1. By accessing this Wood River Internet web site (“Site”) you agree to be bound by the following terms (“User Terms”). This Site is operated by Wood River Internet (“WRI”). “You” and “your” refer to users of the Site. The Site is the property of WRI and its licensors. IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT USE THE SITE. WRI reserves the right, at its sole discretion to change, add or remove portions of these User Terms, at any time. It is your responsibility to check these User Terms for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Providing that you comply with these User Terms, WRI grants you a personal, non-exclusive, non-transferable, limited permission to enter and use this Site.
2. These Terms of Service (the “Terms”) govern the relationship for all services ordered or purchased by a customer (the “Customer”) and for the services the Customer agrees to subscribe to from WRI. All terms herein shall form part of the Service Agreement(s), residential, commercial, retail or wholesale or other subscription or order from acknowledged and/or executed by the Customer to acquire services (the “Services”) from WRI to be delivered to or provisioned at a customers’ premises as stated by the Customer within the order form, subscription or service agreement (the “Customer Premises”). These Terms shall govern the relationship between WRI and the Customer whose name appears on the Service Agreement, subscription, registration, or order form, whether in paper or online via the Internet or other electronic means (collectively, the “Agreement”) and the terms shall apply to every Service WRI offers, unless otherwise specified. Any additional Services the Customer contracts to receive from WRI, shall be covered in a separate Service-specific agreement, order form or subscription and shall be deemed to be appended to these Terms and identifies as being incorporated herein if so appended. Except as otherwise or additionally outlines in the applicable service-specific agreement(s), these Terms shall apply to all WRI Services.
3. BY ACTIVATING OR USING WRI SERVICE(S), THE CUSTOMER REPRESENT THAT THEY ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Use of COMPANY Service constitutes acceptance and agreement to WRI AUP (Acceptable Use Policy) as well as WRI TOS (Terms of Service).
No Warranty or Representation
While WRI use reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Neither WRI, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if WRI has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the content of this Site may occur without notice.
Use of Information
The information on this Site is for informational purposes only. You agree that you will use the Site and any Content found on the Site solely for your personal, lawful purposes and that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against WRI, its suppliers, or affiliates. You may not:
1. post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on the Site: • constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; • which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder; • promoting racism, bigotry, hatred or physical harm of any kind against any group or individual, • could be harmful to minors, or harasses or advocates harassment of another person; • which solicits passwords, personal information, funds, goods and/or services or otherwise solicits information for commercial or unlawful purposes • that contains advertising;
2. engage in any conduct that impersonates any person, licensed professional, business or entity, including WRI and our employees and agents;
3. otherwise use this Site in a way that is contrary to law or which could adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components. WRI reserves the right (but not the obligation) at our sole discretion to refuse or delete any User Content and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of these User Terms or for any other reason.
This Site may contain links to other web sites that are not under the control of WRI. WRI is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. WRI provide links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation, or verification by WRI of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.
All text, comments, messages information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video and code, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing, (together “Content”) on the Site is proprietary and is owned, controlled or licensed by or to WRI, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws. Except as permitted by these User Terms or otherwise by Canadian laws, no part of the Site and no Content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted, or distributed in any form or by any means or stored in any retrieval system of any nature in any way without WRI’ consent. You may use information on WRI products and services from the Site provided that: you do not remove any proprietary notices, (ii) such is use is for personal, non-commercial purposes, (iii) you do not share or make accessible such information on any networked computer or broadcast of any sort, (iv) you make no modification to such information and (v) you do not make any claims, representations or warranties with respect to such information.
By posting or uploading to the Site any text, comments, messages, information, data, graphics, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video, code or any other form of content or information (collectively “User Content”), you warrant that you own all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses (hereafter “clearances”) with respect to your User Content and that neither you nor any third party will object to the use of your User Content by WRI in any manner; (ii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Site as applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Content; (iii) acknowledge and agree that WRI is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (iv) acknowledge and agree that any User Content that you provide for display on the Site will be considered non-confidential. WRI may edit or remove any or all User Content whether or not it is in violation of the provisions of these User Terms. WRI is not responsible for User Content in any way. You hereby grant to WRI a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sublicence any and all material or information submitted by you to WRI and/or to incorporate it in other works regardless of form, medium or technology and you waive any and all moral rights in the foregoing in favor of WRI. If you post User Content to any part of the Site, you understand and agree that anyone with access to the Site will be able to access, use and/or disclose any information that you include in any such content (including, without limitation, any personal information such as your name, e-mail address, etc.). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the Site. You understand and agree that WRI shall not be liable for any access to, use of or disclosure of any information you include in any such User Content.
1. Illegal Use: The Services are not to be used for any unlawful or illegal purpose. The use of the Services by the Customer shall comply with all applicable government codes, ordinances, laws, rules, and regulations.
2. Sharing / Reselling of Services: The Services are not to be shared or resold to any party, except with the written consent and agreement of WRI, or where such resale or sharing may cause WRI to violate the terms of its interconnection or other arrangements with other carriers or the rules and regulations of CRTC.
3. Violation of System/Network Security: WRI reserve the right to pursue civil or criminal action against the Customer and to cooperate with law enforcement in actions including:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the system/network or breach security or authentication measures without prior authorization, including “cracking”;
• Unauthorized monitoring of data or traffic on the network/ system;
• Interfering with Service to any other user, host or network including, posting/transmitting information or software containing a virus, lock, key, worm, Trojan horse or other harmful or debilitating feature, mail bombing, flooding, hacking, broadcast attacks and deliberate or negligent attempts to overload the system;
• Forging TCP-IP packet header or any part of the header information in an email or newsgroup posting;
• Disrupting WRI backbone network nodes or Service;
• Invasion of another person’s privacy or committing fraud with the use of another person’s identity;
• Failure to maintain computer equipment and related hardware which causes or may cause damage to WRI network, system or Services.
4. Third Party Use of Services: The Customer shall not permit third parties to use the Services, including without limitation, initiating any transmission from the Customer’s Premises, and the Customer shall not itself initiate any transmissions from the Customer’s Premises on behalf of any third party, except where such initiation or transmission comprises part of the primary business of the Customer to resell WRI Services and with the prior written agreement.
5. Email, Usenet and Voice Mail Facilities: The Customer shall not use the Services to send unsolicited messages including advertising and information announcements or post the same or similar messages to one or more newsgroups or for mass distribution, including cross-posting or multiple-posting, bulk mailing, and junk mailing, also known as “Spam”, chain letters or pyramid schemes (which actions shall be hereinafter referred to as “SPAM”). If a recipient asks the Customer to stop sending SPAM, (whether by fax, voicemail, or e-mail), then the Customer must immediately suspend delivery and not send any further messages to that person or persons. In addition, the Customer shall not use any third-party entity or entities that sends, redirects, or posts Spam on the Customer’s behalf to advertise services that are hosted by or connected to the WRI Internet network. The Customer must also refrain from posting advertisements in newsgroups whose Frequently Asked Questions (FAQs) / chargers explicitly prohibit it. It is the Customer’s responsibility to be aware of such restrictions particular to different newsgroups. SPAM (as defined in our AUP and above) is strictly prohibited. WRI has a ZERO TOLERANCE policy toward SPAM and WRI will take steps to limit the Customer’s use of WRI services and the WRI Internet network in the event the Customer does not abide by this policy or inadvertently allows its computers and or persons using the Customer’s computers, facilities and equipment to generate, send or redirect SPAM. The Customer hereby agrees to permit WRI to take whatever steps are necessary to limit SPAM generation from the Customers computers and to fully cooperate with WRI in eliminating SPAM from the WRI network. The Customer agrees such steps may include termination of the Customers service.
6. Faking or forging an Internet Protocol (“IP”) address other than the ones allocated to the Customer by WRI (sometimes referred to as “spoofing”) is prohibited.
WRI may immediately and, without notice, suspend or terminate the Customer’s Service and terminate the Agreement immediately for the Customer’s failure to comply with WRI’ Acceptable Use Policy set out in this Section. For greater clarity, any such violations of this Policy by the Customer or any third party accessing or using the Facilities shall be deemed to be violations of this Policy by the Customer. WRI reserve the right to charge the Customer for all direct and indirect costs and damages relating to any breach of its Acceptable Use Policy.
WRI is under no obligation to monitor the Site and assumes no responsibility or liability should any content on the Site be modified or altered in any way without WRI’s consent. However, you agree that WRI has the right to, without notice or liability, monitor use of the Site and monitor, review and retain such content, material or information; and/or (ii) disclose to third parties any information or any content, material or information associated with the Site by or about you or your use of the Site if WRI believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce these User Terms or other WRI user terms, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. WRI reserve the right in its sole discretion to issue any response it considers appropriate if WRI become aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property rights.
WRI attempt to be as accurate as possible. However, WRI do not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free. If a product offered by WRI is not as described, your sole remedy is to return it in accordance with the Return Policy posted on this Site or any other applicable return policy. Price and availability information is subject to change without notice.
You are responsible for maintaining the confidentiality of any WRI account that you may hold, including all login usernames and passwords that you may use to access any part of the Site. You are similarly responsible for all uses of your WRI account through the Site whether or not such uses are actually authorized by you. Please also review our other policies such as Security, Copyright, Privacy, Shipping and Delivery, Acceptable Use Policy and Return Policy posted on the Site. These policies also govern your visit to this Site and are incorporated into and considered part of these User Terms.
You acknowledge that you have read the WRI Privacy Commitment (as it may be updated from time to time) (the “WRI Privacy Commitment”) and hereby consent to the collection, use and disclosure by WRI and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the WRI Privacy Commitment. WRI’ use of customer information is also subject to applicable terms and conditions including those contained in WRI’ General Terms of Service (as amended from time to time), copies of which are available at www.wrinternet.com.
WRI assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site
Right of Indemnification
You agree to defend, indemnify and hold WRI, its suppliers, alliance partners, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these User Terms by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
Limitation of Liability
Under no circumstances, including but not limited to one or more of the following: negligence, gross negligence, negligent misrepresentation or fundamental breach; shall WRI, its alliance partners, suppliers, affiliates and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results directly or indirectly from the use or the inability to use any content or information on the Site or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that neither WRI nor its alliance partners, suppliers, affiliates, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive, unlawful or illegal conduct of any user including you.
WRI’s failure or delay in insisting upon or enforce strict performance of any provision of these User Terms shall not be construed as a waiver of any provision or rights.
By visiting the Site, you agree that these User Terms shall be governed by and construed in accordance with the laws of the province of Saskatchewan and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.
All prices are quoted in Canadian dollars and do not include applicable taxes or shipping and handling.
The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
The Site originates in Canada. WRI’ products and services are offered in WRI’ operating territory. Some products and services referred to on the Site may not be available in parts of WRI’ operating territory or may not be compatible with certain services.
WRI and you acknowledge and agree that: (a) the charges for, and availability of, any content supplied by WRI through this Site are in no way contingent or conditional on your subscription for the provision of any tariffed or tariffable service from a WRI affiliate; and (b) non-forborne services, and bundled services that include non-forborne services, are required to be provided, and shall only be provided, in accordance with tariffs approved by the Canadian Radio-television and Telecommunications Commission.
Scheduled Network Downtime
To ensure that WRI Network is operating at optimal performance and reserves the right to schedule periodic downtimes for diagnosis and maintenance. All care will be taken to minimize any service disruption and to provide advance notice. Installation, inspection, maintenance, repairs and/or removal of WRI Services and equipment may result in service delays, outages or potential damage to the Customer’s computer or other equipment. The Customer thus acknowledges to make ready its own equipment and, agrees to back-up all computer and other electronic files prior to installation of WRI Services, facilities and equipment. WRI shall not be liable for any delays, damage, loss or destruction of any of the Customer’s software, files, data, business or personal losses in connection with the installation, inspection, maintenance, repairs and/or removal of WRI Services. As a precautionary measure, the Customer agrees to make alternate arrangements for Internet Services during the installation, inspection, maintenance, repairs and/or removal by WRI. The Customer also agrees to run a virus check of software prior to the installation of WRI equipment and periodically thereafter to ensure that the Customer’s computer does not contain any viruses which may interfere with the proper operation of WRI equipment and Services. WRI takes no responsibility for making alternate service arrangements for the Customer during the installation, inspection, maintenance, repairs and/or removal of WRI Services and equipment or for checking for computer viruses prior to installation of WRI equipment and Services and thus will not be liable for any delays, damages, loss or destruction to the Customer’s personal or business files, software, hardware or data as a result of the operation of WRI equipment and Services should the Customer’s computer contain a virus or for such delays in providing WRI Services.
These User Terms, including all other documents incorporated by reference herein, are binding and constitute an agreement between WRI and you with respect to your use of this Site. If any part of the User Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these User Terms and all related documents be drawn up in English.
WRI shall not be liable for any delay in the performance or for non-performance in whole or in part, of the Services and periods set out for performance of responsibilities as a result of acts of God, floods, war, fires, natural disasters, famine, earthquake, embargoes, labor disputes, casualties, civil disturbances, acts of civil and military authorities, fibre, cable, equipment or other material or component failures, fibre cuts, lack of or delay in transportation, shortages, unavailability or delay in delivery not resulting from the responsible party’s failure to timely place orders therefore, government codes, permits, ordinances, laws, rules, regulations or restrictions, or any other contingency beyond its reasonable control.
Services and Contract Term Term for Residential & Commercial Customers
Once provisioned or in the process of being provisioned, the Customer shall be responsible for payment of the Services including any installation charges and shall continue until terminated by the Customer or termination by WRI for any other reason set out in these Terms or as directed by the CRTC.
Termination of Service by Residential & Commercial Customers
If any WRI equipment is not returned within thirty (30) days following cancellation, is returned in unsatisfactory condition, is damaged or broken, WRI will charge the Customer a flat fee and the Customer is responsible for all charges as billed. Customer remains responsible for payment of all outstanding balances accrued through the effective date of cancellation as well as all disconnect fees, if any. A minimum Service Period with applicable early Termination Charge(s) may also apply.
Activation of Services
• In offering the Services to the Customer, WRI offers no guarantee of service delivery date or warranty of merchantability on the service date requested by the Customer. The Customer acknowledges that WRI shall not be liable to the Customer for any delays in delivering the Services or attempting to deliver the Services. The Customer also acknowledges that there are limitations and restrictions on the Services and, accordingly, the Services will only be provided to the Customer where technology permits and are subject to availability of service. Internet speeds are not guaranteed and may vary depending on Internet traffic and other factors.
• In the event WRI would incur unusual costs or expenses which the Customer will not pay, for example, for securing rights of way or rights of access, acquiring space in buildings, or for special construction or hardware;
• WRI has terminated the Services in the past; or WRI does not provide the requested Service in the Customer’s district. Customers do have the option to provide a security deposit as described in the next section. 2nd half of this statement does not make sense, I would remove
Reduction, Termination or Cancellation of Service by WRI – all Services
WRI may reduce, terminate or suspend the Services at its option to the Customer including, but not limited to the following circumstances:
• If the Customer defaults in the performance of or compliance with any material provision of this Agreement including, without limitation, its obligation to pay the total monthly invoiced charges, as may vary from time to time in accordance with this Agreement, and such breach is not remedied after the Customer has received notice from WRI of such breach or default;
• Fail to provide interim payments when requested by WRI;
• Fail to provide WRI with reasonable entry and access to install inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network;
• Fail to provide payment for other accounts with WRI, including amounts owed by the Customer as a guarantor for the account of another;
• If the Customer files or threatens to file a petition in bankruptcy, voluntarily or involuntarily, or become insolvent or reorganize or make any assignment for the benefit of creditors or make any arrangements or otherwise become subject to any proceedings under applicable bankruptcy laws or insolvency laws with a trustee, or receiver appointed in respect of a substantial portion of the assets of the Customer, or in the event the Customer liquidates or winds up its daily operations for any reason whatsoever;
• If WRI decide to cease to provide the Services to its customers generally, provided that WRI shall provide the Customer with a minimum of two (2) months’ written notice of such termination.
• If the Services are terminated as aforesaid and are subsequently restored to the Customer for the same or new Services, the Customer will be charged a new installation charge and/or administration fee which corresponds to WRI current standard installation charge; promotional prices do not apply.
• Upon the expiration or termination of this Agreement, the Customer shall be obligated to fulfill all obligations or liabilities arising prior to such termination any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.
Billing Policy and Payment
1. Invoicing and Payment: Monthly charges for the Services will be invoiced in advance of the period for which the service is given and are due on the due date shown on the invoice. Recurring automatic payments are due on the due date (or next banking day) in which the service is billed.
2. Installation Fees: One-time installation fees, if applicable, for setup and installation of the Services, are due and payable concurrent with receipt of the first invoice issued to the Customer. However, WRI reserve the right to require upfront payment of installation fees (if applicable) upon ordering of the Services or execution of the Service Agreement.
3. Taxes: All prices and charges for the Services, are subject to and do not include all applicable taxes, including all federal, provincial, or local sales taxes, use taxes or any similar tax which may be levied in respect of the installation, operation and maintenance of the Services and related hardware.
4. Increase in Charges: WRI reserve the right to change the monthly recurring charges and usage-based Services.
5. Invoice Inquiries and Disputes: Invoice inquiries and disputes must be brought to WRI’ attention within 30 days of the invoice date, or the Customer will be deemed to have accepted the invoice as accurate in all respects. WRI will review any disputed charges, provided the Customer continues to pay any undisputed portion and subsequent invoices.
1. IP Address Ownership: The Customer acknowledges that WRI is the sole owner of all IP addresses allocated to the Customer. The IP addresses allocated to the Customer will be returned to WRI upon cancellation or termination of the Services. WRI reserve the right to change, modify, cancel or revoke the IP allocations and addresses at any time without notice.
2. Internet Security: The Customer is responsible for the security of its network and any devices or services attached to a WRI Internet Connection.
3. Safeguard: It is the Customer’s responsibility to take whatever steps it deems necessary to safeguard any devices, services or data that are connected to the Internet over a connection provided by WRI including, but not limited to, firewalls, proxy servers and virus protection mechanisms.
REVISIONS TO THIS TERMS OF SERVICE WRI reserve the right to revise, amend, or modify the TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).