The following agreement is a service contract between the client as entered (hereafter referred to as the undersigned and/ or the service taker) and Thunderstar Communications a division of 1377566 Ontario Limited. Hereafter known as Thunderstar or Thunderstar Communications.
The undersigned agrees that he/she is aware that internet access can provide a wide area of public exposure to any user given access and therefore agrees to accept full responsibility and liability for physical and intellectual effects incurred by anyone accessing the internet via his/her account on this service including family, friends, children, minors or anyone else that has occasion to use this service via his/her account (the contracted internet service).
The undersigned agrees to full responsibility and liability for the physical and intellectual effects of materials viewed, sent, received or acted upon via this service which can include sexual or violent material, mail or communications of any kind, material expressing or eliciting hate or criminal behavior toward any religious, political or minority group or individual, abuse of copyrighted material of any kind, computer viruses or software of a damaging nature. The undersigned also acknowledges that the service provider (Thunderstar Communications) has warned the subscriber of any such activities at this time.
The undersigned agrees to inform any casual or occasional user, particularly minors, not to give out their physical location or any information to anyone without the express permission of their legal parent or guardian and that he/she assumes full liability and responsibility should he/she or a minor on the system do so.
The customer agrees not to bring about the use of the name, marks, promotions or logos of Thunderstar or any franchise or agent from a Thunderstar site or any other internet access point, link, or other media and acknowledges that such actions are a direct violation of copyright and/or liable law. All links and references to the above use of Thunderstar are to occur only through written permission from Thunderstar's Board of Directors.
It is understood that Thunderstar's Role in the transmission of internet services are in a reseller role and that Thunderstar Communications is not responsible for any content or information Downloaded through or from its service or equipment. Further it is understood and acknowledged that the Service Taker assumes full responsibility for all materials posted to Email, Chat Services, Webpages and any other form of electronic transmission or midium involving Thunderstar Communications facilities and understands that such activities are out of the sight and control of any day to day monitoring that might occur. It is understood that Thunderstar Communications in this regard is a common carrier of electronic signals transmitted to and from receipt points and that it bears no responsibility for the encodeing, decodeing, security, privacy, theft, lestruction, legality decency or any enterpretation legal or otherwise of such signals or communications Or the results of such communications and that the transmission or receipt of such signals is the sole responsibility of the service taker or individls useing the service. Thunderstar is released by the undersigned service taker for any such liabilities incurred and further acknowledges his own personal responsibility for liabilities incurred through such actions and that they are not in anyway the responsibility of Thunderstar Communications. It is understood that the service taker knows that Any information posted to the internet via Thunderstar Communications is subject to monitoring by Thunderstar or the legal authorities of Canada and that he is personally responsible for his information and communication. Further It is understood that the service taker holds sole responsibility for the integrity security storage and backup of any information posted transmited or stored on a Thunderstar server or any other system or facility owned or connected to Thunderstar Communcations. The Service taker releases Thunderstar from responsibility for such information, storage, or any loss or Liability due to loss or destruction of such information or communication. The service taker acknowledgs personal liability for information he posts or transmits via Thunderstar facilities and that any such information retreived or transmited by connection to Thunderstar Communcations is to be legaly obtained throguh the public domain. The service taker acknowledges that he is not authorized by Thunderstar Communications to obtain private information without permission of its duely authorised author and that he bears sole responsibility for such actions and liability to Thunderstar Communications for damages should he do so or attempt to do so. This includes All forms of email, transmission of files in any form receipt of files or information in any form, copyrighted software or materials,literature books, materials considered to be sensitive, information content or data deemed confidential or from confidential or copyrighted sources and any other type of receipt of service via an electronic media accessed or posted to via Thunderstar Communications facilities.
The undersigned acknowledges that this service, as it is carried via standard phone lines poses no threat to his/her premises or equipment and therefore accepts full responsibility and liability for any damaged to said equipment or premises and agrees also not to transmit such material as stated herein (specifically illegal items, material violating copyright laws, pornography, explicit sexual materials, hate literature as mentioned above, computer viruses or programs that are destructive to data or equipment, etc.) to the internet via this service. The undersigned service taker agrees that should he/she do so Thunderstar Communications reserves the right to terminate the service without refund of any unused service for any reason. The service taker agrees to responsibility for and assumes liability for any damages incurred through the use of this service and to the release of reports and evidence of such activities to aplicable Law Enforcement organizations/officers.
The undersigned agrees that he/she has read this agreement and agrees to it as a contract between himself/herself and Thunderstar Communications, agrees to the above terms and promises to pay on demand for any services contracted from the date signed below. The undersigned fully acknowledges Thunderstar Communications the unconditional right to disallow posting of any information via its service or equipment for any reason without question and the customer waves any legal claim against Thunderstar for service delivery and performance outside of Thunderstar's immediate domain. (thunderstar.net) or any other connected domain.
Thunderstar reserves the unconditional right to terminate the account of any service taker in violation of the above or who fails to pay for the service within fifteen (15) days of billing. Thunderstar Communications agrees to exchange for its billing fee twenty four (24) hour access to the internet services as contracted with the only exceptions caused by fire, theft, power or telephone line failure where termination exceeds built in fail-safes within the Thunderstar network.
The service taker releses Thunderstar from any responsibility or damages, expenses or hardship of any kind due to the turning over of any information in its posession includeing contractual information to legal Government or Law Enforsement agencies or members of the media be they foreign or Domestic should such information be deemed necessary to any legal investigation within Canada and the service taker waves any right to annonymity under such circuimstances. The service taker releases all such information into the public domain in posting to the internet or signing this service agreement.
The service taker understands also that under most normal circuimstances all information rendered will be handled responsibly and with discression wherever legally possible.
The service taker understands and recognises the right of Thunderstar Communications to turn over and report any violation of the laws of Canada or its various provinces and municipalities to applicable Legal Authorities and releases Thunderstar Communications and its staff from any legal or cival liability in doing so.
The service taker additionally understands that Thunderstar has and enforces an imediate shutdown rule as regards any posted document,e-mail, usenet news article or representation posted on a Thunderstar server under a customers account or otherwise should it be deemed, Illegal, pornographic, offensive, discriminatory or otherwise inapropriate as a posting on a Thunderstar server . Further the Service taker recognizes the Webmaster of Thunderstar Communications as the sole final authority and decision maker under such circuimstances and agrees to abide by his decisions on such matters without exception while a member or service taker of this organization.
The Service Taker agrees that all billing Instructions are To be given to Thunderstar Communications Accounts Manager by the service Taker via phone, Fax or by postal service and are not binding unless acknowledged by the accounts manager in writing and that such instructions pertaining to billing ,credit information, account cancelation or modification are vailid ONLY after receipt is acknowledged in writeing by the accounts manager and NOT BY ANY OTHER THUNDERSTAR STAFF MEMBER OR EXECUTIVE other than the accounts manager. It is understood that Notice of termination or suspension of service is not acceptable by electronic mail or posting of any communication to the internet or any other electronic media. Further it is acknowledged that in the event of temination of service any such instructions must be given and acknowledged 30 days in advance of billing Termination. And that it is the sole responsibity of the service taker to do so. The service taker releases Thunderstar Communications from any liabilities in connection with billing, failure to terminate or otherwise just billing arangements. It is also understood and agreed that the service taker waves any right to refund of services contracted and paid for under this agreement for any reason and that such actions are relegated totally to the discression of Thunderstar Communications. And releases Thunderstar Communications from any liability in connection with such activities.