Terms and Conditions for Internet Services

This agreement represents the complete agreement and understanding between DataStore and the account holder/user/customer of DataStore Internet Services and supersedes any other written or oral agreement. DataStore reserves the right to modify this agreement and the fees charged for services at its discretion.

Your use of DataStore Internet Services constitutes your acceptance of these terms and conditions.

i) Overview

The Internet is comprised of a dynamically connected series of networks and computers, yet no one organization has the responsibility to supervise or maintain the operations of all of the individual components. The adoption of a standard of rules of operability or Acceptable Use strives to make our customers and users aware of their obligations in a shared usage environment. We hope that the Acceptable Use Policies, as follows, are ones that all can adopt readily and make us better Net Citizens! All members of DataStore fully agree to the Acceptable Use Policy as stated herein. DataStore reserves the right to amend the Acceptable Use Policy, as required either by law or by need, and will notify our members of such changes by way of an update in the Terms and Conditions section of our website. Any member who feels that they cannot in good faith operate their account within the stated Acceptable Use Policy can terminate their account upon written notice to DataStore. Continued use of the account, after reasonable notification, will indicate the members' acceptance of the amended Acceptable Use Policy. This acceptable use policy shall remain in effect until the user’s account is closed.

New members opening an account with DataStore, agree that they are at least 18 years of age and are legally able to accept the terms of the Acceptable Use Policy as stated at the time of opening the account. The owner of the account opened with DataStore, agrees that they are fully responsible for the actions of all that are given permission to use the account and accepts all recourses for their actions. The registered owner of the account is the only person who can change the login and/or password associated with the account, modify the account plan or cancel the account. The owner of the account is fully responsible for all charges incurred by the use of the account. The use of the Internet is at the discretion of the user. Access to information is under the control of the user and those given permission to use the accounts. Some materials on the Internet may not be suitable for all users and caution should be exercised. We cannot monitor the content of information placed in user owned Web space or in other locations of the Internet.

We reserve the right to remove any materials that are found to be illegal or contravene acceptable use policies and will make every effort to remove this content, located in DataStore resources. DataStore does not censor materials or interfere in the right to free speech and can only react to actions taken by our members. The use and enjoyment of the Internet is under the full control of the user.

ii) Account and Agreement Term

DataStore may occasionally require new registration and/or account information to continue this service. In addition, the account holder shall notify DataStore in writing or by e-mail of any changes in the account information (e.g. address or phone number, etc.). DataStore reserves the right to terminate an account at any time without notice for violation of this agreement. If DataStore terminates the user’s account, the user will receive a refund for the unused portion of any prepaid subscription.

iii) DataStore’s Primary Responsibility

DataStore is primarily an Internet Service Provider, or ISP. Our primary responsibility to our customers is to maintain the orderly flow of network traffic and to provide our customers with the access to network resources. This does not preclude DataStore from filtering any traffic from the Internet that DataStore deems necessary for security or business interests. Once a fully functional TCP/IP networking account is established at DataStore for you, our role is completed, regardless of the condition of the equipment and software that you use or your ability to use the account because of conditions on your end of the connection. DataStore fully accepts the responsibility to provide support for network traffic problems, routing issues and DataStore server problems or the products/programs running on these servers, and under the control of DataStore. Problems associated with either the mechanical fitness or usage of your personal hardware and software components, including those contained within your internal network, are the shared responsibility of you and the manufacturer of that item. We cannot guarantee specific support for these and any support provided may incur additional service charges.

iv) Billing/Terms/Termination

The DataStore accounting cycle begins on the first day of each month and extends until the last day of the month. The DataStore accounting period is one month unless otherwise arranged by the customer with the billing department. The account holder must notify DataStore at least 14 days before the start of the next accounting cycle if the user wishes to change type of account or method of payment.

This service period extends for 1 month and is automatically renewed unless terminated by the user or DataStore. DataStore reserves the right to change its fees at any time. Fee changes take effect at the time of renewal. DataStore reserves the right to terminate any account in violation of any term of this agreement.

Monthly access charges are billed in advance, with overtime usage billed in arrears. Payment is due on the 1^st day of the month for which service is required. Accounts where no payment has been received or payment arrangements have not been made will be considered delinquent. Delinquent accounts will be placed on “accounting hold” immediately and may not be used until the account is brought up to date. Accounts that are unpaid for two months will be terminated and all files will be deleted. Terminated accounts may be reinstated upon payment of any outstanding charges. There is a $10.00 service charge for each returned NSF cheque or Pre-Authorized Debit (PAD). DataStore accounts continue to accrue charges while they are on “accounting hold”.

Termination requests for DataStore accounts must be received in writing via e-mail, fax, or postal service at DataStore’s main office located 180 Whiskey Harbour Road, Mar, Ontario, N0H 1X0. Accounts will be terminated at the end of the accounting cycle in which the termination notice was received. The account holder will receive a refund for any prepaid service not actually used. The account holder is responsible for all fees up to the date of termination of the service.

No refunds will be issued for fees paid for Web publishing, development fees, Domain registration fees, static IP address charges, web site traffic reports or any other services contracted through DataStore or an associated link from DataStore’s Home Page. Refunds for accounts paid by credit card will be refunded to the credit card. All other refunds will be issued by cheque. DataStore requires notification 14 days before the end of the calendar month in order to stop processing for pre-authorized payment or credit card payments for the following month. DataStore is not responsible for any refund due to lack of sufficient notification. DataStore also reserves the right to refund accounts to a maximum of 2 months credit. We will require proof of cancellation, and all refunds are at the discretion of management. Only the account holder of record has the authority to cancel the account. DataStore will not be held responsible for any time or refund owing due to lack of notice from the account holder.

v) Provision of Services

DataStore will provide services on its computing systems to individual users in exchange for payment of fees and compliance with the terms and conditions of this document. Services are defined as the use of computing, telecommunications, software, and information services provided by DataStore. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as The Internet. DataStore does not guarantee that the services offered will be available at all times or services will not be interrupted. Even though we go to great lengths to ensure optimum availability, there are periods of time that are required for planned or emergency maintenance activities, which may mean temporary service interruption. We also cannot guarantee network availability or stability that is beyond our control.

DataStore’s liability shall strictly be limited to a rebate of charges proportionate to the length of time the problem existed. For the purposes of calculating rebates, the duration of the interruption in service shall commence when DataStore has been informed of the problem by the customer and actually becomes aware of the problem and shall end when that service has been restored.

Dial access to our phone lines may generate a busy signal if there is a higher than normal demand for service access. We will make every effort possible to minimize these busy situations. Other than as specifically described in these Provisions of Service, DataStore makes no guarantee or warranty of any kind. DataStore does not warrant or guarantee that its service is fit for your particular purpose. DataStore does not warrant or guarantee that its service meets any implied warranty of merchantability. DataStore does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.

vi) Basic Computer Knowledge to use the Internet

You do not need to be a computer expert to use the Internet. You will, however, find the Internet much more enjoyable and less frustrating if you already possess a few basic computer skills before you set out to learn the Internet. The following are what we would consider to be basic computer skills necessary to fully enjoy Internet services. You should know how to:

A. Find files on your computer's hard drive or floppy drives

B. Browse and navigate your computer's file system

C. Create, name, rename, copy and move files and directories on your computer

D. Make a backup and have a backup system in place

E. Navigate among and between different windows and applications

F. Use the clipboard to copy, cut and paste

G. Add and remove icons to/from your desktop

H. Add and remove programs on your computer

I. Use your keyboard and mouse and have basic typing skills

J. Organize and keep track of passwords, files, URLs and directories

K. Start and shutdown your computer

Please note that none of the above items has any direct relationship to the Internet or the services that you may purchase from DataStore. We cannot provide support for problems associated with the basic operational skills needed to operate a computer system.

vii) Security of Accounts

DataStore Dial-up accounts are for individual users (unless otherwise arranged and agreed to in writing by DataStore and the customer) and the user therefore agrees not to share the password or use of the account by others including, but not limited to, other family members or business associates. The user agrees to maintain a secure password for the account. Each account name, or login, is unique and permanent and cannot be reassigned. DataStore discourages the use of inappropriate login names and reserves the right to assign certain login names for Internal Use Only. The use of an "alias" login name or the "real name" of the account is the decision of the owner of the account. The login name cannot be modified or masked so that it does not appear to others when used.

In order that an account can be activated, the customer must provide a full legal name, address and telephone number. The owner of the account login agrees to promptly notify DataStore with an accurate detail of any change of address or telephone number. It will be considered a fraudulent act if a user account has been declined and the user then attempts to re-establish an account with DataStore with intentionally erroneous information. DataStore reserves the right to immediately cancel these accounts without refund of payment and/or levy a penalty up to $500 or pursue legal action through the courts.

viii) Privacy

DataStore is required to collect specific personally identifiable data for the purposes of conducting business with individual customers. The data collected will be only through legitimate registration processes, only when necessary and with the explicit permission of the customer. The use of this information will not be combined with any other unrelated processes collecting personally identifiable data. This data will at all times be treated with the same level of respect as other proprietary information, trade secrets and business patents and will be kept in the strictest of confidence. Internally, personally identifiable information is available only to employees with a need to know.

DataStore does not read, examine, inspect or disclose information in account e-mail or other files unless required to do so by law, an emergency when a person's physical safety is an issue or an act of security. DataStore cannot guarantee privacy of information related to your use of the login name in e-mail, news groups, chat groups or purchasing transactions over the Internet. Users do so at their own risk. The protection of personally identifiable information does not apply to publicly available or public record information nor is it superseded by obligations imposed by statute, regulation, law or legal process.

DataStore will not disclose, sell, rent, exchange or barter any member's personally identifiable information for monetary gain or marketing purposes to or with other third parties. Any use of personally identifiable information will be strictly based on the express permission of the owner of the information.

ix) Abuse of Internet Services

The user agrees to use the services provided by DataStore as permitted by applicable local, provincial, and federal laws.

The user agrees to refrain from mass posting of the same or similar message to one or more Usenet newsgroups (excessive cross-posting or multiple-posting, also known as “spamming”). The user agrees to refrain from mass, unsolicited e-mailing. The user agrees to post advertisements only where appropriate, for instance in biz, for sale, and other venues that specifically encourage or allow advertising. The user agrees to respect the conventions of the newsgroups, lists, and networks to which the user is posting, including rules more restrictive than, but not limited to, the above. The user agrees to indemnify and hold DataStore harmless against losses resulting from the use of the service, which damages the user or any third party.

Any use of DataStore system resources that disrupts the normal use of the system for other DataStore customers is considered to be an abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, and staying attached to modems while not really “active” on the line.

Unlimited or unmeasured use means unlimited ATTENDED use. In the case of unmeasured, single user, non-dedicated accounts, the user specifically agrees to remain connected only for the period of time that the user is actually using the system. Only a specified dedicated connection, when purchased from DataStore, entitles a customer to an uninterrupted connection.

Idle dial up sessions will automatically be terminated after 20 minutes of inactivity. The user agrees not to attempt to defeat this mechanism by means of ping-bots, auto polling, or other means. DataStore may limit any session to a period of eight hours, after which the session may be automatically terminated.

The owner of the account agrees that they will neither share an account with another party, nor resell all or any part of their contracted services, nor run a Web Server, Mail Server or FTP Server or any other type of server from the named account, nor utilize the login, in more than one concurrent connection or operate any program or device such as a ping program whose purpose is to undermine the operation or serviceability of the account without the express written permission of DataStore.

x) Illegal or Inappropriate Actions

Please read this carefully. Failure to adhere to these terms may result in cancellation of the user’s account. All Internet Service Providers use similar restrictions.

DataStore understands that using the Internet “properly” (as defined by the Internet community generally) can be very unclear and confusing. It is certainly not DataStore’s goal to punish someone for not fully understanding how the Internet works. Instead, the goal is to help the user use the Internet most effectively, and to be able to take action against the few individuals who purposefully abuse the system.

If the user is new to the Internet and does not fully understand these points, the user is to call DataStore’s main office for clarification.

A. DataStore customers will not send unsolicited e-mail. Unsolicited e-mail is defined as any e-mail sent to an individual or group (whether the mailing list was bought or developed by the user) where the recipient or recipients have not specifically requested information or a response. E-mail includes information of any kind, advertisements, literary works, graphics, voice and video files, and any other material that can be contained in current or future implementations of e-mail. A user shall not use another site’s mail server to relay mail without the express permission of the site

B. DataStore customers will not post advertisements to USENET newsgroups unless the newsgroup specifically states in its FAQ that advertisements are acceptable

C. DataStore customers will not use their accounts to harass or abuse other members of the Internet community

D. DataStore customers will not post copyrighted materials, whether written, graphic, or in any other form, to any public site without permission from the copyright holder

E. DataStore customers will not use their accounts for any unlawful purpose

F. Users are responsible for any content that is placed into their designated home page, including design, content and backup of information

G. DataStore customers will not distribute spam, chain mail, mail bombing, flames, cancel bots, Trojan horses or viruses

This service may be used only for lawful purposes. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. The user agrees to indemnify and hold harmless DataStore for any claims that arise from the user’s use of the service.

All services provided by the user, either in part or in total using the DataStore connection, are subject to relevant local, provincial, federal, and international regulations. If DataStore or other relevant authorities determine inappropriate usage of this service, DataStore reserves the right to suspend or terminate the service immediately and without notification.

DataStore, in it's judgment, will levy a minimum penalty of $200.00 or more for system clean up activity on it's resources caused by activities or actions of it's members which generate or cause to be generated unsolicited and/or unwanted data or information. Any member of DataStore using the services of another provider, news group, chat rooms etc. are expected to observe the Acceptable/Appropriate Use Policies as stated by that provider. If none are stated, the guidelines of our Acceptable Use Policy should be observed. At no time, will any DataStore customer attempt to undermine the operability of our services through any direct or indirect connection. The customer shall indemnify and save DataStore harmless from and against all suits, claims or judgments howsoever arising in connection with the initiation by the customer of any transmission in connections with the services, or any part thereof, including without limitation, suits, claims or judgments for libel, slander, infringement of copyright or trademark, breach of any term hereof or based on any other legal theory howsoever arising from the content of the transmission and any and all costs, damages and expenses (including legal fees) in connection therewith.

xi) Offensive or Adult Materials

DataStore exercises no control over the content of materials accessed through DataStore. Some materials may be offensive or adult in nature. If the user is under 18 years of age, the user must have a parent or guardian send a letter of consent to DataStore authorizing the use of DataStore services.

DataStore does, however, reserve the right to restrict or remove offensive material from its server. DataStore also reserves the right to lock out a user’s directory if the material stored on the Web server is deemed offensive or profane in nature.

xii) Content

DataStore has the right, but not the responsibility, to examine and/or remove any on-line materials including news, e-mail, user files, graphics files, audio files, or video files.

xiii) Broadband Accounts

DataStore assigns IP’s as needed. Additional IP’s are available for purchase on a yearly basis. The owner of the account agrees that they will neither share an account with another party, nor resell all or any part of their contracted services, nor run a Web Server, Mail Server, FTP Server or any other type of server from the named account, or operate any program or device such as a ping program whose purpose is to undermine the operation or serviceability of the account without the express written permission of DataStore. It is imperative that you use the IP’s assigned to you. DataStore retains the right to perform random IP swipes at undetermined intervals after your date of activation and, if necessary, reduce the number of unused IP’s assigned to a service. In addition, DataStore reserves the right to re-allocate or re-assign IP addresses as necessary at our sole discretion.

xiv) Service Guarantee

Broadband Wireless Access (BWA): Although your wireless device is set to a minimum and committed information rate, the throughput you receive can vary depending on a variety of factors such as defective equipment, interference, topography, internal LAN wiring, Internet traffic, and other variables outside of DataStore’s control. Due to this, DataStore provides BWA as a best effort service, and cannot guarantee upload or download speeds. DataStore does not guarantee "ping times" for any service. Ping times are often misunderstood as indicative of throughput or speed of your connection. DataStore does not guarantee Internet download speed tests from 3^rd party websites. DataStore customers are responsible for maintaining their BWA equipment, towers, networks, etc.

xv) Warranties

DataStore makes no warranties of any kind, whether expressed or implied, for its services and specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. DataStore will not be responsible for any losses or damages resulting from delays, non-deliveries, miss-deliveries, service interruption, or the user’s errors or omissions. DataStore will not, under any circumstances, be responsible for consequential damages.

xvi) Limitation of Liability

In no event shall DataStore or any of its directors, officers, employees, contractors, landlords or agents be liable for incidental, consequential, special or indirect damages (including, without limiting the generality of the foregoing, costs and expenses and legal fees) arising from or in connection with the breach of any provision of the Agreement or any tort including, without limiting the generality of the foregoing, the negligence of DataStore or any of its directors, officers, employees, contractors or agents.

xvii) Indemnification

The Customer shall indemnify and save DataStore harmless from and against all suits, claims or judgments however arising in connection with the initiation by the Customer of any transmission in connections with the services, or any part thereof, including without limitation, suits, claims or judgments for libel, slander, infringement of copyright or trademark, breach of any term hereof or based on any other legal theory howsoever arising from the content of the transmission and any and all costs, damages and expenses (including legal fees) in connection therewith.

xviii) Limitation Period on Actions

No action - regardless of form - arising out of the breach by DataStore, of any provision of this Agreement, or for any tort, may be brought by the customer more than 12 months after such breach or tort occurred.

xix) Jurisdiction

The laws of Canada and/or the Province of Ontario shall govern the validity, construction and performance of this agreement.