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1.1 Definitions

“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.

1.2 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 Statement

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.

1.5 Indemnity

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 sole expense.

1.6 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 connection.


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