Internet Service Agreement – Terms and Conditions

Niagara Wireless Internet Company – NWIC Inc. provides its subscribers with access to the Internet only on the terms and conditions set forth herein.

Your use of the NWIC network constitutes acceptance of the following terms and conditions.

SERVICE

NWIC Inc. (Provider) agrees to provide Internet Access Service (Service) to you (Customer) for Customer’s own private use. The Service provided cannot be re-sold, freely distributed and shared or any such use without the written consent from NWIC Inc. NWIC Inc. reserves the right to terminate the Service if Customer violates such restrictions. Use of the Service must conform to the restrictions associated with the Customer’s account and as set forth herein. NWIC Inc. reserves the right to immediately terminate the service of any Customer who intentionally jeopardizes or attacks the systems, uses it to attack or injure others or their systems, for illegal or prohibited purposes.

INAPPROPRIATE USE

Customers who violate the NWIC Network or any other system/network security may incur criminal and/or civil liability. NWIC Inc. will cooperate fully with the investigation of violations of system/network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Attempting to obtain other subscribers' computers, network, IP address is strictly prohibited, and may result in termination of service. Subscribers may not attempt to circumvent user authentication or security of any host, network or accounts. This includes, but is not limited to, accessing data not intended for the subscriber, logging into or making use of a server or accounts you are not expressly authorized to access, or probing the security of the NWIC network or any other network. The usage or distribution of tools designed for compromising security, scanning and probing networks, password cracking tools is prohibited.

SPAMMING

Spamming is the sending of unsolicited e-mails. NWIC Inc. will not tolerate any type of spamming. Internet service of a spamming customer will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of service due to spamming. Termination is also subject to the terms of “SERVICE CANCELLATION” set forth herein.

ONLINE CONTENT

 Customer is responsible for any information which it places or accesses on the Internet or which it uses through the Service. Customer is solely responsible for the legality of any such information or the access or use thereof and for choosing to read or view any material it accesses on the Internet. NWIC Inc. expressly disclaims any and all liability from all claims for damages arising out of, or claimed to arise out of, any such material. The Service may only be used for lawful purposes. Customer is solely responsible for determining the legal status of any intellectual property it uses or duplicates using the Service.

INSTALLATION

The customer authorizes NWIC Inc. or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the customer’s premises may require addition costs in equipment and wiring not provided by NWIC Inc. Any requests for custom installation work will require additional charges by our contractor(s). NWIC Inc. and its contractor(s) will not be liable for any alterations to customer’s premises that result from the installation or removal of the SU/CPE and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.

OBSTRUCTIONS

Wireless Internet communications is dependant on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). NWIC Inc. will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. NWIC Inc. will make every reasonable effort to relocate or realign the SU. However NWIC Inc. cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.

CUSTOMER PREMISE EQUIPMENT

NWIC Inc. is not responsible for maintaining or supporting any equipment owned by the customer, and is not liable for any damages to Provider equipment at the Customer premise from natural causes, accidental or intentional causes. Any damages to the Provider equipment during or at the completion of the Service will result in a replacement fee of $500 or more to you the Customer.

DAMAGES

In the event of loss or injury to service, data and/or physical property of any kind under any circumstance, including accidental or intentional act by employees, vendors, agents or others of NWIC Inc., or as a result of such actions by others; Customer’s sole remedy is for refund of the Service charges in which the loss or injury occurred.

FEES AND BILLING

Customer's billing period begins on the first day of service and the first of each month there forward. Unless otherwise stated each invoice is required to be paid by the billing date. If accounts become 30 days overdue they will be charged interest at the rate of 2% per month, and accounts more than 60 days overdue may be suspended. Accounts more than 90 days overdue may be cancelled and sent to collection. All payments and correspondence are to be made to:
NWIC Inc., Box 927, Beamsville, ON, L0R 1B0

Dishonored or NSF checks and/or auto withdrawals declines will be subject to a $25 fee (plus collection costs, if applicable). NWIC Inc.  does not redeposit returned checks nor retry auto withdrawals.

DISRUPTION OF SERVICE

NWIC Inc. assumes no liability for any loss or consequential damage due to disruption of service for any reason, including failure of the NWIC network equipment, or disruption of service or failure of any supporting or upstream provider of service to NWIC Inc., including cable, fiber, long distance carriers, network, or electrical power providers. In no event will any refund be given for such disruptions. Customer expressly agrees that use of the Service is at customer’s sole risk.

INDEMNIFICATION

Customer is responsible for all actions it takes in connection with its use of the Service. As a condition of the Service, Customer agrees to indemnify and hold harmless NWIC Inc., and their respective officers, employees, agents, and shareholders from any claim or cause of action by Customer or any third party for any damages arising out of, or claimed to arise out of, Customer's use of its account, or the use of such account by any person whatsoever, to access the Internet or any information thereon. Additionally, Customer agrees to indemnify and hold harmless NWIC Inc. and their respective officers, employees, agents and shareholders from any claim or cause of action by Customer or any third party for damages arising out of, or claimed to arise out of the installation of Customer Premise Equipment (CPE) on Customer’s property.

SERVICE CANCELLATION

Customer may cancel its Service by completing the online cancellation request form at www.nwic.ca/cancellation. The Customer's account must be paid in full, including any outstanding invoices for service. Cancellation is subject to 30 days’ notice. NWIC will be granted access to the Customer premise to recover Provider owned equipment that is freely accessible without notice to the Customer. Any Provider owned equipment not accessible will be the responsibility of the Customer to ship to NWIC Inc. within 30 days of cancellation to
NWIC Inc. - 4100 Victoria Avenue, Unit 102, Vineland, ON, Canada, L0R 2E0

Failure to return or prohibit access to recover the Provider Equipment will result in minimum fee of $500 per device.

MODIFICATION OF AGREEMENT

NWIC Inc. reserves the right to change the rates, and otherwise modify the terms and conditions of this Agreement by notifying Customer within 30 days in advance of the effective date of such proposed changes. If Customer does not request its Service to be terminated, it will be presumed that Customer consents to the modifications to this Agreement. If Customer chooses to cancel service at the time of such notification of modifications to this Agreement, Customer must notify NWIC Inc.  as stated in "SERVICE CANCELLATION".

JURISDICTION AND ATTORNEYS FEES

This agreement is made under and shall be governed by and construed in accordance with the laws of the Province of Ontario.