This Agreement is between you as an individual, partnership, corporation, association, or any combination thereof (hereinafter referred to as “Customer”), and Northern Atlantic, at 315-3219 Yonge Street, Toronto, Ontario M4N 2L3 (hereinafter referred to as “NORAT”).
EFFECTIVENESS, TERM AND RENEWAL
This Agreement shall continue until cancelled by either party within thirty (30) days of written notice.
NORAT reserves the right to modify its Terms and Conditions and Acceptable Use Policy (AUP) at any time, effective upon posting of the modified Terms and Conditions and/or AUP online to this URL: http://www.norat.com/terms-and-renewals/
NORAT reserves the right to immediately terminate this Agreement, without notice, if Customer violates any portion of the Acceptable Use Policy (AUP).
Use of NORAT services constitute, on the part of the Customer, acceptance of, and agreement to abide by, these Internet Services Terms and Conditions, NORAT’s Acceptable Use Policy (AUP) and the Terms and Conditions of Purchase included with the initial NORAT invoice. The Terms and Conditions of Purchase and AUP are attached to, and incorporated into this Agreement.
PAYMENT AND CHARGES
Internet Services may be prepaid by Visa, MasterCard, or Cheque, or billed with payment terms stated on the invoice.
Invoices for Internet Services are issued and payable in advance for the term of the service. Invoices not paid within ten (10) days of the due date are past due.
Internet services are subject to suspension, (LOCK-DOWN), for any account twenty- (20) days past due and become subject to a re-activation fee and payment by credit card.
LOCK-DOWN renders a web site non-operational. Visitors to the site are informed that the site is temporarily unavailable. In addition, the customer will be unable to download or upload and all email will be returned to sender as undeliverable.
Failure to pay within ten (10) days following LOCK-DOWN (30 days past due) may result in the termination of the account.
LIMITATION OF LIABILITY
NORAT exercises no control whatsoever over the content of the information passing through its network. NORAT makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. NORAT will not be responsible for any damage the customer suffers. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence or the customers’ errors or omissions.
Use of any information obtained via NORAT’s network is at the customer’s own risk. NORAT specifically denies all responsibility for the accuracy or quality of information obtained through its services.
IN NO EVENT SHALL NORAT BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF NORAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NORAT SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THESE SERVICES.
Customer shall indemnify, defend and hold NORAT harmless, its directors, employees, affiliates and agents from any action brought against them by any third-party in connection with this Agreement, from any claims resulting from the use of the service by the Customer or any of their employees or agents or others.
Customer shall pay all damages and reasonable attorney fees arising as a result of Customer’s use or misuse of any rights granted herein.
GENERAL AND NORAT RIGHTS AND REMEDIES
Upon termination of an account, NORAT is authorized to delete any files, programs, email messages and data associated with such account without notice.
Neither NORAT nor its affiliates shall have any liability for any such responsive actions. The above-described actions are not NORAT’ exclusive remedies and NORAT may take any other legal or technical action it deems appropriate.
NORAT reserves the right to investigate suspected violations of the AUP, Terms and Renewals, and/or Billing Policy, including the gathering of information from the parties involved and the complaining party, if any, and examination of material on the NORAT network. During an investigation, NORAT may suspend the account(s) involved and/or remove material that potentially violates that Policy.
Customer hereby authorizes NORAT and its affiliates to involve and cooperate with (a) law enforcement authorities in the investigation of suspected criminal violations, and (b) system administrators at other Internet Service Providers or other network or computing facilities in order to enforce the AUP. Such cooperation may include NORAT providing the user name, IP address, or other identifying information about a customer.
The failure of NORAT or its affiliates to enforce the terms of this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
The Customer agrees that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Customer consents and unconditionally submits to personal jurisdiction of the Ontario Provincial Courts and waives any special treaty or legal requirements providing for restrictions upon such jurisdiction and on service of process.