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Service Contract
August 1 , 2001
1.
User is a person or organization who applies for an account in order
to use TieUs as an Internet service provider. TieUs is a company
incorporated pursuant to the law of British Columbia located in
Vancouver. User accepts all terms of this contract and also agrees
solely TieUs may modify it from time to time.
2.
TieUs announces the modified contract to User by publishing it on
the web site or sending e-mail or fax. The revised contract shall
be effective after 15 days from the date of notice.
3.
No parts of this contract may be assigned, transferred, shared or
delegated by the User without the prior written consent of TieUs.
4.
This contract is signed at the beginning of the service with a chosen
period, at the end of the period, the contract shall be automatically
renew for the same period until the User terminates the contract
with a written or e-mail notice at least 15 days prior to the end
of the period.
5.
The laws of the Province of British Columbia shall govern this contract.
6.
User shall be responsible for all of the costs and expenses including,
but not limited to, legal fees and disbursements requested by TieUs
in connection with any legal or other proceedings brought by TieUs
against the User related to this contract.
7.
Any determination by a court of competent jurisdiction of liquidated
damages owing by TieUs to the User shall be limited to one month
user fee only.
8.
Service subject to terms of this contract and TieUs agrees to provide
to the User Internet service as describe on service price list from
time to time. TieUs shall disconnect the service line when either
the line shows no activity more than Twenty minutes or the user
stays on the line more than Three hours.
9.
User uses the service in a good and courteous manner, obeys the
law and respects the right of others.
10.
If the user violates the conditions stated below, TieUs may terminate
the contract without any prior notice. There will be no refund for
the remaining of the period. (a) To use the service violating the
law. (b) To misuse the data for his/her own purpose which threatens
the right of others. (c) To abuse the service of TieUs for example,mail
spam (d) To affect the right of others to obtain the service from
TieUs. (e)Has two logins that are active at the same time under
one user name and password. (f) To let someone use his/her user
name and password. (g) To post one article in many newsgroup. (h)
To connect on line for more than TieUs allowed time. (I) Has an
account overdue for more than 30 days.
11.
User shall indemnify and save TieUs and its employees harmless from
and against all claims, loss, or damages TieUs and its employees
may suffer directly or indirectly related to the User use of the
computer programs and software and the services provided including,
but not limited to, violations of the law or the rights of any person
and entity.
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12.
Under any event, TieUs shall not be responsible or liable to the User
or others for any claim, loss, or damage the User or others may suffer
as a result of association with the computer programs and software
or the services provided wither through act or omission, negligence
or otherwise, and whether direct or indirect, including, but not limited
to, incidental, special, consequential, punitive, aggravated or exemplary
damages, or loss of use, data, business, income or profits, even if
the User any has been advised of the possibility of such claim, loss,
damages, liability or expenses by the User or others
13.
The User takes all responsibility and liability related to the content
of any information transmitted to others over the Internet including
information placed by the User homepage on business web site or
his/her own personal web.
14.
TieUs makes no representations or warranties of any nature whatsoever
with respect to the provision and the installation and use by the
User of any computer programs and software and associated manuals
and information provided by TieUs or on its behalf from time to
time, and with respect to the use of the Internet service and any
other services provided by TieUs or on its behalf from time to time,
including, without limitation, any representation or warranty with
respect to the network transmission capacity of the common carriers
used by TieUs and further including without limitation, any representation
or warranty with respect to accuracy or quality, and the implied
warranties of merchant ability and fitness for a particular purpose.
All items are supplied and provided at as is basis, and all uses
are at User's own risk.
15.
Although the information contained in TieUs World Wide Web servers
has been obtained from sources believed to be reliable, TieUs do
not represent that it is accurate or complete or should be relied
upon. Therefore TieUs disclaim all liabilities arising out of the
accuracy and completeness of the contents on TieUs World Wide Web
servers.
16.
The contents and information found on TieUs World Wide Web servers
are subject to change without notice.
17.
Personal web is for individual User to create and use his/her own
personal homepage for the transmission of information to others
over the Internet. The nature of content should be always non-commercial.
18.
When TieUs finds out that the User advertises product or service
at personal web or uses web doing any illegal activity or published
pornographic content on the web, TieUs reserves the right to refuse
and remove the Users' service and web content in whole or in part
from its World Wide Web servers without prior notice. The entire
remove cost shall be at the User expense.
19.
User agrees to pay TieUs for the services provided in advance and
in the amount stated on TieUs service price list at that time. Payment
shall be made on the first day of each term by cash, check, credit
card or pre-authorized Check. Any overdue accounts will be charged
interest at the rate of 24% annually, and there is a $20 charge
for all returned items from financial institution.
20.
TieUs reserves the right to change the service fee charged to the
User. TieUs will issue new service price list and notify the User
at least one month prior to the start of a new term by published
it on the web site or sending e-mail or fax.
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