ACCEPTABLE USE POLICY (AUP)

This is a contract. It spells out the terms and conditions of your access to DigitalWeb Communications Inc. ("DIGITALWEB") Internet access service (the "DIGITALWEB INTERNET" service) and also limits our liability.

By opening an account under your name, and using the DIGITALWEB INTERNET service, you agree to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS THE INTERNET THROUGH THE DIGITALWEB INTERNET SERVICE, AND YOU SHOULD IMMEDIATELY TERMINATE YOUR ACCESS ACCOUNT (see paragraph 46).

DIGITALWEB reserves the right to amend this Agreement.  Notification of this amendment shall be posted to the newsgroups of DIGITALWEB ( DigitalWeb.questions and DigitalWeb.announce) and to the web page of DIGITALWEB located at http://www.digitalweb.net/policies.shtml which is available for inspection via the Internet.  If the amendment is unacceptable, you may terminate your access account (see paragraph 46). If you continue to use the DIGITALWEB INTERNET service after the amendment becomes effective, you will be conclusively deemed to have accepted the amendment.

Your Account

1. You affirm that you are at least 18 years of age.
2. As the account holder, you are responsible for your account and the maintenance of your password. You are responsible for all use of your account, by anyone, unless it can be conclusively proven, to the satisfaction of DIGITALWEB to have been an unauthorized intrusion. If you believe that there has been unauthorized access to your account, please change your password and notify DIGITALWEB INTERNET service immediately.

Customer Information

3. You agree to notify us if your billing telephone number or service address changes.
4. Information provided by you to DIGITALWEB, other than your name, address, telephone number, and e-mail address, will be kept confidential, provided that such information may be disclosed in confidence to:
   1. persons who, in the reasonable opinion of DIGITALWEB, are your agents;
   2. another telephone company, provided the information is required for the efficient and cost effective provision of telecommunications services;
   3. a company involved in providing DIGITALWEB or you with telecommunications related or directory related services; and
   4. DIGITALWEB agents or consultants, provided such agents or consultants agree to be bound by these provisions.

Payment

5. Payment is due upon your receipt of a bill or notification from DIGITALWEB. If payment is not received by the end of the current account period, interest shall be charged at DIGITALWEB's then current rate and/or your account will be terminated and you will be subject to additional connection charges to re-establish your account. Termination does not remove your responsibility under this Agreement to pay all charges incurred up to the date of termination. Upon termination of your account all data stored in your directories will be deleted.

Service Limitations

6. The DIGITALWEB INTERNET service offers a variety of access speeds and accounts. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations.
7. The DIGITALWEB INTERNET service is subject to your equipment satisfying standards of transmission and supporting communications protocols required for access to the Internet through the existing DIGITALWEB INTERNET service equipment and facilities.
8. You are not permitted to operate an e-mail, web, news or other similar servers through a DIGITALWEB INTERNET high speed service except as specified by DIGITALWEB INTERNET.
9. Reverse ADSL use on the access facility is not permitted. This means that you cannot have a higher upload than download speed.
10. DIGITALWEB cannot guarantee that all current or future Internet applications can or will be supported.

High-speed Service Installation

11. The standard installation of a DIGITALWEB INTERNET high speed service includes:
    1. connection to one jack and one computer;
    2. installation of software at one computer; and
    3. programming IP addresses at the applicable number of computers.
12. Additional charges apply to all other services.
13. You must provide an adequate, standard household power outlet within 1.8 meters of the location that the DIGITALWEB INTERNET provided high-speed modem is to be installed.
14. You must provide a suitable location for the installation of the DIGITALWEB INTERNET high speed equipment within 1.8 meters of your computer. The location must provide reasonable ventilation and protection from damage to, theft, or loss, of the DIGITALWEB INTERNET equipment.
15. Additional charges shall apply when it is necessary for DIGITALWEB to install special equipment or to incur an unusual expense to establish the DIGITALWEB INTERNET service.
16. If reinstallation of the DIGITALWEB INTERNET high-speed hardware or software is required at your location it will be provided to you for a charge no greater than the normal installation charge. Only the standard installation service will be provided, except for software upgrades deemed necessary by DIGITALWEB.
17. All site visits will be assessed a minimum charge as it relates to moves, changes, rearrangements or re-installations of a high-speed service unless otherwise specified.

DIGITALWEB Property on Customer Premise

18. The high speed modem and associated components and the POTS splitter and inline micro filters are provided for your use as part of a DIGITALWEB INTERNET high speed service and remain the property of DIGITALWEB.
19. You agree to be responsible for the cost plus applicable taxes for repairing or replacing any damaged, lost or stolen DIGITALWEB INTERNET high-speed modems or any other DIGITALWEB owned components.
20. IP addresses may be installed in your hardware or software for the duration of your service with DIGITALWEB INTERNET. These addresses are NOT portable and remain the property of DIGITALWEB.

Customer Software and Hardware

21. Other than software provided by DIGITALWEB, you acknowledge and agree that you are responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to the DIGITALWEB INTERNET service.
22. You agree to provide DIGITALWEB or its designate with access to any such software and/or hardware as reasonably required.
23. You are required to show that your computer is functioning properly prior to DIGITALWEB doing any work on your computer.
24. DIGITALWEB is not responsible for any damage to or loss of data or software from your computer while installing or maintaining a DIGITALWEB INTERNET high speed service. We recommend that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of any DIGITALWEB INTERNET high-speed hardware or software.
25. The DIGITALWEB INTERNET high-speed service must be connected to a suitable Ethernet Network Interface Card (NIC), hub or router installed at your premise. If you are providing the NIC, hub or router, it must be installed as appropriate prior to installation. If DIGITALWEB is providing the NIC, you must assure that there is a suitable free card-slot available in your computer. (DIGITALWEB will not rearrange cards in your computer or remove cards from your computer.)
26. DIGITALWEB will provide support only for the DIGITALWEB INTERNET high-speed service components. DIGITALWEB will not provide support to components of your computer or network.
27. INERBAUN will provide on-site support for these components only for a maximum of 30 days after the date of installation. After that, support for this equipment is your responsibility. All warranties or guarantees are the responsibility of the manufacturer.

Help Desk

28. The DIGITALWEB INTERNET Help Desk will provide telephone assistance via a specified telephone number on a reasonable efforts basis during specified hours. Assistance is limited to your problems using the DIGITALWEB INTERNET service and excludes problems related to your personal hardware and software. DIGITALWEB cannot guarantee the resolution of any particular problem or DIGITALWEB INTERNET service disruption.

Content Warning

29. You agree that you are aware that the DIGITALWEB INTERNET service provides access to content that is for mature audiences only and which you may find offensive. DIGITALWEB recommends that access accounts are not used by anyone under the age of 18 unless the minor's use is supervised by an adult.

Use of the DIGITALWEB INTERNET Service

30. The DIGITALWEB INTERNET service may be used only for lawful purposes. You agree not to:
    1. transmit or link to any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulations, including those which deal with obscene communications, or its transmission is for the purpose of making an annoying or offensive communication to any other person;
    2. obstruct the DIGITALWEB INTERNET service's identification procedures in electronic communications which you initiate. Anonymous services may be used provided that you do not attempt to impersonate others;
    3. engage in an unsolicited mass distribution of any message [NO SPAMMING!!!];
    4. disrupt or interfere with the DIGITALWEB INTERNET service or any service of any other Internet access provider;
    5. engage in any activity that could compromise the security of the DIGITALWEB INTERNET service or the security of other computers on the Internet; and
    6. share, resell, or provide, as part of any commercial transaction, the DIGITALWEB INTERNET service to any third party.

The right of DIGITALWEB to terminate or limit account usage

31. DIGITALWEB reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions if required.
    1. The account holder agrees not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
32. No account holder shall use the DIGITALWEB INTERNET service in such a manner as to prevent fair and proportionate use thereof by other clients of DIGITALWEB.
    1. If it is deemed that an account holder is utilizing their DIGITALWEB INTERNET service in any manner that prevents fair usage by other clients of DIGITALWEB or in a manner that is not proportionate with usage of other clients, DigitalWeb may:

1.  Bill the account holder for the disproportionate amount

2.  Limit the account holder’s use of DIGITALWEB INTERNET services

3.  Discontinue and refuse to provide DIGITALWEB INTERNET services

33. The account holder is solely responsible for any and all information contained on their home pages, web pages or web sites.  If complaints are received regarding language, content or graphics contained on an account holder’s home page, web pages or web sites, DigitalWeb may, at its sole discretion, remove the homepage, web pages, or web sites hosted on DigitalWeb servers and terminate the account holders DigitalWeb services.
34. DIGITALWEB reserves the right in its sole discretion to edit, delete or deny access to any information, software or other content appearing on our service, regardless of whether it violates the standards for content.
35. DIGITALWEB reserves the right in its sole discretion to suspend or terminate service at any time.  Time lost due to suspension or termination will not be reimbursed.

Copyrighted Material

36. Copyrighted material may not be uploaded without the permission of the owner(s) or person(s) they specifically authorize. If you place information, software or any other content in a public area, by doing so, you agree that you have thereby granted DIGITALWEB a license to copy, distribute, edit, delete, publish and translate such content to the extent required:
    1. to provide the DIGITALWEB INTERNET service to you, and
    2. to modify the content where such content breaches the terms of this Agreement.

No Warranty - Limitation of Liability

37. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE DIGITALWEB INTERNET SERVICE IS AT THE USERS OWN RISK. DIGITALWEB MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES THAT ARE BEING PROVIDED. DIGITALWEB EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER.
38. Network performance and connectivity is not guaranteed. DIGITALWEB will use reasonable efforts to ensure that those portions of the DIGITALWEB INTERNET service over which DIGITALWEB has direct control are functioning properly.
39. We are not responsible for any loss you suffer, or any party claiming through or under you, as a result of using the DIGITALWEB INTERNET service including, but not limited to:
    1. the performance of the Internet;
    2. the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet;
    3. loss resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if you were not aware that any such loss would be incurred;
    4. loss resulting from delays, computer viruses or interruption of the DIGITALWEB INTERNET service, regardless of cause; and
    5. any losses or damages, including losses or damages to your equipment, facilities or software, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses, or defects in the transmission of information or data on the Internet.
40. Notwithstanding the limitations of liability in this Agreement, in the event that DIGITALWEB is found liable in a court of law for any action or lack of action related to any use of the DIGITALWEB INTERNET service from your account, you agree that our liability is limited to $100.

Indemnity

41. You agree to indemnify and hold harmless DIGITALWEB, its parent corporation, affiliate corporations, all of their officers, directors, agents, employees and shareholders, from all claims and expenses, including legal fees, which result from the use, by anyone, of your DIGITALWEB INTERNET account, without limitation.

Compliance Measures

42. DIGITALWEB reserves the right to monitor any and all communications and activity through or with the DIGITALWEB INTERNET service to ensure adherence to the terms and conditions of this Agreement.
43. You agree that the DIGITALWEB INTERNET service is not to be considered a secure communications medium and that no expectation of privacy is afforded.
44. In the event that DIGITALWEB receives a complaint, DIGITALWEB will investigate the complaint and, in its sole discretion, may suspend or terminate the account(s) involved and/or may remove the material from its servers. Customers will be notified of this proceeding. DIGITALWEB reserves the right to release customer information to comply with an investigation into any activity which may violate these terms, and may report such activities to the appropriate authorities.
45. DIGITALWEB reserves the right to prohibit, remove and/or block access to any content or Internet capability, including any pages, Usenet newsgroup and/or IRC channel, at any time for any reason, including those which contain:
    1. hyperlinks to material DIGITALWEB deems inappropriate; and
    2. material which promotes or induces illegal activity.

Termination

46. Cancellation requests for DIGITALWEB accounts must be received in writing via email, fax, or postal service at DigitalWeb's office. For ADSL accounts, such requests must be received by 5 pm Mountain time, ten (10) days before the account would be renewed in order to be processed by the beginning of the next accounting cycle.  For all other accounts, such requests must be received by 5 pm Mountain time, five (5) days before the account would be renewed in order to be processed by the beginning of the next accounting cycle.
47. DIGITALWEB may suspend or restrict your account and the DIGITALWEB INTERNET service or terminate this Agreement, at any time, if:
    1. the operations or efficiency of the DIGITALWEB INTERNET service is impaired by the use of the DIGITALWEB INTERNET service from your account;
    2. any amount is past due from you to DIGITALWEB; or
    3. there has been or is any breach of any term or condition of this Agreement.
48. You are responsible to pay all fees up to the date of termination of the DIGITALWEB INTERNET service.
49. DIGITALWEB shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of this Agreement shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.
50. You agree that all prepaid accounts are non-refundable.
51. You agree to return all equipment provided to you by DIGITALWEB to a DIGITALWEB approved depot within five days of termination of a DIGITALWEB INTERNET high speed service. If you do not return the equipment, or it is returned damaged, you agree to pay the replacement or repair costs plus applicable taxes and to have your account adjusted accordingly.

Changes

52. DIGITALWEB reserves the right to change a customer's e-mail ID or make other changes to this Agreement or any aspect of the DIGITALWEB INTERNET service as service, network or policy issues require. DIGITALWEB will exercise reasonable efforts to inform you prior to making any changes.  The current version of this agreement is available for review on the Internet at http://www.DigitalWeb.com/policies.shtml
53. DIGITALWEB may discontinue any or all classes of service at its discretion. Should DIGITALWEB exercise this right customers will receive a pro-rated refund.

General

54. The failure of DIGITALWEB to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
55. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
56. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. Each party irrevocably consents to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement. Any cause of action you may have with respect to this Agreement or the DIGITALWEB INTERNET service must be commenced within one year after the claim or cause of action arose, or it shall be barred.
57. DIGITALWEB may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.
58. The parties have required that this Agreement and all documents relating thereto be drawn up in English.