ONLINE ACCESS AGREEMENT
1. INTRODUCTION
Welcome to the WHOTSPOT Internet Access! We start every new
subscriber relationship with a contract. The following contract
spells out what you can expect from us, and what we expect from you.
In purchasing and using a WHOTSPOT Surfcard, OR in using an open
access PC or Kiosk, you agree to what you have read below We
intend this to be the legal equivalent of your signature on a
written contract, and equally binding. IF YOU DO NOT AGREE TO THE
CONTENTS OF THIS DOCUMENT, PLEASE LOG OFF THIS INTERNET ACCESS LOCATION IMMEDIATELY.
2. ACCESS AND SERVICES
Your access to the various services available on this system
depends on the level of access you select. You may change or
discontinue your account at any time. We reserve the right to
modify, suspend or terminate access to the service on our system at
any time for any reason without notice or refund, including the
right to require you to change your login identification code or
password. We also reserve the right to delete all program and data
files associated with your account and/or other information you have
on our system.
3. FEES AND PAYMENT
We will charge you a standard fee for using our system as well as
additional fees depending on the type of service you have selected.
You should review the complete and current price list. As defined by
your local retailer, before signing up for any services. You can
cancel your account at any time, but you will remain liable for all
charges accrued up to that time, including full charges for the
prepaid card for which you discontinued service. We reserve the
right to change our fees at any time for any reason.
4. SYSTEM RULES
You agree to be bound by certain rules which are important for
the proper use of this service. Your failure to follow these rules,
whether listed below in the contract or in bulletins posted at
various points in the system, may result in termination of your
service. First, do not tell others your password or PIN code or let
your account be used by anyone except yourself. Second, do not
attempt to log in more than once at the same time on any given
account. Third, while you should feel free to express yourself, you
should respect other users of the system and not do anything to
attack or injure others. Fourth, do not use our system to commit a
crime, or to plan, encourage or help others commit a crime,
including crimes relating to computers. While you may be permitted
to download files from the Internet on a temporary basis, you are
not permitted to download illicit, illegal or offensive material, as
determined solely by local laws and your retailer.
5. PRIVACY CONSIDERATIONS
Your communications on this system are, in most cases, viewed
only by you and anyone to whom you address your message. However, as
system operators, we may need to review or monitor your electronic
mail and other communications from time to time. In addition, we
reserve the right to copy and distribute to third parties any
information associated with your activities on the system.
Therefore, you should not expect to have a right to privacy in any
of your communications.
6. PROPRIETARY RIGHTS
By posting messages, uploading files, inputting data, or engaging
in any form of communication on our system, you are hereby granting
to the public an unrestricted license to use, copy, modify, adapt or
document in any form any communications, information or any
underlying work in which you may possess proprietary rights,
including but not limited to copyright rights. All users of the
system are therefore deemed to have disclaimed or waived all
copyright ownership rights in their messages or files, even if they
contain copyright notices. You shall have absolutely no recourse
against us as the system provider for any alleged or actual
infringement of any proprietary rights to which you may claim
ownership.
Your use of our system affords you access to many of the features
of our system, but some aspects of our system remain within our
exclusive proprietary control. We or our suppliers own the
intellectual property rights to any and all protectable components
of our system, including but not limited to the computer software,
the related documentation, the end-user interfaces, the name of our
system, many of the individual features, and the collective works
consisting of sequences of all public messages on our system. You
may not reproduce any sequence of messages from our system, either
electronically or in print, without our permission. In addition; you
may not copy, modify, adapt, reproduce, translate, distribute,
reverse engineer, decompile or dissemble any aspect of the system
which we or our suppliers own.
7. LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of
our system. We would not be able to afford to operate this system if
we were held accountable for every wrongful action by every Online
subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY
AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR
PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR
SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS
TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE
TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
8. INDEMNITY
You shall defend and indemnify us and hold us harmless from and
against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including reasonable
attorneys' fees), relating to any acts by you or materials or
information transmitted by you in connection with our system,
leading wholly or partially to claims against us or our system by
other subscribers or third parties, regardless of the type of claim
or the nature of the cause of action.
9. DISCLAIMERS OF WARRANTY
THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESSED
OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE
OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY,
CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR
IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE
SERVICE.
10. CHOICE OF LAW
You agree that this Agreement shall for all purposes be governed
by and construed in accordance with the laws of Quebec, Canada (in
Canada); or San Diego, CA (in the USA), and that any action arising
out of this Agreement shall be litigated and enforced under the laws
of Quebec, Canada (in Canada); or San Diego, CA (in the USA). In
addition, you agree to submit to the jurisdiction of the courts of
Quebec, Canada (in Canada); or San Diego, CA (in the USA), and that
any legal action pursued by you shall be within the exclusive
jurisdiction of the courts of Quebec, Canada (in Canada); or San
Diego, CA (in the USA).
11. ACKNOWLEDGMENT
This Agreement represents the entire understanding between you
and us regarding your relationship to Online and supersedes any
prior statements or representations. IF YOU AGREE TO BE BOUND BY THE
TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please proceed to access
the internet. IF YOU DO NOT AGREE TO THE CONTENTS OF THIS
DOCUMENT, PLEASE LOG OFF THIS INTERNET ACCESS LOCATION IMMEDIATELY.
