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  1. General
  2. Privacy
  3. Notifications
  4. Disclosure to Law Enforcement
  5. Service Rates
  6. Payment
  7. Fees for Non-Payment
  8. Refund and Disputes
  9. Failure to Pay
  10. Cancellation
  11. Damages
  12. New Domain Accounts
  13. Transfer of Domains
  14. Service Availability
  15. Support Boundaries
  16. Spam and Unsolicited Commercial email (UCE)
  17. Network
    1. IP Address Ownership
    2. Bandwidth and Disk Usage
    3. System and Network Security
  18. Notification of Violation
  19. Suspension of Service or Cancellation
  20. Proprietary Rights
  21. Right to Amend
  22. Indemnification
  23. Servers
  24. Gateway Limitation
  25. Miscellaneous Provisions
  26. Applicable Laws
  • TGS Solutions Innovators Inc., through its subsidiary, aserty ENHANCED Internet Services,("ASERTY") agrees to furnish services to you ("Client") subject to the following Terms of Service.

    Use of ASERTY services constitutes acceptance and agreement to ASERTY's Acceptable Use Policy("AUP") as well as ASERTY's these Terms of Service("TOS").

    All provisions of this contract are subject to the ASERTY AUP. The AUP may be changed from time to time at the discretion of ASERTY. The Client understands that changes to the AUP by ASERTY shall not be grounds for early contract termination or non-payment.

    This Agreement shall be construed in all respects in accordance with the laws of the province of Ontario applicable to contracts enforceable in that province. Venue will be Ottawa, Ontario.

    1. General: ASERTY Internet services are intended for your personal or business use; these services are not transferable and their use is expressly limited to you, your household, or your employees. Account sharing is not permitted. In the case of educational institutes, "employees" shall be understood to include the students and faculty of the subscribing institution. Furthermore, your subscription to ASERTY does not permit you to resell or otherwise provide Internet access or email service to others not defined by this Agreement or prior contract with ASERTY.

      Multiple simultaneous connections to any of the ASERTY access services is not permitted using a single aserty Client ID. The use of multiple connections will incur a charge for each connection at the current monthly rate for the service being accessed. These can be considered as possible security breaches and may result in the connections being terminated and the suspension of the suspect Client account. A fee may be charged to reinstate the account.

    2. Privacy: Your communications with and through ASERTY Internet services will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, ASERTY will attempt to preserve the confidentiality of such communications in accordance with our Privacy Statement. However, you agree that ASERTY has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers.

      ASERTY has no obligation to monitor ASERTY Internet. However, ASERTY reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.

      See the ASERTY Privacy Statement.

    3. Notifications: The primary ASERTY email address will be the destination of your service invoices and any announcements, service bulletins, and other correspondence from ASERTY. You may assign any other email address to receive this mail by using the forwarding feature of your account. However, we cannot be responsible for mail that is undeliverable to an address that is not a part of the ASERTY service domain. You are ultimately responsible for retrieving and acting upon invoices and information delivered to your ASERTY mailbox.

    4. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. The Client agrees that ASERTY may disclose any and all client information including assigned IP numbers, account history, account use, or any such client information as requested to any law enforcement agent who makes a written request without further consent or notification to The Client. In addition ASERTY shall have the right to terminate all service set forth in this Agreement.
    5. Service Rates: The Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Client. The Client is aware that ASERTY may prospectively change the specified rates and charges from time to time. Any promotional offers are contingent upon ASERTY achieving and maintaining its cost of service goals including but not limited to rates charged to ASERTY by its suppliers.

    6. Payment: Establishment of this service is dependent upon receipt by ASERTY of payment of stated charges. All payments are in advance.

      If service activation occurs prior to 15th of the month the service anniversary date will be the first day of the month on which service was activated; otherwise, the anniversary date will be the first day of the month following service activation. For HyperSpeed ADSL the cost of the first month of service will charged pro rata accordingly; dial-up services are charged at their full rate. Subsequent payments are due on the first day of the month for the forthcoming month's service when monthly, quarterly, or half yearly billing has been selected.   Likewise, payment for yearly billing is due on the first day of the month when yearly billing came into effect. 

      Upon sign up clients will be required to remit the amount for their first billing cycle plus the final service month. E.g., if your billing cycle is quarterly, or every three months, your first invoice will be for four months (3+1) of service.

      Invoicing will be by email to your ASERTY email address.

      The above applies to all accounts and services provided by ASERTY.

    7. Fees for Non-Payment: Credit cards that are declined for any reason are subject to a $25.00 declination fee. Likewise, a $25.00 fee will be applied where bank cheques are returned as unnegotiable. Service will be suspended on accounts that become 15 days past due. Service will be disconnected 25 days after the due date. Service which has been suspended for nonpayment is subject to a $50 reconnect charge for dial-up service and $100 for ADSL service. Overdue balances will be subject to late payment charge of 2% compounded monthly (26.82% per annum). Accounts that are not collectable by ASERTY may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay ASERTY a "Processing and Collection" fee of not less than $100 nor more than $500. If you wish to cancel your account, please follow the proper procedure as outlined in this TOS.

    8. Refund and Disputes: All payments to TGS Solutions Innovators, Inc. are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ASERTY's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay ASERTY an "Administrative Fee" of not less than $50 and not more than $150.

      Early cancellation of service which was obtained under special pricing will result in reassessment of fees based on the regular monthly rate from the beginning of the service to the date of cancellation.

      Any waived installation charges will become due upon cancellation of service within the first year of that service.

    9. Failure to Pay: ASERTY may temporarily deny service or terminate this Agreement upon the failure of the Client to pay charges when due. Such termination or denial will not relieve the Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

    10. Cancellation: All requests for service cancellation must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to TGS Solutions Innovators, Attn: Cancellations, P.O.Box 27119, Ottawa, ON  K1J  9M7. You must provide all account information to cancel.

      Cancellation within the first three months of service may be subject to a cancellation fee of $100.

      Special reduced rates for service is dependant on your agreeing to a minimum of one year of services with ASERTY. Should you choose to cancel or reduce your service at any time during that first year you will be required to pay the full regular rate for the service, plus GST, for the months that you received service at the reduced rate. Similarly, should you cancel pre-paid year of service prior to the end of the one year term, you will be required to pay the full regular monthly rate, plus GST, for services received during that year. An early cancellation fee may also be assessed.

      Your order for the Service will be confirmed and you will have entered into a binding contract with ASERTY when (i) you submit your online order and it is accepted by ASERTY, or (ii) your phone order is confirmed by postal mail or email. If you subsequently cancel your order prior to activation of the Service you will be charged a $150 cancellation fee as liquidated damages for preparatory services as rendered by ASERTY.

    11. The Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of ASERTY and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Client agrees that ASERTY shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ASERTY. The Client further acknowledges that ASERTY's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Client for services during the period damages occurred. In no event shall ASERTY be liable for any special or consequential damages, loss or injury.

    12. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by TGS Solutions Innovators Inc. on behalf of the account holder a handling fee will be incurred.

    13. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to TGS Solutions Innovators Inc. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by TGS Solutions Innovators Inc. on behalf of the account holder a handling fee will be incurred. If The Client cancels service during the transfer period for any reason, all charges are considered earned and are immediately payable.

    14. Service Availability:
      1. Many factors effect the connection speed, not the least of which are the bottlenecks encountered on the wider network architecture of the Internet itself. As such, ASERTY does not guarantee the maximum service performance (throughput speeds) levels stated. Nevertheless, ASERTY continuously monitors network activity and will ensure that those components of the network it controls will be maintained in such a way as to offer the highest possible quality of service to the Client.
      2. ASERTY will not be responsible for any corrupted files or viruses, which may affect the user of the service. It is the responsibility of the Client to safeguard their systems, through appropriate means (e.g., using commercially available software), from theft, unauthorized use, or system corruption. Due to the "always connected" nature of the HyperSpeed service technology, any harm caused to the Client computer system as a result of the failure of the Client to properly secure their system will be the sole responsibility of the Client. Any harm caused to the network as a result of the failure of the Client to properly secure their system may result in the immediate termination of their HyperSpeed service.
      3. ASERTY recommends the use of a firewall equipped device such as a router or a firewall product to protect your connection from intrusion.
      4. ASERTY does not warrant that the functions of the Internet connection will meet any specific requirements that the Client may have, nor that their connection to the Internet will be free of errors or that the service will not be interrupted from time to time. ASERTY will not be held liable for any indirect, incidental or consequential damages (including lost data, information, or profits) sustained or incurred in connection with the use of, operation of, or inability to use the Internet connection.
      5. The Client is responsible for ensuring that web hosting the telephone number being used to access the Internet through ASERTY dial-up services is a local access number. Any telephone charges associated with access to the Internet through ASERTY are solely the responsibility of the Client. ASERTY will not reimburse, or pay, and will not be responsible for any of the Client's telephone charges for any reason including any work performed by the Client's telephone service provider or third party company.

    15. Support Boundaries: ASERTY, provides 24 x 7 email and 9am-5pm Monday through Friday telephone technical support to our clients. This support excludes all civic and statuary holidays. We limit our technical support to our area of expertise: support is provided to issues related to our service only and does not extend to operating system configuration or application specific issues (viz. CGI programming, HTML coding). ASERTY does not provide technical support to your clients. If you can email, we encourage you to email for assistance. Moreover, the help facility of the program you are using may have the answer to your question so please do investigate these resources before calling technical support.

      Calls or email to technical support which are determined to be not related to our service may incur a service charge.

    16. Spam and Unsolicited Commercial email (UCE): ASERTY does not permit the use of its facilities to send Unsolicited Commercial email (UCE), or spam. Clients of ASERTY may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

      1. Violation of ASERTY's UCE policy will result in severe penalties. Upon notification of an alleged violation of our UCE policy, ASERTY will initiate an immediate investigation (within 48 hours of notification). During the investigation, ASERTY may restrict the Client access to the network to prevent further violations. If the Client is found to be in violation of our UCE policy, ASERTY may, at its sole discretion, restrict, suspend or terminate the Client's account. Further, ASERTY reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ASERTY will notify law enforcement officials if the violation is believed to be a criminal offense.

      2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that ASERTY personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

      3. As our clients are ultimately responsible for the actions of their own clients over the ASERTY network, it is advisable that the Client develop a similar, or stricter, policy for their clients.

    17. Network

      1. IP Address Ownership: If ASERTY assigns the Client an Internet Protocol address for the Client's use, the right to use that Internet Protocol address shall belong only to ASERTY, and the Client shall have no right to use that Internet Protocol address except as permitted by ASERTY in its sole discretion in connection with the Services, during the term of this Agreement. ASERTY shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Client by ASERTY, and ASERTY reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that Clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

      2. Bandwidth and Disk Usage: ASERTY does not limit bandwidth usage.

        Nevertheless, ASERTY, at its sole discretion, may cause the Client's connection to be set at a reduced capacity ("speed throttling") where it is determined that the Client connection may be the cause of throughput congestion. These capacity reductions typically are of short duration and are applied during peak activity periods only.

        The Client agrees that disk usage shall not exceed the number of megabytes per month for the Services ordered ("Agreed Usage") by the Client on the Request for Service order form or by limits which may be assessed from time to time. ASERTY will monitor the Client's disk usage. ASERTY shall have the right to take corrective action if the Client's disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ASERTY's sole and absolute discretion. If ASERTY takes any corrective action under this section, the Client shall not be entitled to a refund of any fees paid in advance prior to such action.

      3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the ASERTY Network. Violations of system or network security may result in civil or criminal liability. ASERTY will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

        1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

        2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

        3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

        4. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

        5. Taking any action in order to obtain services to which such User is not entitled.

    18. Notification of Violation:

      1. ASERTY is under no obligation to monitor activities its clients or users to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

      2. First Violation: Any User, which ASERTY determines to have violated any element of its AUP, shall receive an email at their ASERTY email address, warning them of the violation. At ASERTY's discretion, the service may be subject to a temporary suspension pending an agreement, in writing, from the Client that they will refrain from any further violations.

      3. Second Violation: Users that ASERTY determines to have committed a second violation of any element of its AUP shall be subject to immediate suspension or termination of service without further notice.

      4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing harm to parties on the Internet. In particular, if open relays are on your network or a client's network, or if denial of service attacks are originating from your network. In certain instances, it may be necessary for ASERTY to drop the IP space before attempting to contact you.

      5. Service suspensions may be subject to a reconnect fee.

    19. Suspension of Service or Cancellation: ASERTY reserves the right to suspend network access to any of its clients if in the judgment of the ASERTY network administrators that Client's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ASERTY chooses. If inappropriate activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement may be contacted regarding the activity. The Client will not be credited for the time the services to the Client were suspended.

    20. Proprietary Rights: By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively, "Communications") in or through ASERTY Internet, you are granting to ASERTY a perpetual, worldwide license (the "License") to use, copy, modify, adapt or document such Communications. ASERTY shall use the Communications solely in conjunction with providing, promoting, distributing or otherwise exploiting the Service. The Licenses does not, however, grant ASERTY any ownership rights in or to your Communications. You shall have no recourse against ASERTY for any alleged or actual infringement of any proprietary rights to which you may claim ownership. ASERTY or our suppliers own all rights, title and interest in and to all components of the Service, but expressly excluding content owned by third parties which may be accessible through the Service and/or the Internet generally. ASERTY's ownership rights in the Service include, but are not limited to, the look and feel of the end-user interfaces associated with the Service, the name of the Service, and the collective works consisting of all public messages on the Service. You may not reproduce any sequence of messages from our Service without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the Service which we or our suppliers own, or (ii) any service, information or materials supplied by a third-party content provider and which you may access through ASERTY Internet.

    21. Right to Amend: ASERTY reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of ASERTY must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your own users in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter terms and conditions or otherwise called acceptable terms of use policy.

    22. Indemnification: ASERTY wishes to emphasize that in agreeing to the ASERTY AUP and TOS, the Client indemnifies ASERTY for any violation of its AUP and TOS that results in loss to ASERTY or the bringing of any claim against ASERTY by any third-party. This means that if ASERTY is sued because of an action of the Client, or a client of the Client, the Client will pay any damages awarded against ASERTY, plus all costs and attorney's fees.

    23. Servers: You may not use ASERTY service to operate an Internet service. This prohibition includes, but is not limited to, Web servers, email servers, IRC servers, Gopher servers, FTP servers, or News servers. This includes Peer-to-Peer file sharing. If it has been discovered that you have been using your ASERTY service in violation of this prohibition: For Residential plans, ASERTY is entitled to re-invoice you for all services at the current full Commercial rate for the entire past use of this service. For both Residential and Business plans, ASERTY is entitled to impose a bandwidth surcharge based on current bandwidth charges.

    24. Gateway Limitation: Except for those designated as being "Commercial", aserty service plans may not be used to undertake commercial enterprises. This includes selling advertising. Non-profit organizations may display banner advertising of their sponsors and provide links to their sponsor Web sites. Sponsor Web sites must conform to the restrictions of the ASERTY AUP.

    25. Miscellaneous Provisions: You must provide us with, and keep current, correct contact information for you. email, telephone contacts, and postal mail are used, in that order of preference.

      1. A waiver by ASERTY of any breach of any provision of this Agreement by the Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

      2. The Client shall not transfer or assign this Agreement without the prior written consent of ASERTY. ASERTY may assign Agreement at anytime without consent from or notice to the Client. ASERTY reserves right to cancel the Client's rights under this contract at anytime without further obligation.

      3. ASERTY takes no responsibility for any material input by others and not posted to the ASERTY Network by ASERTY. ASERTY is not responsible for the content of any other Web sites linked to the ASERTY Network; links are provided as Internet navigation tools only. ASERTY disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

      4. ASERTY is not responsible for any damages your business may suffer. ASERTY does not make implied or written warranties for any of our services. ASERTY denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ASERTY.

    26. Applicable Laws:
      1. This agreement shall be governed by and construed according to the laws in force in the Province of Ontario.
      2. The invalidity or unenforceability of any provision of this Services Agreement or any covenant herein contained shall not affect the validity or enforceability of any other provision or covenant herein contained and any such invalid or unenforceable provision or covenant shall be deemed to be severable.

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