“Vastcom” means Vastcom
Network Inc. of 3950 14th Avenue, Suite 206, Markham, Ontario.
The “Service” means access to the Internet, the World Wide Web
hosting and transit of material through the facilitating network
of telecommunication and computing services and equipment of
Vastcom. The “Customer” means any person who shall at any time
order or use the Service.
The Customer acknowledges that use of the Service is subject to
the following terms and conditions. Breach of any of these terms
and conditions may result in termination or suspension of the
Customer’s right to use the Service. The Service is offered on
an on-going basis with all payment due in advance of using any
service. The Customer shall be issued with a password by Vastcom
to access the Service and shall take all reasonable steps to
keep the password secret and confidential and ensure that it
does not become known to other persons. If the password becomes
known to any other person the Customer must immediately notify
Vastcom. Vastcom may change the Customer’s password from time to
time without notice for security purposes.
1.3 Conditions of use
Transmission of any material through the Service or use of any
part of it which is in violation of any Canadian law or
regulation including but not restricted to material which is
copyright, threatening, intimidating, obscene or indecent or has
been judged unlawful or covered by trade secrecy, is prohibited
whether or not the Customer was aware of the content of the
material or the relevant laws. The Customer shall not use the
Service for transmission of computer viruses or material which
is defamatory or menacing or which may cause annoyance or
inconvenience or needless anxiety or may constitute an
infringement of the rights of any person firm company or
organisation including but not restricted to intellectual
property rights. The Customer Acknowledges that Vastcom are
unable to monitor or exercise any editorial control over the
content of any material or information transmitted through the
Service. The Customer further acknowledges that Vastcom hereby
excludes all liability in respect of any transmission or
reception of information or material of whatever nature.
The customer is solely and fully
responsible for all use of this service and will ensure
compliance with applicable laws (including copyright and
defamation) and established internet conventions and standards.
1.4 Explicit Prohibited Uses
It is expressly forbidden for Customer to participate in mass
mailing and the creation or transmission of e-mail that may be
interpreted as junk mail, spam, or unsolicited e-mails.
It is forbidden for Customer attempting to probe, scan or test
the vulnerability of a system or network or to breach security
or authentication measures or otherwise "hack" into the Web Site
without proper authorization.
The Customer agrees to indemnify and hold harmless Vastcom from
any claim brought by third parties alleging that the use of the
Service by the Customer has infringed any right of any kind
applicable in Canada or international legislation or regulation.
The Customer shall defend and pay all costs, damages, awards,
fees including reasonable legal fees and judgments finally
awarded against Vastcom arising from such claims and shall
provide Vastcom with notice of such claims, full authority to
defend, compromise or settle such claims and reasonable
assistance necessary to defend such claims at the Customer’s
Limitations and Liabilities
Any condition or warranty which might be implied or incorporated
within this contract by reason of statute or common law or
otherwise is hereby excluded so far as may be permitted by law.
While Vastcom will use all reasonable endeavours to provide a
prompt and continuing service it cannot guarantee it and will
not be liable for any loss of data resulting from delays,
non-deliveries, missed deliveries or service interruptions
howsoever arising. Without prejudice to the foregoing generality
Vastcom specifically excludes any warranty as to the quality or
accuracy of information received through the Service. In no
circumstances whatsoever will Vastcom be liable for any economic
or consequential loss. 30 days notice will be given for
termination of service by the Customer unless otherwise agreed
on the service order.
Vastcom cannot be held responsible for the configuration or
support of third party supplied hardware and that service will
be deemed to be delivered from the date on which Vastcom
notifies the customer that the service is ready, even if some
third party equipment is not configured and/or ready for