Terms of Service

Acceptable Use Policy

By use of the services of Borealis Internet, I acknowledge that permission is granted to me for the use of Borealis Internet's services according to the terms of this agreement. I further acknowledge that failure to comply with these guidelines may result in the termination of my account.

1. Purpose: This Statement describes the current terms and conditions under which Borealis Internet ("the Provider") will furnish Internet related services to the person or business ("the Client").

2. Policy Changes: In order to keep pace with the evolution of the Internet and to meet emerging issues and demands, the Provider reserves the right to make changes to this statement as often as the Provider considers necessary.

3. Internet Access: The Providers' sole obligation to its access customers is to provide the means through which the Client, using her, his, or another's computer system, can gain access to the Internet. Unless specifically authorized the Provider, member accounts are to be used only by members of the group or organization named by the account. Except for specific arrangements made with Clients using Provider supplied equipment, the Provider has no obligation for any equipment, software or facilities used by the Client nor for any use of the Internet made by the Client.

4. Availability of Access: If needed, periodic system shutdowns for maintenance and upgrading will be scheduled at low usage times. Other service interruptions may occur for reasons beyond the Provider's control. The Provider assumes no responsibility for any loss or inconvenience the Client may experience because of any service interruption, no matter how it is caused.

5. Borealis' Customers: A Borealis Internet dial-up access account may never be connected to from more than one terminal at the same time. The Client has the obligation of notifying the Provider in case of suspected unauthorized account use. Members shall make use of the Providers services in a manner which will not interfere with reasonable use by other members. Use of the Providers services for profit-seeking activity associated with advertising or promotion of a commercial product or service without a Borealis Internet business account is prohibited. Reselling of web space on our web server is prohibited.

6. Payment and Refunds: The Client's account for Internet access is payable in advance. Prepayment in whole or part may be required for other services. The Provider may cancel all services to a Client whose account is not paid when it is due. Until cancellation by the Provider or the Client, Clients are responsible for payment of all monthly and other charges due to the Provider, whether or not the Client is actively using any of the Provider's services. If a Client's payment is not honoured the Client agrees to pay the Provider a NSF fee of $25 plus the original amount. If an account becomes in arrears, The Client must pay the full amount owing and then set up a Pre-Authorized Payment system with the Provider. Set-up fees are non-refundable. Accounts of three months or less are non-refundable. Account packages for six months or more will be refunded fifty percent of the remaining time in the package.

7. Automatic Payment to the Provider: (a) By agreeing to pay by credit card, the Client authorizes the Provider to charge to the Client's designated credit card any payment amount currently due to the Provider and, the Client also authorizes the Provider to charge each future monthly payment due by the Client to the designated credit card. This Authority to charge future monthly payments may be revoked or changed by the Client at any time, up to five days prior to the due date for payment of the Client's account, by giving written notice to the Provider. Overtime hours will be automatically charged to the Client's credit card or bank account as applicable. (b) By agreeing to pay by pre-authorized debit, the Client authorizes the Provider to debit, in paper, electronic or other form, the Client's designated financial institution account in the amount of each monthly payment due by the Client to the Provider. This Authority may be revoked or changed by the Client at any time, up to five days prior to the due date for payment of the Client's account, by giving written notice to the Provider. Overtime hours will be automatically charged to the Client's pre-authorized payment plan.

8. Security Issues: Internet communications can be improperly or unintentionally deleted, delayed, diverted, fabricated, misrepresented or obtained by others. Material obtained through the Internet may be infected with viruses. Unauthorized persons may gain access, via the Provider's facilities, both to the computer systems used by the Client and to any attached network. The Provider respects, but does not guarantee, the privacy or integrity of e-mail or other Internet communications and the Provider assumes no responsibility for viruses or for unauthorized access to either the computer systems used by the Client or to attached networks. The Provider recommends that, where appropriate, the Client use encryption and anti-virus software as well as security controls that restrict access to computer systems, networks and data. The Client specifically agrees not to divulge the Client's login or e-mail password to any other person, including the Provider or its employees.

9. Internet Content and Performance: The Internet is generally unregulated; it is in constant change and its performance can vary greatly dependent on many factors both beyond and within the control of the Provider and the Client. The Client specifically acknowledges that the Provider does not monitor, control or guarantee Internet content or end-to-end reliability, quality or performance.

10. Applicable Laws and Practices: The Client will comply with all applicable criminal and civil Federal and Provincial laws including but not limited to laws relating to intellectual property protection, trade secrets, obscenity and harassment. The Client will observe all generally accepted customs and practices of the Internet (known as "netiquette"). By way of illustration but not limitation, the Client agrees not to (a) carry out unsolicited mass e-mail or Usenet advertising campaigns, (b) engage in any activity which could cause loss or degradation of service to other Borealis Internet customers or Internet users, (c) compromise the security or integrity of others' computer systems or software, (d) misrepresent or impersonate other Internet users, (e) information posted on computers at the facilities of the Provider may not slander or persecute individuals or identifiable groups of people. Traffic of any source that is disruptive or destructive is absolutely prohibited. If data from any source enters another network, that data must follow the acceptable use rules of the entered network (including member networks, regional, or backbone networks). It is the responsibility of the Client to meet this requirement. The Provider exercises no control whatsoever of the content of the information passing through its network. The Provider's network may only be used for lawful purposes. Unlawful material includes, but is not limited to copyrighted material, material which is threatening or obscene, or material protected by trade secret. The Client agrees to indemnify and hold harmless. Such information may be removed at the discretion of the Providers management. Borealis Internet management reserves the right to remove any information at any time.

11. Termination or Restriction of Service: The Client acknowledges that the the Provider's Board of Directors has the right to determine, in its sole discretion, whether such a violation has occurred. If the Client's Borealis Internet account is cancelled by the Provider or by the Client, the Provider may delete any unclaimed Client data including e-mail. The Client acknowledges that, any time after cancellation of the Client's account, the Provider may refuse and/or return any incoming communications for the Client.

12. Borealis's Liability: The Provider has no liability to the Client for any delay, loss, interruption or inaccuracy of any service or data, no matter how caused. The Client is solely responsible for the content of all advertising and other material displayed, distributed or transmitted through the Provider's facilities, even if the Client has used the Providers' services in the creation of any such material. In case of any alleged violation by the Provider of its obligations, the Client's sole recourse is the cancellation of the Client's Borealis Internet account. In no event will the Provider, its directors, officers, employees or affiliates be liable to the Client for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use services provided by the Provider.

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