Rev 1.3; created Nov 19, 2001; updated Dec 3, 2002; updated Jan 26, 2005; updated Oct 29, 2007; updated Feb 1, 2012; updated Aug 2, 2012, updated February 4th, 2013, updated September 9th, 2013
TERMS OF SERVICE
This document describes the policies governing the use of
network connectivity and software provided by Lemalu Holdings Ltd (hereinafter MCSNet).
By using or continuing to use the service or services
provided, users agree to abide by the terms set forth herein. MCSNet reserves
the right to modify this document at any time, effective immediately upon
posting to the URL: http://www.mcsnet.ca/tos.php
THE SOFTWARE IS PROVIDED BY MCSNET "AS IS" AND "WITH ALL FAULTS." MCSNET
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY,
SAFETY OR SUITABILITY OF THE SOFTWARE, EITHER EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT WILL MCSNET BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF
MCSNET HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MCSNet is not responsible for any loss, damages, or civil /
criminal activity resulting from the use of or inability to use the services
provided. It is the sole responsibility of the user to maintain back-ups of
their web pages, email or other data that may be stored or transported by MCSNet
to protect against loss.
CONCURRENCY AND SHARED ACCOUNTS
Accounts are assigned to a single individual, sharing
accounts between multiple individuals or parties is forbidden. Connecting to
the MCSNet dialup modem pool with more than one(1) dialup connection from a
single account at any given time is explicitly prohibited.
MCSNet may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable law or
regulation is prohibited. This includes, without limitation, 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.
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and
may result in criminal and civil liability. MCSNet will investigate incidents
involving such violations and may involve and will cooperate with law
enforcement if a criminal violation is suspected. Examples of system or network
security violations include, without limitation, the following:
(i) Unauthorized access to or use of data, systems or
networks, including any attempt to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
express authorization of the owner of the system or network.
(ii) Unauthorized monitoring of data or traffic on any
network or system without express authorization of the owner of the system or
(iii) Interference with service to any user, host or network
including, without limitation, mail-bombing, flooding, deliberate attempts to
overload a system and broadcast attacks.
(iv) Forging of any IP packet header or any part of the
header information in an email or a newsgroup posting.
Sending unsolicited mail messages, including, without
limitation, commercial advertising and informational announcements, is
explicitly prohibited. A user shall not use another site's mail server to relay mail
without the express permission of the site. Users found sending unsolicited mail messages
will be charged a minimum service fee of $500.00. Account holder and user further agree
to pay MCSNet reasonable collection and attorney fees on service charges shown,
without regard to further legal action taken by MCSNet to recover other or
related consequential damages suffered as a result of account holder or user's
actions. MCSNet may block access to all third party mail servers forcing users
to send all mail traffic through MCSNet mail servers. MCSNet may also employ
various algorithms that reduce the maximum amount of email that can be sent by
any given user or from any given IP Address
Posting the same or similar message to one or more
newsgroups (excessive cross-posting or multiple-posting) is explicitly
prohibited. Posting messages containing commercial advertising is prohibited.
Data traffic is the sum of the data entering and exiting the
client's network via the connectivity provided by MCSNet. It is the account
holder's responsibility to ensure that the service plan limits are respected.
LIMITATION ON CHANGES TO PARKED AND RECURRING TRAFFIC PACKAGES
The removal of recurring traffic additions, or parking the connection
is available with no additional fees for use up to 1 times per 3 month interval. Removal of recurring traffic packages, or parking the
connection, exceeding one (1) time per 3 month interval is subject to a $29.95 deactivation fee for each instance.
MINIMUM CHARGE FOR SITE VISITS DUE TO CUSTOMER NEGLECT/ERROR
Service call site visits due to customer damage/error/neglect or where the connection is shown to behave as expected are subject to a service call fee of $75 per hour, with a minimum charge of $75.
All MCSNet customers are entitled to 30 megabytes of disk
storage (web space) where they may post documents and data to be made available
to internet users via the http protocol. MCSNet may, at its sole discretion,
remove content it deems as illegal, obscene or inappropriate. A traffic limit
of 1 gigabyte/month is in effect for each account holder's web space. Account
holder is responsible for any usage above this limit. MCSNet Staff will notify
clients if traffic generated by their site nears this limit.
It is the account holder's responsibility to ensure the
security of the system or systems used to access the service or services provided
by MCSNet as well as the confidentiality of passwords used. The account holder
is liable for any overuse and agrees to fully pay MCSNet for any usage above
the service plan limits.
TERM OF CONTRACT
Unless indicated otherwise, all service terms begin at 12:00 AM MST on the
first day of every calendar month.
The account holder must notify MCSNet a minimum of four(4) calendar weeks
prior to the date he/she wishes to cancel the service. If customer has signed
a contract, see contract for details about termination. For non-contracted services,
a credit will be issued for a cancelled service provided that the term of the service
or services has not yet begun. No refund will be issued for a six(6) or twelve(12)
month dialup contract cancelled during or after the first month unless the contract
is being cancelled because the customer has upgraded to MCSNet's wireless high speed
DISRUPTIVE ALERT MESSAGES
Certain MCSNet services employ a message notification system that will interrupt service in order to deliver a message. By using or continuing to use the services provided, MCSNet users agree to receive these messages and further agree to hold MCSNet harmless of any liability that may arise from any such interruption.
OFFSITE BACKUP OR DATA STORAGE
MCSNet may offer certain offsite backup or offsite data storage services to clients. By using or continuing to use the services provided, account holders agree to hold MCSNet harmless of any liability that may arise from their use or inability to use the service. Account holders further agree to have alternate backups or copies of the data to ensure that any failure of MCSNet's systems do not jeopardize any critical data, programs or files.
EMERGENCY SERVICES – 911 DIALING
MCSNet offers a form of 911 service that is similar to traditional 911service but has some important differences and limitations when compared with enhanced 911 service (E911) available in most locations in conjunction with traditional telephone services. It is the sole responsibility of the account holder to regularly update their 911 location information online to ensure that it is kept up to date. The account holder understands that 911 dialing is likely to be inoperable in event of a phone, or broadband outage or if the account holder's phone account or Internet account has been suspended for any reason whatsoever. For as long as the account holder subscribes to MCSNet's phone service, the account holder agrees to purchase, subscribe to and maintain in operable condition an alternate means to contact Emergency Service/911 that is not reliant upon MCSNet services or the electrical power grid and to make others aware of its location and use.