high speed, high availability Internet access with a minimum of trouble and hassle. Any subscriber or customer who violates or abuses this AUP will be subject to account termination with associated deletion of all personal files stored on our servers and may be subject to damages, penalties or prosecution.

Warranties and Disclaimers

If you don't read any more of this contract at least read this section. Either you'll sign for having read and agreeing with all of the terms or by simply accessing the Internet Service, you agree to be bound by the terms and conditions. So, you should read it all, but this section pretty much says it all, "Its Not Our Fault", "Don't Blame Us", "You can't Sue Us" etc. etc.

In the event 100 Mile NetShop Ltd. is found liable under any circumstance under the terms of this agreement, 100 Mile NetShop Ltd.'s liability shall be limited to the unused balance of Customer's subscription payment pro-rated to reflect the current term.

100 Mile NetShop Ltd. provides Internet Service "as is" with no guarantees or warranty of any kind. We will not be held financially liable to any Customer or Subscriber for any harm that may occur through the use of our services and equipment or inability to use our services or equipment regardless of whose fault such harm may be.

If a Customer is dissatisfied with the Internet Service or with any terms, conditions, rules, policies, guidelines or practices of 100 Mile NetShop Ltd. in operating the Internet Service, Customer's sole and exclusive remedy is to discontinue using the Internet Service.

Why Have an Acceptable Use Policy?

Ensure security, reliability and privacy of 100 Mile NetShop Ltd.'s systems and network, and the networks and systems of others

Avoid situations that may cause 100 Mile NetShop Ltd. to incur civil liability

Maintain the image and reputation of 100 Mile NetShop Ltd. as a responsible provider

Preserve the value of Internet resources as a conduit for free expression

Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services

Preserve the privacy and security of individual users

Security

If you don't want someone else reading your data don't send it over the Internet. If you don't want someone else knowing what you do on the Internet don't do it. If you never want your system to be hacked, cracked, infected by a virus or blow up in a ball of flames don't connect it to the Internet. There are bad guys out there and they delight in making trouble for others, some people just want you to be as miserable as there are, expect it and guard against it. Encrypt sensitive data, install and maintain up to date Virus Protection and personal firewalls. Like the truckers say "Tarp That Load".

100 Mile NetShop Ltd. does not guarantee the security of any communication or use of our services. Information transmitted over the Internet should be considered viewable by the public. There is no truly secure method of transmitting data on the Internet. The Customer is responsible for the security of his/her computer and computer data as well as transmitted data

Personal Files

Make sure your data is backed up. Check your e-mail periodically. Watch for periodic maintenance outages. We make every effort to secure and keep your data safe but sooner or later bad things happen. You are responsible for your personal stuff wherever it is.

100 Mile NetShop Ltd. is not responsible for back-ups of personal files, e-mail or web sites and we retain the right to delete such files following termination or cancellation of service.

Non-transferability of Account

Account Sharing and Multiple Simultaneous logins are strictly prohibited. Customer may not have more than one login session per account at any time. Customer may not transfer, sell, rent, lease or give away their Dial-Up account password for use by others.

Network Address Ownership

You do not own your ip Address. Hey, for that matter we don't own it either.

Any IP Address' assigned to Customers are considered "On Loan" and are not permanent, sold or given.

Compliance With All Laws

Don't break any laws on the Internet and if you do you can't blame us for it.

Customer will not violate any local, state, international or federal laws while using the services of 100 Mile NetShop Ltd. and customer will hold 100 Mile NetShop Ltd. harmless in any claim against Customer for violating any such laws.

Unacceptable Conduct

Respect the rights of other users of the Internet. Follow The Golden Rule, Do unto others as you would have others do unto you. We have the right to undo you before you do unto others if you abuse this rule. This stuff is generally not something you would do by mistake during casual use. Crackers will not be tolerated. If you are a hacker you know this stuff, know then that our IDS will log your activity.

Engaging in or performing items considered, as "Unacceptable Conduct" will result in immediate account termination, possible legal action and will be reported to applicable law enforcement agencies. These items encompass any activity which would be considered harassment, interference with network operations, privacy violations or any attempt to use our services in a manner which would be harmful to others. These items include but are not limited to; USENET abuse, excessive posting, unsolicited e-mail (spam), mail bombing, participating in chain letters, harassing, impersonating, privacy violations, falsifying information, use of irc bots, interfering with normal network operations, network-unfriendly activity, hacking, cracking, snooping, probing, intentional use of virus' or trojans (as in trojan horse, not as in Trojan the brand name), attempts to gain unauthorized access or using our services to perform such activities from a remote location.

What is Spam?

Right to Disconnect Non-dedicated Accounts

Non-dedicated services are for temporary use, don't tie up a dial-up line if you aren't using it. If you have to check your mail every ten minutes then dial up every ten minutes and hang up, your computer can do this automatically. If you need 24 hour, dedicated access, You CAN Get There From Here, call us.

Non-dedicated Dial-Up connections will be disconnected automatically after 15 minutes of no activity (idle-time out) and the session will be terminated after 10 continuous hours of connect time (session-limit). Connections are provided as dedicated and non-dedicated accounts. Dedicated and Non-dedicated accounts are metered and based on your subscription plan. If your usage is above your subscription plan, you will be billed at an hourly rate (overtime).

Excess Utilization of Network Resources

Don't be a bandwidth hog. Play nice, share. You share our resources and bandwidth with several hundred other users so please be considerate of them. If you can't share we can choke your bandwidth to prevent you from adversely affecting others.

Customer may not use more than his/her "fair share" of network resources. Customer will be notified and warned of occurrences of overuse or abuse. Continuous abuse or overuse will result in us placing limiters on your bandwidth, billing for excessive usage and may result in account termination. "Fair Share" is defined as 3 GB.

Connecting Servers or Resale of Service

Your Internet Service is designed and provided for your use as a user or 'client' not as a provider or 'server'. If you need to connect a server let us know, 'You Can Get There From Here', we have solutions for that. Before you attach a computer give us a call, we are pretty cool about this as long as we know. We pay big bucks for the resources we sell and we hope to make a profit on those sales. We watch our bandwidth and buy more when we need to. If you need the bandwidth to operate a server then you need to pay your fair share. Don't even think about reselling our bandwidth, we call that 'theft' and violators will be persecuted.

Customers may not connect any data server, remote access server or network extending device to any dedicated or non-dedicated connection without written consent. We reserve the right to scan for and filter the connection of any server processes or daemons. Data Servers include, but are not limited to, http, FTP, vpn, IRC, nntp, smtp, POP, ASP, napster and Game Servers. Remote Access Servers include, but are not limited to, Modems, Modem Banks and csu/DSUs. Extension Devices include, but are not limited to, Bridges, Routers, cables or any device that extends our data service beyond the immediate customer premises. Customer may not resell, rent, lease or give away any 100 Mile NetShop Ltd. network service or bandwidth.

Uploading Objectionable Content

Do not confuse upload with download, this section refers only to uploads or sending out data. Download to your hearts content, upload with care and respect. We respect and defend your freedom of speech but we don't want our services to be censored, blocked or subjected to legal action because of Customers sending out (uploading) objectionable or illegal content. We only allow hosting of content that we deem appropriate and we decide what is appropriate and what is not. Basically our servers are Rated "G". We won't host pornography, hateful or harmful content on our system. We don't care what you look at, read or download but we won't tolerate uploads of illegal or objectionable content. If you want to host such things give us a call we'll refer you to a host who allows that sort of stuff.

100 Mile NetShop Ltd. reserves the right to monitor content of any data server utilizing an IP Address that we administer, provide dns for or is directly attached to our system. We reserve the right to delete from our servers, content that we deem objectionable. We reserve the right to filter, block and/or terminate service of Customer accounts which upload content that we deem objectionable. Objectionable content includes but is not limited to dislike content, abusive racial content, abusive religious content, pornographic content, illegal content, hacker/cracker content, virus infected content, trojan infected content or any content which may cause harm to others.

Monitoring and Privacy

100 Mile NetShop Ltd. respects and defends our Customers privacy. We won't intentionally invade your privacy and won't tell anyone anything about you. During the normal course of administering the system we may see things that we shouldn't, we will promptly forget we saw those things. Look at it like this, if we couldn't be trusted with your privacy it's doubtful that we would still be in business. Privacy is our number one concern and it should be yours also.

Except for the normal course of system administration and security we do not monitor or log communications or activity. We do not monitor or backup e-mail or personal files. We will not provide any Customer information to any individual or entity without the expressed, written permission of the Customer. We do not sell or give away e-mail address' or account information.

Cooperation with Authorities

If Authorities request our help in tracking down a problem we'll probably help them out. If we don't help they would just flash some legal paper work and force us to let them look over our stuff anyway so why bother fighting them? We don't want problems that you cause giving us any trouble.

100 Mile NetShop Ltd. will cooperate with Authorities in matters concerning illegal activities and transactions by providing said authorities with access to system logs and Customer files which may provide information or evidence pertaining to illegal activity.

Right to Suspend or Cancel Accounts

Use of our service and equipment is not a right, we are a private entity and as such are not regulated by the government (thank God) and are not required by law to provide service. If we need to terminate an account or connection we will.

100 Mile NetShop Ltd. reserves the right to Cancel or Suspend any account for any reason without prior notice.

Failure to Pay, Late Payments, Refunds and Payment Methods

You have to pay for your usage! Accounts are due and payable on your anniversary each month. If you don't pay we won't let you play. We submit late payments to a collection agency and those guys are really hard on your credit so if you have a problem paying your bill give us a call. If we suspend your account a prompt payment will get you back on line, if we terminate your account you have to pay a re-connect fee. We dislike it when this happens too, that's why we have yearly plan's with extra hours. Accounts in default are subject to an interest charge of 10% per month (18% per annum) on the outstanding balance. Termination of Service shall not relieve the Customer from the obligation to satisfy outstanding invoices.

A Customer can receive invoices for service on a monthly or yearly basis, as requested by Customer, via e-mail to the account stipulated by Customer or by logging into the secure site to look at the status of their account. Invoices can be printed out from here. Payment is due on or before the of date of renewal. Failure to pay within 7 days will result in account suspension. Failure to pay within 30 days will result in account termination and referral to a collection agency. Customers are responsible for any charges incurred by the collection of overdue payments. The customer is responsible for informing us of change of contact information, e-mail address or phone number. Refunds from cancelled accounts will be available on a monthly pro-rated basis not to include any discounts received for pre-payment.

Credit Card Customers agrees to allow 100 Mile NetShop Ltd. to bill his/her card on each successive billing date with obtaining the Customer's permission after the initial charge. If the card is not honored for any reason, 100 Mile NetShop Ltd. will attempt to notify the card holder by using the telephone information given at sign up or by e-mail. 100 Mile NetShop Ltd. will contact the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a re-connection fee.

If payment is by cheque, payment due dates are indicated on the Customer's invoice. Dishonored cheques are subject to a collection fee to be determined by 100 Mile NetShop Ltd. In it's sole and absolute discretion the Customer's account may be suspended including E-mail services, until the account is current. If payment is not received, service will be terminated and a re-connection fee will be added to charges for additional Service.

100 Mile NetShop Ltd. reserves the right to change prices at any time without prior written notice to it's Customers or the public. Price changes will not be retroactive for existing Customers, regardless of the length of their existing service subscription.


If you have paid in advance and terminate use before the end of your contract to transfer to another ISP, there will be no money refunded.


Rights to Damages

If you do something that damages us we won't be happy. Our lawyer makes a bunch of money if we have to set him on you so don't make us do that, we dislike it when that happens.

100 Mile NetShop Ltd. reserves the right to claim economic damages from Customer should he/she violate this AUP and cause significant economic harm.

Right to Modify Service

We can and will change this document from time to time. Things change, if you don't like it you can cancel your account. But we're not stupid, call us first, we'll negotiate.

100 Mile NetShop Ltd. reserves the right to change or modify this AUP at any time with or without notification to the Customer or public.

Privacy Statement

The Employees of 100 Mile NetShop Ltd. respect and defend our clients privacy and personal rights. We do not censor, monitor, log or backup Internet or e-mail content. We do not provide customer information to any individual or entity without written customer consent. We do not sell or give away client e-mail lists. We do not provide passwords or e-mail addresses via e-mail or unsolicited phone calls. We do log connect times for the sole purpose of billing. Server error logs are monitored as a normal activity for server maintenance. E-mail logs consist only of To and From connection information, not mail content. Proxy Server content is not monitored and is periodically flushed. We will not release our logs for any reason other than tracking of criminal or hacker activity. If client requests their current or a new password 100 Mile NetShop Ltd. will require verification, usually by call back to the client, utilizing the phone number on record, provided at time of sign up or via snail mail.

Virus Scanning

100 Mile NetShop Ltd. offers Virus Scanning to it's email customers on a pay per email account basis for only $2.35 per mailbox per month. The system will check your emails for viruses before they reach your mailbox and have the chance to do damage to your valuable data and equipment. We also offer discounted rates for subscribers with multiple email addresses.

The system blocks about 99.8% of the incoming viruses, 100's of incoming viruses on a normal day. This number increases drastically during serious virus epidemics.

Terms of Service: While the virus scanning service does offer excellent protection against email transmitted viruses, no system is completely effective.
For example, this email virus scanning service will NOT block viruses transmitted through other email providers, such as hotmail or Yahoo Mail, or File Transfers from any source, including icq or Instant messaging, scan encrypted files or attachments.

Due to these uncontrollable factors, we cannot guarantee 100% protection against virus attacks, nor can we accept responsibility for damages resulting from viruses received while subscribing to this plan.


INTERACTION WITH 100 MILE NETSHOP or BCWIRELESS STAFF
Any threat, vulgar language or harassment directed at any 100 Mile NetShop Ltd. staff member through phone call, email or in person may result in immediate termination of an account. Any violation of this policy towards an employee, contractor or third party programmer of 100 Mile NetShop Ltd. or BCWireless Ltd. should be reported immediately.


To Be Signed If Having A Domain Host By 100 Mile NetShop Ltd.

I have reviewed this foregoing document and agree to comply with the 100 Mile NetShop Ltd. "Acceptable Use Policy" and would like to enter into an agreement with 100 Mile NetShop Ltd. to design and host a commercial website for my business.

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Signature/Date

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Name of Business/Telephone