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Online Copyright Infringement Notifications (Last Updated Nov.11, 1999) AGREEMENT FOR MINTARIX VIRTUAL SERVICES FOR VIRTUAL SITE SERVICES This Mintarix Virtual Service( "Service") is being provided to you, the end-user ("You"), by Mintarix Virtual Services ("We" or "Us"). The Mintarix Virtual Service and any unique country terms are listed in Attachment A. Please read the accompanying materials and all pages of this agreement (collectively referred to as "Agreement") before proceeding. You are authorized to access and use this Service when You have completely filled in all the required registration information and indicated Your agreement with terms of this Service as described in the registration instructions. This Agreement, its Fee Schedule and Your registration information are the complete agreement between You and Mintarix Virtual Services regarding this Service and replace any prior oral or other communications between us. In case of any conflict between the Agreement and its Fee Schedule, the Fee Schedule shall take precedence. YOUR ACTION IS REQUIRED TO CANCEL THE SERVICE. CANCELLATION MAY BE PROCESSED BY EMAIL TO MINTARIX VIRTUAL SERVICES. 1) Charges You will incur Registration charges as specified in the Fee Schedule for Mintarix Virtual Services when using this Service. We may, at Our option, elect to accept Your credit card for payment. If You have provided us with Your credit card for payment and We have accepted this mode of payment, all charges that You incur for use of the Service will be debited to the credit card number You provide to Us. Should You decide not to use the Service, You must cancel Your registration or You will be invoiced for the relevant charges for the Service. Should this credit card number expire or should We otherwise be unable to debit valid charges to this credit card number, We may immediately and without notice withdraw Your site for the internet. We may take commercially reasonable actions to validate Your credit card. 2) Description Under this Agreement, We provide You a virtual site on the internet. With regard to Internet offerings, You are responsible for: 1. determining what offerings are available via the Internet and whether or not an offering meets Your requirements; 2. obtaining user IDs in order to access other offerings and contacting the provider directly if You have problems with their offering; 3. obtaining and adhering to all other terms associated with usage of Internet, a specific Internet offering, or an intermediate provider's offering which We use for access to the Internet. 3) Access to Internet Service Description We provide only a Virtual Site on the Internet. We do not own or control all of the various facilities and communication lines through which access may be provided. Accordingly, We shall not be responsible for user/access security. Each Internet provider owns, maintains, and/or supports its offering. Availability and content of an Internet offering are the responsibility of the Internet offering provider. Certain Internet offerings may contain language or pictures which some individuals may find offensive, inflammatory, or of an adult nature. Such contents are the sole responsibility of the Internet offering provider. We do not endorse such materials and disclaim any and all liability for their content. 4) Electronic Communications Each of us may communicate with the other by electronic means as described in this Agreement and its registration information. Each of us agrees to the following for all electronic communications: 1. the User Identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; 2. an electronic communication sent by You containing Your User Identification establishes You as its originator and has the same effect as a document with Your written signature on it: and 3. an electronic communication, or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication. 5) General Terms Each of us agrees that: 1. all information exchanged by both of us is nonconfidential; 2. unless otherwise provided for in this Agreement, either party may terminate this Agreement, with or without cause, by giving notice to the other, in such case the Agreement will terminate at the end of the month in which notice is given; 3. any terms varying from this Agreement in any order, written or electronic communication from You are void; 4. neither of us grants the other any license to use either party's patents, copyrights, trade secrets, or other intellectual property rights; 5. neither party will bring a legal action more than two years after the cause of action arose; 6. if any provision of this Agreement is determined to be invalid, all other provisions shall remain in force; 7. BCTEL CODE OF CONDUCT; All parties agree to also follow the code of conduct of the upline ISP BCTEL. 8. this Agreement and all Your rights and obligations are governed by the laws of the country in which Mintarix Virtual Services is located (CANADA); and 6) Our Responsibilities We will: 1. provide You with a User Identification code to enable access to the Service. The Service allows You to enter and maintain Your registration information; 2. send any electronic notice to You at the User Identification code We provide You; 3. provide You electronic or written notice if We change or terminate this Agreement, increase Service charges, or change invoicing procedures. Such changes shall be effective immediately; and 4. provide access to the current Agreement and any succeeding Agreement, as applicable so that You may retrieve it or view it online. 7) Your Responsibilities You agree: 1. to review any Agreement updates We provide. Your continued use of the Service shall be construed as Your acceptance of the updated Agreement terms; 2. to provide to Us, Your accurate and truthful registration information (such as Your name, address, telephone number and credit card information) and to keep current all registration information, using the Service; 3. that We may use Your name, User Identification code and other identifying information in Our user directory; 4. not to assign, or otherwise transfer, this Agreement or Your rights under it, delegate Your obligations, or resell the Service. Any attempt to do so is void; 5. that You are responsible for the results obtained from the use of the Service; 6. not to introduce viruses, worms, harmful code and/or trojan horses on the Internet; 7. to obtain, install, and maintain suitable equipment and software as necessary to access the Service; 8. not to use the Service for any criminal or illegal activities, or post any information that might be legally actionable; 9. not to use the Service for spamming or flaming to hack or otherwise obtain unauthorized access; 10. not to seek redress from the Mintarix Virtual Services if You are harmed or offended by information, products or services which You access through the Service or other Internet offering provider's service; 11. be responsible for accurately addressing information sent using the Service; 12. to obtain all required permissions if You use the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws; 13. to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data; 14. not to delete or alter author attributes or copyright notice, unless expressly permitted in writing by the author or owner; 15. to give all required notices under this Agreement by Emailing Mintarix Virtual Services; 16. to pay any taxes, including personal property taxes, resulting from Your use of the Services provided under this Agreement. This does not include taxes based on Our net income; 17. to pay charges for all Service usage You incur by any means; 18. to have the invoice sent directly to You and to pay Internet offering provider charges if associated with Your usage of their offering; 19. to promptly notify Us if you suspect unauthorized use of the Service or your User Identification. Until notified, You remain responsible for unauthorized use. Liability for use of a credit, debit or charge card remains subject to Your agreement with Your card issuer; 20. to provide Us with the requested identification when requesting password reset or in connection with other security matters; and 21. to indemnify the Mintarix Virtual Services and Our Licensors for any damages or costs associated with Your breach or failure to perform Your responsibilities hereunder. 22. expected to be familiar with and to practice good Internet etiquette (Netiquette). YOU will comply with the rules appropriate to any network to which Mintarix Virtual Services may provide access. YOU will not post, transmit, or permit Internet access to information YOU desire to keep confidential. YOU are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Mintarix Virtual Services by offended users. Mintarix Virtual Services reserves the right to refuse or terminate service at any time. YOU will indemnify Mintarix Virtual Services and hold Mintarix Virtual Services harmless from any damage to Mintarix Virtual Services' business, service, equipment, network(s) operations, or reputation resulting from YOUR actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort. 8) Disclaimer of Warranty and Limitation of Liability WE WARRANT THAT, IF AN END-USER IS DISSATISFIED WITH THE SERVICE OR ANY FEATURE PROVIDED IN OR THROUGH THE SERVICE, UPON NOTICE FROM THE END-USER, WE WILL TERMINATE THE AGREEMENT AND, UPON REQUEST REFUND THE UNUSED PORTION OF ANY PREPAID FEES FOR THE CURRENT MONTH AND ANY FUTURE MONTHS, LESS ANY BALANCES OTHERWISE DUE US. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY. THE SERVICE, PROGRAM AND ANY OTHER PRODUCT WHICH WE PROVIDE TO YOU AS PART OF OUR SERVICE ARE PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER WE NOR OUR LICENSORS MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO OUR PROGRAM, SERVICE, AND/OR RELATED PRODUCTS THAT WE OR OUR LICENSORS PROVIDE OR THE SERVICE AND/OR PRODUCTS OF ANY OTHER SERVICE PROVIDER. DO NOT USE THE PROGRAM, SERVICE OR RELATED PRODUCTS IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. WE DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S). ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED. WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE PROGRAM, SERVICE OR PRODUCTS ARE ERROR-FREE. WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES. WE, INCLUDING OUR LICENSORS, DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS OR USE OF THE PROGRAM, SERVICE, AND/OR RELATED PRODUCTS WE PROVIDE OR ANY OTHER SERVICE PROVIDER'S SERVICE OR PRODUCTS INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT ARE WE OR OUR LICENSORS LIABLE FOR : A) DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS; OR, B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. This Section applies to all claims by You irrespective of the cause of action underlying Your claim, including, but not limited to: a) breach of contract, even if in the nature of a breach of condition or a fundamental term or a fundamental breach, or b) tort, including but not limited to negligence or misrepresentation. In no event are We or Our Licensors liable for any damages arising from Your failure to perform Your responsibility in connection with this Agreement, or arising from any cause beyond Our control, including but not limited to delay in the performance of Our obligations or misuse of Your Userids. All limitations and disclaimers stated in this Section also apply to Our Product Licensors as intended beneficiaries of this Agreement. Any rights or limits stated herein are the maximum for which we are collectively responsible. 9) Your Additional Rights You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, Our exclusions or limitations may not apply to You. 10) Handling of Your Information We maintain security procedures for your data while it is stored on or transmitted over equipment and facilities we control. You are responsible for management of Your data stored on or transmitted over our network. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space You control, and your selection and use of the security facilities and options that We provide as Services. Apart from the Services We provide, You are responsible to develop and maintain any security procedures You deem appropriate, such as logon security and encryption of data, to protect Your information. Solely for the purposes of network maintenance and security, We may need to view and work with portions of the data You transmit over our network such as address header information. You agree that We may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute Your data domestically and internationally for such purposes. We agree not to reverse assemble, reverse compile, or to disclose to third parties the information You transmit over our network while using the Service (unless required by law, court order, an authorized government entity, or as otherwise authorized by You). Either of us is free to use an idea, concept, know-how, or technique developed or provided by the other or developed jointly by both of us, subject to patents and copyrights held by the other party. 11) Service Availability and Access This Service is generally available daily, seven days a week, except for maintenance. Service maintenance generally takes place from 3 a.m. until 5 a.m. ( Pacific time) on Sunday. In addition, the registration facilities are generally not available from 5 p.m. Friday until 8 a.m. ( Pacific time) on Monday. However, We may at anytime without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities. 12) Miscellaneous You represent that You are not a specifically designated individual or entity under any Canadian embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the Canadian Government limiting, barring, revoking or denying, in whole or in part, Your Canadian export privileges. You agree to notify Mintarix Virtual Services immediately in the event You become subject to any such order. We reserve the right to immediately withdraw the Service (in whole or in part) from You if, in Our opinion, Your use of the Service is disruptive, causes a malfunction of the Service, violates the terms of this Agreement, if We receive information that the Service or Your use of the Service (or any part thereof) may violate any copyrights or other intellectual property rights of Ours or a third party or any other applicable laws and regulations (including but not limited to Canadian export regulations), or if We receive an order from a court of competent jurisdiction requiring Us to do so. If You connect to the Service automatically, without manually entering Your User Identification code, You must understand that anyone, including a child, who has access to Your computer can also gain access to the Service or other services that You disapprove of and could abuse Your personal registration information. Attachment A Country Unique Terms The following terms are country specific amendments to this Agreement. All Agreement terms not specifically modified or deleted by these amendments remain in effect. A.1 Canada. The laws of Canada and the Province of British Columbia govern this Agreement. To Top Our goal at Mintarix Virtual Services is to provide a high quality Internet service to our customers. To ensure our high standards are met, we have certain responsibilities regarding the use of our network. The Acceptable Use Policy below describes activities which Mintarix Virtual Services considers to be violations of the terms of the Agreement for Mintarix Virtual Services (Terms of Service) and which are therefore prohibited. The examples listed are not exhaustive and may change from time to time. They are provided solely for guidance to Mintarix Virtual Services customers. If you are unsure whether any contemplated use or action is permitted, please email Info@mintarix.com for assistance. Please be advised that Mintarix Virtual Services intends to exercise its rights under the Terms of Service to immediately terminate service, without notice, to any account which has been used in a manner that is disruptive or is otherwise in violation of the Terms of Service. Actions which Mintarix Virtual Services considers violations of the Terms of Service include the following: SYSTEM AND NETWORK
USENET
BUSINESS and PERSONAL WEB SPACE
To Top In Canada, the following is Mintarix Virtual Services' agent to receive notifications of claimed infringement:
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