EIDNet Wireless Internet Service Terms and Conditions

For the purposes of this agreement, the Eastern Irrigation District, it's Directors, Employees, Agents, Contractors and Representatives shall be referred to as the EIDNet.

Acceptance:

This document explains the terms and conditions which apply to contracts for the use of the EIDNet products and services. By accepting contracts which reference this document, you are agreeing to be legally bound by and abide by these terms and conditions (Agreement).

You represent and warrant that you have the legal right and ability to enter into this Agreement and have read and understand the terms and conditions.

This Agreement may be cancelled by either party on 30 days written notice to the other. During any such 30 day notice period all terms and conditions herein shall continue to apply. This Agreement shall be governed by the laws of the Province of Alberta. If you terminate your account before the end of the initial 12 month minimum sign up period there will be an early termination penalty. This penalty will be the return, in good working order, of all equipment installed by the EIDNet, at no cost to the EIDNet. The EIDNet may, without resort to legal process, take immediate possession of such equipment and software and for this purpose enter into and upon your premises wherein the equipment and software is located without incurring any liability to the EIDNet.

You acknowledge that the EIDNet may, at it's sole discretion, deny service to any location.

Payments:

You agree to pay all fees and charges incurred, which relate to the provision and use of the EIDNet products and services in accordance with the rates provided. You agree to pay interest on all amounts outstanding for longer than 30 days at the rate of 1.5% compounded Monthly (19.56% per annum). Except for accounts that are on an annual prepayment basis, you agree that the EIDNet can change its rates on 30 days notice.

Any failure of the EIDNet to provide you with a bill or statement pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless you notify the EIDNet of any errors, discrepancies or irregularities in your billing within 60 days after they appear on your statement, such statement or bill will be deemed accepted by you. Without limiting anything else in this Agreement, you agree to release the EIDNet from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported within 60 days of the publication date of the applicable bill or statement.

You agree to pay all costs incurred by the EIDNet in the collection of any delinquent charges due under this Agreement or in the enforcement of the Agreement, including without limitation, legal fees and disbursements on a solicitor and his own client basis.

Any deposit paid herewith will be refunded to the customer, at the customers direction, in the event that the customers share of the cost of the equipment exceeds $400.00 plus GST.

In the event that you will be responsible for all or any additional part of the costs of installing, maintaining, inspecting, repairing or removing any equipment or software, the EIDNet will so advise you and obtain your consent prior to undertaking this work.

Default:

Upon any default in payment of the fees and charges incurred herein or upon default of any of the terms herein, the EIDNet may terminate this Agreement without notice to you.

Access:

You authorize the EIDNet, to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the service. Access to your premises will be at a mutually convenient time for you and the EIDNet. Any requests for moves, changes, rearrangements or re-installations, will involve a minimum site visit charge, unless otherwise specified by the EIDNet.

All EIDNet equipment installed at your location remains the property of you at all times except in the event of early termination. You agree that the EIDNet is not responsible for any damage to or loss of your data, equipment or software arising from the installation or maintenance of the EIDNet service.

You acknowledge and agree that, except as otherwise explicitly stated in the Agreement, the EIDNet is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you, including without limitation any equipment or software used in connection with associated services such as the EIDNet Network.

You agree that any and all software, equipment and documentation that forms part of the services or that is supplied by the EIDNet for use in connection with the service is protected by applicable intellectual property laws. You also agree not to distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the software. You further agree not to remove any proprietary notices or labels on or in the software or equipment, or allow any other person or entity to engage in any of the foregoing activities.

You acknowledge that, except where otherwise specified, all IP and e-mail addresses assigned to you during the term of this Agreement remain the property of the EIDNet at all times.

You acknowledge and agree not to obtain or seek to obtain access to or interfere with any programs, data or equipment maintained by the EIDNet, or knowingly develop or use programs, which adversely affect or impact others, the Internet or any network, or utilize your network access for any purpose, which is contrary to the laws of any government having jurisdiction over the EIDNet.

Internet Access:

Where EIDNet products/services provide or assist in providing access to the internet, it is your responsibility to ensure that your equipment and software are adequate to use the Internet. The EIDNet does not guarantee that all equipment or software, including without limitation all Internet applications and appliances, will operate.

Where EIDNet products/services provide or assist in providing access to the EIDNet network, unless explicitly approved by the EIDNet, you are not permitted to operate an e-mail, web, news or other similar server through the EIDNet network. You acknowledge that the EIDNet may establish general practices and limits concerning the use of the EIDNet network including but not limited to, the maximum size of any e-mail messages, disk space that may be allotted on the EIDNet servers. Users of the EIDNet service are expected to keep the amount of data that they send and received to a total usage of 10 GB/month or less. You agree to comply with all such general practices and limits. The EIDNet reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in the suspension, restriction or termination of your service.

The EIDNet will be available for technical support between the hours of 8:00am and 5:00pm Monday thru Friday.

Acceptable use:

Customer agrees that it will not:

• Post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letter or other "spam";
• Engage in threats, harassment, intimidation, stalking or abuse of others
• Scan or probe another computer system, obstruct or bypass computer identification procedures, engage in unauthorized computer or network trespass or export software or data outside of Canada or the United States in contravention of applicable export control legislation
• Post, upload, reproduce, distribute or other wise transmit information or materials where:

• Such activity gives rise to civil liability or otherwise violates the rights or assists other to violate the rights of the EIDNet or any third party. Such violations include but are not limited to engaging in copyright infringement, trademark infringement or defamation
• Such activity that constitutes a criminal offence or otherwise engage in or assist other to engage in any criminal offence. Such offences include, but are not limited to, communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography.
• Such activity violates common or accepted network etiquette, violates applicable charters, policies, rules or guidelines or disrupts or threatens the integrity, operation or security of the EIDNet network.

Use or register any EIDNet trademarks, trade names or logos, without express prior written permission.

Exploit, share, resell, reproduce, copy, distribute, redistribute or exploit for any commercial purposes, any portion of, use of or access to the EIDNet Network except where expressly authorized by the EIDNet.

Allow any other person or entity to engage in any of the foregoing activities.

If at any time you become aware of any violation, by any person or entity, of the acceptable use rules, which involves your service, you agree to immediately notify the EIDNet and provide assistance as requested to stop and or remedy the violation.

Without limiting any of the EIDNet's rights to suspend, restrict or terminate your service as described elsewhere in the Agreement, the EIDNet may suspend, restrict or terminate your service without notice if, in the EIDNet's sole and absolute discretion, you have violated any part of the agreement or any of the acceptable use rules. You acknowledge and agree that the EIDNet shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your service.

You acknowledge and agree that from time to time the EIDNet has the right, without notice, to monitor and review the use of the services by you to troubleshoot problems and/or enforce the terms of this Agreement, comply with any laws or regulations or respond to any allegation of illegal conduct or claimed violation of rights or to protect itself or others.

"You acknowledge and agree that, all usage of Internet services is done so at your own risk"
 

Liabilities:

You agree to indemnify the EIDNet against any loss, damage, or liability (including legal costs on a solicitor and client basis), which may be sustained or incurred as a consequence of your failure to comply with this agreement whether the failure to comply is by you or any other entity or person who is unauthorized by you using your service.

Notwithstanding any other provision of this agreement, in no event shall the EIDNet or their parents, subsidiaries, affiliates and their respective officers, directors, agents, employees, suppliers, resellers or distributors be liable for any direct, indirect, special, incidental, consequential or punitive damage, or any other damages whatsoever suffered by you, including without limitation damages of loss of profits, goodwill, opportunity, convenience, earnings, use of data, arising directly or indirectly from or related to this agreement or the EIDNet services, regardless of the cause of actions and even if one or more or the EIDNet entities has been advised of the possibility of such damages or losses.